The TV debates – elections aftermath

This one involving Miguna, Otiende, Wamatangi, Murkomen and Mutula was really good.

 

 

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42 comments on “The TV debates – elections aftermath

  1. the folks over at KNCHR have published/released this publication

    Haven’t gone through it yet, but will make for interesting discussion judging by the few pages I’ve read

    • Now what, if Raila does not participate in elections.

      It seems that we have reached appoint where we are like a car with no brakes. NASA on one hand by all indications is not going to take part in the elections because their irreducible minimums have not been met. Jubilee on the other hand is steaming ahead and together with IEBC are planning the elections as if there was no crisis. In other words we have a compete stalemate

      Upon request for clarification on who should take part in an election after nullification by the AG in the Raila case of 2013, the SCOK pronounced itself in paragraph 290. It stated that only the candidate who petitioned and that declared by the IEBC should participate. It further on said that should any of the two candidates die or abandon the electoral process then a fresh elections complete with nominations be held.

      As we, all know Jubilee via an amendment to the electoral act has decided to circumvent this by declaring that if one candidate does not participate then the one who is left be declared winner.

      My question is this; which of the two has higher authority? (1) Jubilees amendment (2) SCOKs interpretation of the constitution as above?

      NASA could be walking a slippery road if nr 1 is the case, which means that Jubilee would have had a walk in the park. However if its nr 2 then we will end up in the court again and the elections declared null and void.

      Jubilee is so worried about the nr 2 that it has lodged a case aiming to compel Raila to participate in the elections.

      Meanwhile the country will be tinkering on the verge of collapse.

      What say you people???

      • The ongoing charade is a political game without any strict application or compliance to the rules of the game.Finally, NASA bolted out (and rightly so).

        On whether jubilees amendment or the 2013 SCOKs interpretation of the constitution has superior authority. That has already been decided and overtaken by political events (the electoral amendment). Article 94 of the Constitution states the following as the roles of Parliament:

        Article 94 (3) – Parliament may consider and pass amendments to this
        Constitution, and alter county boundaries as provided for in this
        Constitution AND

        94(5) No person or body, other than Parliament, has the power to
        make provision having the force of law in Kenya except under authority
        conferred by this Constitution or by legislation.

        In addition to the Court case compeling Raila to be on the ballot is also the ruling tomorrow on whether Aukot should be on the ballot.

        IEBC – Have already confirmed that they are in closed talks with lawyers to respond to RAILA / KALONZO withdrawal.

        JUBILEE – Kenyatta has already confirmed he will sign the electoral amendment Bill into law and that the election will go ahead as scheduled on 26th.

        RAILA – Due in Europe to discuss Kenya’s Next Test: Democracy, Elections and the Rule of Law

      • ok so there are many “legal and non-legal” opinion and debates flying around

        each one introduces a new angle and provides new perspectives

        here is one that I find rather refreshing, even as Jubilee and IEBC or JEBC as its popularly called, runs around in circles

        I guess the only other event that could beat all this is if Uhuru pulls out of October 26th election citing that its his birthday and cannot participate on such a sacred day

        http://www.aljazeera.com/indepth/opinion/raila-odinga-withdraw-election-rerun-kenya-171011074027416.html

      • Mzee

        I noticed I missed some critical issue you raised in your earlier post. Let me respond very quickly.

        We are soon going to have a democracy with a government for the courts by the courts. Our political leaders have no decency or dignity to actually work things out and even have some semi-fake elections for god’s sakes.

        Now on the matter where Uhuru is amending the constitution to say that in the event that one candidate in the re-run withdraws then the one remaining should be declared the winner they have one big problem.

        Raila has already withdrawn from the race and the amendment is not in effect yet. It will become law after Uhuru signs it. That means the new amendment will have no effect on the Raila case since you cannot apply the law retroactively.

        It is the law which was in effect when Riala submitted his withdrawal that applies. It is a miracle the Uhuru’s billionaire lawyers can’t even pick such simple things out. They are too busy on twitter.

        The more deadly issue is the High Court ruling today that allows Akuot to also run. This complicates everything.

        For one the ruling means the IEBC has been running a bogus rerun plan since the Supreme Court ruling. Which means they have to start afresh with two weeks to go. It may very well also mean that anybody who wants to run can run. Most likely this matter will go to the Supreme Court for clarification and more court rulings.

        In other words the IEBC should be calling for nominations for the race and then issue nomination certificates to the candidates. That is not possible. Effectively this whole thing grinding to a halt.

        In any event nobody as yet knows if Aukot will even want to run under the circumstances. He has two weeks while his competition has had two months plus all the other IEBC “illegalities and irregularities”.

        The elephant in the room just keeps growing bigger while the room stays the same size. There will soon be no space for anybody else in the bloody room. Oh dear.

        IEBC has just announced that they are going to put the names of all the candidates who run on August 8, 2017 on the ballot papers. That means they are starting the whole exercise from scratch when others have been campaigning for six weeks.

        This is a new definition of bungling. Anybody in that list can go to court and ask a court ruling nullifying the whole scum and asking that the exercise be started afresh.

        What we have now is like 100 metre race and some runners are at 10 metres from the crossing line and the other runners who were not allowed to run are being told to start the race 100 metres from the finish line. If we had a race like that only monkeys would run it.

        This whole re-run is now a wreck. Supreme Court ruled that an election is a process not an event. Chebukati never got that part. If the process is messed up, the race is null and void.

        By their own announcement today the IEBC has made the Oct 26, 2017 re-run project a complete farce. They are basically saying they have been running a scum. How clever.

        These IEBC idiots with their masters are like bank robbers caught in the act and they are digging deeper and deeper into the safe boxes to continue their robbery. Stealing requires a lot of intelligence. It is a very tough job because you can be caught. Put some thinking into stealing before you start or you will be sorry.

        I was just talking to my friend Oduor Ong’wen a few minutes ago asking him what the hell is going on in the country. He is in a meeting so we will talk later.

        The big writing on the wall right now is that this Oct. 26 thing is dead. We do not need to resurrect it but we all need to resurrect the country after Uhuru and Ruto are done with their chest thumping. Soon come.

    • Mzee

      This was bound to happen.

      http://www.nation.co.ke/news/Raila-Odinga-quits-repeat-presidential-election-Kenya-Nasa/1056-4133616-tr6we4z/index.html

      It is a brilliant move. Uhuru can now sign his rubbish electoral reforms. He will have nothing to rig. This was a coronation.

      I am usually fiercely opposed to boycotting elections because the opponent just walks in but this has a mountain of complications and the way Uhuru has been operating it would have been very foolish to just walk in there.

      Let’s look at the complications as we move a long. First I need to have a conversation with the folks on the ground and see where there minds are at.

      Right move.

      • Adongo, Mzee

        Clearly there was no point in participating in an election already skewed and with no reforms at IEBC

        However, all that Jubilee wants is power and they do not care about how they obtain it, so this fits in well with their general scheme. Convincing the masses is an easy feat, since all Jubilee supporters carry the same mindset of get power by any means necessary. The only people who have truly been looking for democratic means of achieving power and governance are the very same group that are using all the proper channels to achieve this end, which has been permanently blocked

        There is a slim chance that this matter will surface in SCOK but I do not see SCOK ruling that would precipitate or rather exacerbate a constitutional crisis that is building up. That would take a very different firebrand type of bench and besides this time they will be coerced to submission. There will be no hotel or safe haven where they will deliberate.

        Which then leaves few options
        a) militancy/uprising/rebellion/revolution
        b) secession
        c) give up and toe the line
        d) start the search for new leader(s) to take up the mantra and continue from where the current have left off, i.e another 50 years of the same

        We did not have to get here, we should have taken (b) long time ago. It takes about 5 to 15 years to complete a secession, if we had started this in 2005 by now we would have our own country and fewer of the deaths that have occurred in the period in between

        Each country may have obtained piece or conflict but these would largely address the individual societies and not the forced alliances

        Will be monitoring what happens next but if NASA, CORD or whatever new acronym or movement gravitates towards (c) and (d) then we all need to just join JP and move on, and stop with the pretense. Just concede and move on

      • Nyatieng & others

        Yes indeed this we have a web of chaos in front of us. It could be bad but if Kenyans try to be sensible and refuse to listen to reckless politicians then this could actually be a good wake up call to try and fix that country. Politicians are turning the country into one ugly joke.

        A few things we need to look at.

        1. There is Section 138(2) of the constitution which requires that in any presidential election with more than one candidate the election must be held in all the 290 constituencies.

        https://www.the-star.co.ke/news/2017/09/25/railas-secret-weapon-to-stop-repeat-election_c1641147

        Somebody tried to explain it there but there was a better article about it by some lawyer called HAVI.

        Here is the trouble with this requirement. Uhuru will have to ensure that there are elections in all constituencies. I bet you the IEBC will keep Raila’s name in the ballots to keep up the whole hoax running.

        The trouble here is that in the NASA constituencies there will be many constituencies where there will be no voting at all. Uhuru is going to try to get even just one vote in a constituency.

        This could get very dangerous if Uhuru brings armies of cops to blanket these places so that one tumbocrat can vote.

        It could also be nasty if the NASA voters take the law into their hands and try to flash out fake voters.

        Stuff like this happens you can have a complete war between some communities and cops and anything is possible from there. We have seen that before.

        The sensible thing is for Uhuru to leave the citizens alone and those who want to vote can vote.

        Same with NASA they have to leave people alone and not engage in vigilante mob business if anybody wants to vote. All these is much easier said than done.

        The IEBC officials going into hostile territories where people do not want to vote would have to be either very brave or complete nuts. In many cases they won’t have a choice because Uhuru will order them to go there and bring his army to protect them. Where does that end. See above. Chaos and more chaos.

        Then we have the little matter of Aukot. Will he be allowed to run? Will that change anything. No.

        With your eyes closed or open you can see that the election day itself could be total chaos that can lead to one million bad things for the country. Will our politicians see that coming and make sure the nation avoids it.

        If history is anything to go by they are not able or capable of doing something that radical. So just the day could be mayhem and that will just be a start.

        2. Then there is Section 138(8) of the constitution which was strengthened by the Supreme Court ruling of 2013:

        http://www.nation.co.ke/news/politics/Nasa-seeks-refuge-under-2013-court-verdict/1064-4134102-t6vawlz/index.html

        3. If we are lucky, this could be the time for the politicians to sit down and work their way out of this jam and we can actually have an election may be in 90 days. We can work out a mini constitutional reform package and have a clean presidential election. The 60 days are not edged in stone.

        These could work if the politicians had some pressure from the religious groups, civil society, human rights groups etc.

        That is how we got the BOMAS process that got us out of a similar jam. Of course we still ended with the 2007/8 after Kibaki and his mob rejected BOMAS product. In 2010 we finally got even Kibaki to support a new constitution. And here we are now.

        One big problem now is that the religious groups are just part of the tumbocracy and oligarchy just like the civil society groups. We have very few people out there. Maina Kiai cannot do everything and he set the standard too high for the new honchos running the show.

        4. NASA will have to build a new level of alliance and coalition to bring a lot more people in particularly from the progressive side. Having a guy like David Ndii in NASA is one of the most refreshing things I have seen in a long time. We need more people like that.

        5. We need to avoid lunatic politics like I see in Nairobi.

        This is what I am talking about:

        https://www.the-star.co.ke/news/2017/10/10/video-drama-as-babu-owino-jaguar-fight-in-parliament_c1650160

        This is like those people (RIP) who rushed into a gas tank that had flipped and they were smoking there cigarettes comfortably trying to scoop some fuel. Next was a complete disaster.

        This Luo -v- Kikuyu nonsense has be put to an end. People have more important things to do in the country. If these stupid M.Ps want to have a fight lock them up in a room and close the door.

        The problem with this kind of thing is that it sends a message to those in the streets that it is fight time. If the streets explode you can’t put it back.

        This also reminds me of some cowards in school when I was growing up. They would be begging their friends to hold them as they jump around because they are just about to take somebody out and the other would do the same. In our school we didn’t hold them. We just sat back and were ready to watch show time. The guys would just keep shouting and run away.

      • Adongo

        I agree in general terms with what you write above

        But I do have a question that needs to be answered in a way that reflects back on our history and then projects into the future for generations to come

        Why is it that we

        a) labor through (pre-independence about 15 years, another 15-30 years spanning Jomo, Moi and Kibaki) enormous strife, sometimes death, to enact good laws on governance, attempt to create and strengthen just and credible institutions, get provisions for respect of human rights and a host of other meaningfull reforms,

        and then

        b) watch as inept leaders and their sycophants immediately embark on corruption of the laws, bend them, break and dilute them, and basically reverse and trash all the gains, then proceed with impunity to steal and derail any good governance initiative (look back at the entire coverage from pre independence to current)

        and then

        c) when at the brink of disaster rather than aggressively go after the rogues and charlatans, we once again approach all those of sober minds who have the good faith and ideals for the country to once again drop their resolve and yet again accommodate the “other side”.

        And then rinse and repeat from (a) above

        What are we teaching ourselves? what are we teaching our children?

        Is it ok for someone to come to your property steal your belongings, then set the police on you to lock you up, and then have a judge call the two “warring” parties and ask you to negotiate your release from jail (do note that your stolen property no longer on the table)

        at which point will you finally decide to grow a backbone and defend your basic humanity? is it when you lose a finger, a limb, a child, a generation, a province? how much property, lives, have we lost since it all started (date back to Berlin conference if need be) Could we have minimised this loss by standing firm earlier against some of the oppression and injustice then work towards our ideals after weeding the demagogues among us?

        Before we ask people to go back to the dialogue table, we need to know if we are bringing devils to the table or people with similar desires. Clearly our fundamental cores (currently labeled NASA and Jubilee) are different and can never meet, its time to talk divorce. let those that want to live under Jubilee form their country, those under NASA form theirs and we part ways. If there are more different groups let them step forward with their countries

        I think its time to take or rather direct the fight to where it belongs. Time to call it for what it is, we are incompatible as currently constituted, the earlier we accept this, drop the denial, the better and healthier for everyone

      • The greatest enemy of Kenya, and to a larger extent the continent of Africa; greater than disease, illiteracy, drought and witchcraft; is not Terrorism.
        It’s not Politicians. It’s not Moses Kuria. It’s not Johnston Muthama.
        It’s not Mugabe neither is it Museveni. It is not the constitution and no, it’s not the Executive.

        The greatest enemy choking Africa just the way single-use plastic is choking our oceans is… Drum rolls please……

        THE MIDDLE CLASS CITIZEN.
        Who is the middle class?

        That pretentious, snobbish, cowardly and leeching fellow who only rides on opportunities created by the rich class and the blood and sweat of the poor class
        That fellow who only wants to show off his Subaru or BMW on Saturdays during ‘choma and drinks’ with the boys and fake ‘happy’ smiles hangovered from here to Nineveh the very next day in Church.

        That fellow who imagines scrambling for iPhone X is far much more important than knowing the consequences of strained societal relations and a tribal system engraved in our DNA.

        That fellow Njoki Chege obsesses about in her musings, only concerned at how lit Koroga Festival was and why Betty Kyalo should have at least kept the Porsche gifted by Sultan Bad boy.

        The middle class is me and you. Yes, I belong in this good for nothing category because, I too leech on the struggles of other patriots and pretend to own part of our democratic story.

        Every time our political leaders call out for civil disobedience and protests, it’s only the poor who actually do turn up and the rich don’t really ever give a rat’s ass on how it pans out. But the middle-class… Yes us all. We find it inconvenient, perturbing, tiresome and unnecessary. We get tired when the Supreme Court calls for a new election. Because it shall ‘inconvenience’ us.

        When Raila says we can postpone exams since a democratic process meant to install the country’s leadership must at all times supersede any other national event, the middle class find it disruptive. For their businesses, their holiday plans and their mundane existence.

        The middle class wonder how comes a grown man would brave scorching sunshine and raging rains to attended political rallies in the middle of the week. It’s because this arrogant fellow doesn’t realize that to that Industrial Area causal laborer and that farm hand, politics directly affect them. The national budget directly affect them. Treasury keeps oscillating gas pump prices for the last decade. However much the middle class whine over Twitter, he still pulls up at a Shell station and will say “Weka 2000 na uangalie mbele” and won’t even bother to interrogate the fuel price at the pump. However, to that Kongowea guy, a rise in the price of a matchbox directly influence whether he boards a train to town or not.

        The middle class love to argue how paying a house help 12000 is bothersome since they provide house and food. Well to that house help that is school fees, medical cover for her family of five, food for her children in ushago and savings. We the middle class sods sometimes spend 12000 on one bottle of whisky in one sitting. Yet we still have loans to pay. Not that we are rich, we are just posers in someone else’s success story. Baby Pendo’s story. Matiba’s story. Kenyans who die for our dispensation, their story, our success.

        The middle class love to say “Raila should tell his kids to riot, not us”. Yet, no middle class ever protests anything beyond Zuku prices, the EPL and traffic jam at Nyayo stadium round about.

        They are so ignorant to realize, Raila was a political detainee in his thirties and forties. That William Ruto was Kanu’s Babu Owino, being in YK92 in his twenties. That Musalia inherited his father’s seat at 27 and Kalonzo was in Parliament in his twenties as well. That university students of the 80’s and 90’s gave us democracy and civil rights. Today’s half-baked university kids just want to cameo in Nairobi Diaries and to attend 6AM beach parties.

        Our twenty something year old middle class spawns are obsessed with Tekno Miles, Vera Sidika’s derrière and Donald Kipkorir’s Range Rover.

        If the middle class stopped looking at politics like it were a nuisance to their drab living, yet they are the ones to complain about filming taxes in Kenya that has chased Hollywood to Tanzania and South Africa, yet they are the first ones to complain about net neutrality and the cost of living, if they would just leave their iPads at home for once and join Kenyans in shaping Kenya, if they knew that right now in Europe and America every class of citizen is actively involved in shaping their nation. If our Kenyan middle class was to call out the excesses of government and the bad manners of the opposition in equal measure, then indeed Kenya would go very far.
        There’s a joke, a morbid joke that, elections can be stolen, the poor protestors can protest for a week then hunger shall return them to work. You see, it’s not the poor man that is weak, it’s the middle class who can’t wait to return to work because they have loans to repay and clients to serve. If only they knew that once Kenya is gone to the dogs, all that they struggle for will be to naught.

        African middle class citizens need to start demanding for accountability, for justice, for equitable distribution of public resources and for the betterment of our collective existence.

        Otherwise, our politicians are entirely voted for by the poor slum dwellers and controlled by the wealthy Kitusuru and Karen dwellers. (Not the fake Karen behind Catholic university by the way, that’s ratchet middle class pretentious living as well)
        Interrogate your lives. Who owns Kenyan politics?

        Kibera slums, Mathare slums, Muthaiga suburbs and Runda surbubs. The rest of us are just noisy passengers in bewtween.
        ——————————————
        Taken from Kyrgitt on Facebook

      • Here is Havi again:

        https://www.the-star.co.ke/news/2017/10/12/fresh-election-a-must-or-to-hell-we-go_c1651072

        After reading this I finally got a chance to talk to my friends on the ground. This Oct 26, 2017 coronation plan is not happening. The door has pretty much been closed.

        The argument by Havi is that once the IEBC received the letter of withdrawal from Raila the Oct. 26 fraud died.

        What remains really is a legal and political landmine. The irony here is that Uhuru’s Electoral amendments were actually meant to plant even more legal landmines after they steal the vote next time. Now they have more landmines. And they are deadly to the power maniacs in Jubilee.

        The thing that worries me right now is that Uhuru is now outlawing the rights of Kenyans to assemble freely and to protest.

        Basically Uhuru is setting the scene for mass arrests and violence against Kenyans by the police. That never ends well. That is the testimony of history on similar ventures by previous dictators.

        Uhuru now wants to turn the whole country into a war zone. Sadly he may get just that. At what cost to the country. That is the question for the whole country.

      • Adongo, Nyatieng and Admin.
        Its mind boggling how the IEBC is unable to interpret simple law written in simple English.

  2. It seems like our mainstream media types are beginning to understand that Uhuru and his politics could lead the country into the abyss and it may be one that could be very difficult to get out of.

    Here is Macharia Gaitho who thinks Uhuru is a fantastic guy but one who could easily be lured to destroy the country to preserve his power.

    http://www.nation.co.ke/oped/opinion/-Uhuru-should-obey-own-good-nature/440808-4122148-eewcwg/index.html

    I heard a lot of this kind of stuff from my friends who happen be members of the Kikuyu community and with whom I have worked for decades on issues of human rights. On the voting day I was in Maimuto in Kabete then I ended up in my friends place just a few yards from Ruaka in Kiambu to watch IEBC screw everything up.

    Many told me that the real problem in Kenya starts now when Uhuru is doing his last term (even that is now in doubt). The point is that the ruthless William Ruto must take charge now if Uhuru gets the second term. Ruto then must be ready to run the show as he prepares for his round of ten years. Most of Uhuru voters in Central hate Ruto even more than they hate Raila.

    Take the case of my good friend Karimi Nduthu. He was killed in cold blood by Moi after serving a ten year jail sentence for his human rights work.

    Karimi’s mother who had lived in Molo and raised her family there as a farmer barely survived the ethnic war in Rift Valley after the 2007 elections. She lives in Thika now. My son is named after Karimi so I always like to visit Karimi’s mother.

    My buddy Ndung’i Githuku, also a human rights worker as film producer (We Lived To Tell) is the one who takes me to see her.

    I asked Githuku is Karimi’ mother has moved back to Molo. Ndung’i said she can’t. She is an IDP with no intention of going back to her land because she knows the Jubilee love affair is between Uhuru and Ruto as individuals who need power but if she were to go back she would be a sitting duck.

    That is the general sentiment. The Uhuru Ruto union has never even bothered to try and address the land mess in Rift Valley. It is not their priority. That stuff is still in the oven only at low heat. Kenyans are not stupid. They know these things.

    So now we have a situation where Uhuru and Ruto are spewing daily threats to anybody who disagrees with them. The ground is getting restless. Mobsters are raring their heads in confidence. The whole country is restless. Anything and everything is possible. That is rough. What next.

    Which brings me to the story of Comrade David Murathe whose bold talk of Uhuru being just a good old dictator is the key piece in Gaitho’s opinion piece.

    Murathe is not a crazy guy. But he is deep inside the Uhuru circle. These are good old family friends. Murathe is from Murang’a and actually was an M.P for Gatanga at one time.

    Murathe’s father is one of the Murang’a guys that worked with Mzee Kenyatta at a time he was called Kamaliza. But old Murathe was in business not politics. And he made a bundle.

    At the university David Murathe surprised many of his family friends by joining the so called radical wing of the Students Organisation of Nairobi University (SONU). I told you folks that his nickname among us, hi comrades, was Conman. You had no clue what Con was going to do next.

    On the day of coup attempt in August 1, 1982 Murathe, Rateng’ Oginga Ogego (former Kenya ambassador to USA) and myself were in Nairobi streets at around 4.00 a.m then shots started flying all over. How we got there is classified information at least for now.

    We were in Murathe’s land rover. I told him, dude, we are in a land rover someone could blow us up by mistake. We abandoned the car in the streets and made it to campus alive, barely. The cops got the car, traced it to Murathe’s father and of course we were in a lot of trouble. Normal stuff.

    So knowing Con, I know what he is saying is real. We are on that road. It will all come down to what happens if the October elections fail an the Uhuru regime ends up in crisis. I am going to talk to Con and I know he is going to be straight forward. He really never minces words.

    I can tell you Uhuru will NOT hand over power to anybody. Uhuru also cannot share power because that puts Ruto in a mess.

    Kibaki could share power because his VP at the time was not a power hungry maniac. That is not the situation today. We have problems, don’t we? It will be resolved. The next few days are critical. Very critical.

    • Uhuru is on a roll now.

      This is the kind of stuff that can get you the ICC. We need to document each and every piece of this Uhuru obsession with killing children. They shot and killed a kid in Nairobi in August right in her own house.

      They killed another 10 year old. And now they are pouring teargas canisters in a classroom of toddlers. This is what is called crimes against humanity.

      https://www.the-star.co.ke/news/2017/10/03/video-three-kids-hospitalised-after-cops-teargas-kisumu-nursery-school_c1646273

      http://www.nation.co.ke/news/Police-tear-gas-nursery-pupils-in-Nyalenda/1056-4122606-kkecq1/index.html

      As Uhuru and his madman Matiangi keep committing and sneering at these serious criminal activities we in the human rights movement need to have real serious documentation of everything.

      Get the video clips, pictures and interview survivors and family members of victims. We need this on paper and video and take this matter to the international community. That work is now priority number one as far as I am concerned. Forget the damn elections. That is a dead issue now.

      The last thing I want to mention is that based on my conversations with authoritative sources the October 26, 2017 election is NOT happening. There is no compromise and there will be none at all. Both sides are set and we can bury the idea of elections. Next.

    • There remains a strange sense of entitlement among the folks from Central who truly believe Kenya is theirs alone. But just like the biblical stories of the Pharaohs, they are reluctant to let the other people go. They want to own parts of Kenya that are not their ancestral land. Sad as it may be, the country will fracture, better sooner than later, because the more time that passes, the harder it will be, and more lives will be lost and lots more blood unnecessarily shed. Elections is just a convenient excuse today, and closely mirrors the fiasco that is South Sudan. The reality is that there are people who refuse to be in a union unless they have all the instruments of governance. Kenya right now has the folks from Central dominating the police service, civil service, armed forces, judiciary, parliament, and you name it. There is nothing wrong with this as long as they do it in their own country. The rest of the country would prefer to be liberated from this and needs to peacefully move away

      • Admin,
        You are right. Guys from Central province have no shame in taking 99% and leaving the others with 1%. Infact they enjoy it.

        The country called Kenya can never come together as long the Centralians continue with the same attitude. These are people who have failed to recognize anyone else in the country except those helping them to stick to power e.g the Kalles. But even Kalles are just being used and they will come to realize this fairly late.

        All I know is that Coastarians have learnt the hardway and have no time for Jubilee. They have suffered just as much as the Luo. But its only in the last decade that they have found their voice. This voice is growing louder by the day. These guys have the exact same feeling Nyazarians have towards Uthamaki. They have even asked for secession.

        Coming to secession, I believe that its time. Its time our people left this unworkable union. We cannot fight fellow humans forever. It might look as if Kenya is being betrayed but in the long run it will be good for everyone, even the Uthamaki. They will have their country where they lord over everything including stones and birds.

        A complete separation is the only way.
        They cannot hold us hostage anymore.

        OBS! These guys hate Raila , but honestly they need to thank him. I know that there are some radical Luo leaders who could have pulled the secession move ages ago had they 1/4 of the power/popularity/connection/wealth Raila has. If Raila should stand up and say LET MY PEOPLE GO, Kenya as we know it would come to an abrupt stop. Such a declaration would probably trigger 10 more such declarations from different parts of the country starting with Coast then Western.

        You cant hate a people yet you wont let them go.

      • My view has always been that Kenya is far too divided to carry on as one nation. The assumption that if the opposition formed Government and everything would change is just a deep dream (coma).

        In fact a NASA government would owe it to the country in a referendum to choose an alternative political system (without fail).

        Till that happens…we have to contend with and deal with THE MANY skeletons unravelling:

        https://theblacksea.eu/stories/article/en/court-secrets-ocampo-explainer

        https://www.standardmedia.co.ke/article/2001256607/how-ocampo-schemed-an-honourable-exit-for-uhuru-kenyatta

        These revelations at this time are explosive given the current political climate and ongoing domestic shenanigans.The international community with seldom the final say on who governs us are in a pickle should our ICC brothers play the wrong cards. Meanwhile they’s something happening behind the scenes with NASA (I just can’t work it out). I want to believe that they are in control!!!!

        Ndii mentioned that “The people have the right to possess arms within their domicile, for their safety and legitimate defence.” (borrowed from Mexican constitution)

        In my view, It’s a given, we are entering uncertain times

      • It appears NASA is about to make an announcement on the elections. Lets wait for it.

        Could be the times are a changing.? Who knows. Lock time it is. Yes.

    • Admin.

      You raise good points. I will address some of them shortly.

      But first I want to post the piece by Nelson Havi which I was looking for to include in my previous assessment of the political nightmare in the country. Havi is saying after NASA removed themselves from this Oct. 26, 2017 fraud, legally the country must go for fresh elections.

      Here it is:

      http://www.nation.co.ke/oped/opinion/Why-IEBC-must-now-prepare-for-a-fresh-poll/440808-4134154-sq2o3k/index.html

      Now let me give some response to your very valid concerns.

      1. Are we compatible as peoples of the republic given our history of tribal and ethnic strife which has caused so much damage to so many communities. That is an important question at times like this.

      I live in Canada where in 1995, one of the most prominent provinces of the nation, Quebec, decided they were fed up with Canada which treated them poorly. They wanted to separate and become the republic of Quebec.

      Never mind that at that very time the Prime Minister of Canada, Jean Chretien, was from Quebec province of Canada. The Prime Minister before him was Brian Mulroney also from Quebec province. In fact there is no province in Canada which has produced more Prime Ministers for the country than Quebec.

      The current PM Justin Trudeau is from Quebec and he is a great Prime Minister. His father Pierre Trudeau is one of the most respected Prime Ministers in the history of Canada. He is the one who opened the doors of Canada for immigrants.

      But here is the story. The referendum for separation was treated as a joke by the rest of Canada who argued the benefits for Quebec being in Canada were so huge that Quebec would never separate. Jean Chretien the PM at the time, himself from Quebec dismissed the whole separation referendum as a joke.

      Two weeks to the referendum the polls showed the separatists (as they are rudely called by the rest of Canada) were ahead. We could all feel the panic. Canada had to do extraordinary things to stop the wave which they did and beat the separatists by a few votes. It was completely terrifying for Canada.

      I am not going to talk about the issue in Spain right now. Everybody knows how much I love Barcelona. It is because of Messi of course. That is another story. Sure.

      Now is Canada better together with Quebec. Of course it is. Were the people of Quebec right in demanding an exit to the union (confederation) called Canada. Absolutely yes. But they figured it out for the good of everybody. That is my first choice on the stalemate in Kenya . But first we all (including Uhuru ) must accept that we are in a stale mate.

      2. In my view the greatest moments of hope for our country has come when all communities came together. And we have been at our worst in war time among the population of our great jamhuri. These are some of the worst times: 1966, 1969, 1975, 1981, 1982, 1990/1/2/3, 1997. That is something to look at and find out how it all came about and impacted the country negatively.

      3. Thee greatest successes for our country have been times when Kenyans from everywhere and all ethnic groups came together to liberate their country.

      1963 remains the greatest moment of our country. We became an independent nation. Kenyans from everywhere were happy, they were hopeful and quite frankly they didn’t care what your tribe was. We had a country called Kenya. It was a wonderful time for our people from everywhere.

      That was our chance to build a special country. Jomo Kenyatta screwed and ate it all up. Land grabbing was more important to him and his friends. Tribalism was his only ideology. Kenyatta became a thug and a dictator. Mercifully his rule ended in 1978 but the disease he inflicted on our country didn’t go to the grave with him. We have it till now.

      4. The second biggest victory in our country came in 2002. Again it happened when the whole country with all different ethnic groups came together to end the Moi dictatorship.

      At the university we used to say that Moi inherited the bloody footsteps of Kenyatta and called them Nyayo footsteps. Fuata Nyayo meaning follow the blood and kill.

      It took our country until 2002 to scrap off some of the blood from the footsteps. That is still work in progress with Moi’s little toys, Uhuru and Ruto trying to bring back the Moi dictatorship in 2017. They won’t. Because Kenyans will stop them.

      That should our next big achievement as a united country. It can be done and I think It will be done. But we need to talk about these things and explore all alternatives. This is work time for the nation. We are going to be there in all forms.

      • Adongo

        First thanks for the excellent comments and very sober approach to a very difficult problem

        I will come back to the essence of discussion later

        But for now I want to explain my (and perhaps a few others here) dilemna

        To put it delicately, we come ready to do battle with the likes of Moses Kuria, Duale etc but instead find you at the front door waving a peace flag, while the said fellows sip coffee in the main house.

        Put another way, we persevere months getting abused, irritated and trod on by the likes of Moses Kuria, Duale, Kip someone, the speaker I forget their names etc and just when we set ourselves to set on these guys or else break away, we then run into you waving the peace flag, and redirecting our focus.

        Remembering that you and other comrades endured terrible brutality under the Moi regime while such folk timidly sat by and you can still come here and speak peace and reconciliation, its totally unfair bro.

        We need to fracture the country, break into two (minimum) and the let the chips fall where they will

        But anyway you capture very well the essence of our struggles

        As far as Quebec and Catalonia, both of these are/were economic powerhouses and were/are breaking away to more or less protect their wealth. It is the rest of their countries that suddenly see their value and trying to win them back.
        Not quite the same here. We simply want a different leadership mindset. That mindset is NOT in jubilee types. It cannot be changed, its cast in stone. Many of us were once in denial that is why you will always find someone eager to drop a name of some fellow from that side that is not the garden variety, but that is the exception rather than the norm.

        Am not ready to wait another upheaval, “to come together as one”, that is what gullible people do all the time, fall into the same con game over and over.

        As they say, the only thing we learn from history, is that we don’t.

        Instead we sit here, display and lick our wounds, and go back into the same dog-fight

        We are ready and its time, there comes a time) when no matter how sweet, no matter our comfort zones and nests, yes we might be starting completely from scratch, but better start now and look forward than pretend that things will somehow change. Not in this structure and not with our ingrained mindsets. Better to face up to the truth today and work from there than keep banging our heads against walls.

      • Admin

        In response to your important question that reflects back on our history and then projects into the future for generations to come.

        I will respond with some psychological / philosophical mind games often employed in dispute resolution. We always agree that Resolution is Nonrational in other words the problem does not have to be solved for the conflict to be resolved.

        And this is where we are as a country…What do I mean?

        In essense our conflict cannot be resolved by reason alone. In fact, reasonableness has little to do with it.

        The attempted resolution of the current stalement was only going to produce two outcomes:

        1. Substantive:A mutually acceptable solution to the disputed issue that satisfies both parties’ objective self – interests. AND
        2. Emotional: Enhancement of mutual trust, respect, acceptance, and intimacy (how we feel in the relationship).

        The resolution of emotional issues affects our substantive experience of the relationship, which is not directly determined by the objective facts.

        You rightly point out that, in the last 50 years in Kenya we have observed one side being angry and upset about a situation that is sanguinely accepted by another?

        In our current predicament we are propelled into conflict by the appearance of incompatible positions on a substanive issue (fair elections) – NASA wants this, JUBILEE wants that. BUT what appears as substantive issue that they both believe represent their differences in rational (objective) self-interests are often, in reality, mere facades concealing perceived threats to our underlying emotional needs.

        Moving forward – NASA/JUBILEE must determine and value their interdependency on each other for Kenya to decide and move on.

        Adongo gave the excellent historical example of Quebec and her call for secession. If NASA/JUBILEE come to the conclusion that they are not very interdependent on each other (where the emotional needs fo each other are of low intensity) then the differences they both hold can afford to be managed in a flexible, generous way and both can be able to compromise on some substantive issues. All this becaue not much will be at stake for them emotionally.

        In my view I FEEL that NASA/JUBILEE have an intensely interdependent relationship and as a result, the approach to resolving the substanive issue is secondary to the resolution of emotional issues.

        The objective facts in dispute at this stage (fair elections) are less important than the subjective experience of being in the relationship. This is where NASA finds herself and decides to bolt out and not participate in the scheduled elections on 26 October.

        Consequently, NASA feels that it may be necessary to have many conversations about these substantive issues before ithey can be solved (working out modalities for a fair elections), all the while keeping the conflict resolved by minimizing perceived threats to her emotional issues.

        NASA seems to be playing her cards close to her chest with a clear objective of what the END GAME is.

        Should that be and remain the case then one must KEEP CALM, because in the world of managing differences, it’s at this point that real choices became viable options.

      • Nyateieng,

        Noted, thanks

        Was in process of adding some observations but got derailed by Mativo’s ruling, will come back to this later in the week

        Lots of good points

    • And here comes the face of fascism.

      http://www.nation.co.ke/news/Police-teargas-nursery-pupils-in-Nyalenda-Kisumu/1056-4138390-h8xewk/index.html

      I was talking to my friend Ndung’i Githuku who works with several human rights groups and the people on the ground are documenting this national nightmare.

      Like I said before this kind of stuff constitutes crimes against humanity. You cannot just pour teargas on sleeping children. There is no way you can justify that. And it becomes crimes against humanity when the perpetrators are not punished by the state because they were sent to do this by the same state.

      And there were three shot dead in Bondo today and talking to the folks down there things could get very bad. There has been a peaceful co-existence between the public and the cops in Bondo.

      Now the red line has been crossed. If the young guys decide to have a showdown with the cops it could go down very badly. The folks I talked to told me that could happen tonight because the young guys are furious about there colleagues being shot.

      The young folks may just decide that it is time for a total war with those who are killing them. The police may have the guns and bullets but they don’t have the numbers. They can be run out of town if people see them as killers. Talk about a nightmare.

      • Bwana Adongo
        I have been on phone for the last few minutes talking to folks in Kisumu. I can confirm that whats happening there is horrible.

        I’m told that the young men of Nyalenda area have been peaceful since morning just hanging around and taking care of their own business. The police were of course driving their cars up and down looking for trouble in vain. At around 15:00hrs, all of a sudden and without provocation, they threw teargas into a primary school called Mt Camel. Thats when the youth decided that they had enough of the bull. Stones started raining and the police responded with more teargas. Trouble for the police is that no one fears tears anymore. They lob the stuff and the young men just look at them as if nothing happened. This further infuriates the police who respond with bullets.

        Whats occurring is pure ethnic cleansing by Uhuru and Ruto. Uhuruto´s belief is that killing Luos will solve their problems because Luos are the “trouble makers”.

        Then we have this fellow called Matiangi who has the intention of igniting a war between Luos and Kisii`s. The aim of his very silly statements is to make luos and Kisii in Kisumu fight each other. Happily nothing of the sort is happening. This guy reminds me of the late John Michuki. The guy who murdered Mungiki like flies. He who cordoned Uhuru park fearing that one million man strong would gather there and march to state house to topple Kibaki. Matiangi forgets that we have been here and seen it all.

        Yet, I’m still confused. I don’t know where we are heading as a country. 26th is here. What happens if the elections are held and Uhuru declared president? It seems that the clueless IEBC boss is hell bent on doing just this.

        Another funny development that surprised me is Ekuru Aukots about turn. From a man seeking reforms to that who must now be on the ballot papers not matter what. Basically, he has forgotten all the ideals that he has been fighting for. Reforms are no longer an issue to him. What he wants is to face Uhuru. Even if he will get just 1% of the votes cast in a contest with Uhuru. He is very determined to make Uhuru legit. Perhaps money has been poured his way.

        We are going down fast.

  3. As the country battles to sort itself out after the thieves were caught, there are a few things that are just too dangerous to fool around with.

    This is one of them.

    https://www.standardmedia.co.ke/article/2001255605/babu-owino-arrested-for-dog-remarks-as-uhuru-supporters-block-roads

    Babu Owino is the best example of why nobody takes SONU seriously anymore. This young man irritates me to no end.

    But calling some imaginary person “puppy” is not an offence. For the love of god, LeBron James, another person who irritates me to no end, (they beat my Toronto raptors) just called President Trump ” a bum”

    If he was a Kenyan talking about muthamaki he could have been shot on the spot.

    The real danger here is that this orchestrated hype of a Luo kid calling a Kikuyu king a “puppy” or using the “umbwa” word is supposed to be a declaration of war between Luos and Kikuyus. Nonsense.

    Forget the penis politicians who love to talk about their chopped off stuff like it is god’s blessing.

    So now we have Kikuyus salivating for this young man’s blood and we have the police being used by Uhuru to punish and discipline Babu Owino.

    All it takes is for this guy to get his head chopped off by Mungiki lunatics and you have a tribal warfare raging in the country starting from something this stupid.

    Do we really have to be this foolish. Leave the young man alone. Leave the other devils alone and we will be just fine.

    The real problem in Kenya is not that we are going to have another 2007/8 blowout. Kenyans are too smart for that. The real problem is that with the toxic politics in the country and Uhuru exchanging abuses with the likes of Babu Owino, something snaps and everything is up in smokes. That is how national tragedies happen.

    Rwanda genocide started as a joke. Look where it ended. Angry people are dangerous people. This is not rocket science. We have to pull the country from absolute anger. It is really explosive particularly when the fuel of this anger is tribalism. We are playing with active fire. For real.

    And the nonsense continues:

    http://www.nation.co.ke/news/LSK-private-prosecution-Babu-Owino-arrest/1056-4116162-9kvrqv/index.html

    • Doing rounds on the internet is this clip of Hon Owino being re-arrested at the courts with his lawyers making every effort to shield him from being dragged away

      Watching the 2 – 3 minutes clip and you feel fear and see hatred!

      Then another clip of Hon Milly walking into the Parliament chambers during a sitting – wondering how the can be in session when a colleague is being passed through cells in NRB:

      I was in primary/secondary school in 80/90s and unable to compare/contrast what is happening now with the Kenya of the past era (Moi) ?

      Now, imagine the millenials born in the late 90s/2000 – what thoughts are going through there minds watching these videos ?

      Its a concern because should NASA form the next governement will they forgive, forget and move on?

      I often ask people who were exiled whether they have forgiven the past I do this to determine whether we can actually live as one people ?

      Will NASA not feel awkward with the instruments of power with that type of history behind them ?

      It’s a history that requires justice to be upheld and for peace to prevail.

      As a young father, when I watch these videos, I come to the conclusion that we as a the people of Kenya are divided!

      I genuinely don’t think that we can go on as a united people with the current arrangement.It’s a recipe for disaster.

      In 50 years time I wouldn’t want to burden my children with problems of the 1990s and post 2007 politics!

      Will JUBILLEE winning a second term have mercy on the opposition and bring peace ? and when NASA forms the next government will they be able to provide a referendum for Kenyans to decide on a different political system because thats the only formulae to heal and bridge the divide!

      • Folks,

        Based on my discussions with those on the ground yesterday when I raised the concerning slow walk to the political graveyard in Kenya, it appears there will be no election at all unless some huge turnaround takes place.

        It looks like there is some little movement:

        https://www.the-star.co.ke/news/2017/09/29/jubilee-rigging-cartel-worked-from-military-installation-in-karen_c1644539

        The message I got pretty clearly was that Uhuru and his Jubilee thieves are determined to just get a coronation for Uhuru.

        The new changes being bulldozed in parliament is essentially to determine who will coronate Uhuru.

        The Jubilee fear is that Chebukati may be messed up the point of just quitting office or he could be thrown out. If something like that happens there will be no National Returning Officer, who is the only person under our constitution who hands over the certificate for the new president.

        Uhuru now wants changes so that Chebukati’s Vice Chair to be able to just take over as Chairperson and give Uhuru the certicifate. In case that doesn’t work Uhuru wants whatever number of commissioners are available to simply appoint one of them as the chair.

        The nightmare for Uhuru is that he cannot appoint a new IEBC chair as an acting president.

        So all that just to get Uhuru some token chair to hand him the certificate. Too bad they can’t get Kivuitu from his cold grave to do what he did for Kibaki.

        Then we have the whole mess of taking away all legal provisions that helped to expose the rigging.

        In fact Uhuru and his mob want the new law rushed within days so they can be sure they will have their day on election day.

        NASA folks are basically saying either we have legit elections or they will not participate and from my information they are seriously firm on that.

        If we end up with a completely messed up situation and no elections to speak of we enter a new territory where we have never been before. It could be deadly considering the atmosphere in the country today. We are not playing with fire anymore. We are walking right into the inferno as a country with our eyes wide open. It is frightening.

      • And here is my buddy, Comrade David Murathe

        https://www.the-star.co.ke/news/2017/09/30/be-a-dictator-to-save-kenya-jubilee-vice-chair-david-murathe-advises_c1644625

        David Murathe whom we used to call conman was my closest comrade at the university during our time as leaders of the Students Organisation of Nairobi University (SONU).

        Con was in charge of catering services and I was the Secretary General when we had the war with Moi over one party dictatorship. I had to prepare endless press statements blasting Moi and there is no soldier who works as hard as Con when you have a project to execute. The man thinks on his feet and he can be ruthless and reckless. Never mind he had endless volumes of money.

        Murathe’s father, a very polite and affable gentleman was one of the first africans in Kenya to get into the liquor business as a merchant distilling and selling all sorts of spirits in Kenya. He became super rich and bought entire streets in Nairobi.

        So Murathe, a guy called Onyango CA and myself were pretty much the three evil heads of SONU in war time against the Moi dictatorship. We ended up in jail together after the 1982 coup attempt.

        With us in the same cell at Nairobi Area Remand Prison (Inda) was Kibitsu Kabatesi who now works with NASA. Of course Oduor Ong’wen also with NASA was in an opposite cell.I told them when I was home during the election time that whoever wins I am going to go to State House and do what we used to do with them. Go to State House and protest in Moi’s face. That promise is still ON. No kidding.

        When Conman says it is time for good old dictatorship, you better believe him. That is the real thinking in the inner Uhuru circles. Con just let the rat out of the trap. Did I say he can be reckless. But this is serious stuff. I know. I am going to have to talk to Conman and tell him to calm down.

      • Bwana Adongo,
        I dont think that Jubille and their Uhuru and his tribal gang see what others are seeing. To them power has to be retained by all means necessary even if it means killing people here and there. Do not be surprised if they assassinate Raila. They are in total desperation and panic.

        My belief is that they will pass their laws, NASA will go court but the court will be too chicken or compromised to stop them. Do you remember when they wanted to run for the first time and were taken to court on account that they were at the ICC and were not eligible to contest? They basically bullied and bribed their way through. This is what they intend to do again.

        The amendments in my opinion will achieve legalized rigging. They are saying that manual system will be superior to electronic. Then they say that presiding officers/agents must sign the forms or else they will be jailed for 5 years. What Jubilee wants to achieve is for example; Adongo votes in Bondo, votes are counted then entered in form 34A showing Raila got 700 votes and Uhuru 60 votes in polling station X. The form is then scanned and sent to the tallying centers both national and constituency levels. The the original form 34A is now transferred by road to Nairobi. If the numbers are changed somewhere along the way, say in Kericho, to Raila 60 and Uhuru 700, they will compare the changed numbers and whats in KIEMS. According to the new elections act the manual system will prevail and the changed results will stand. Since all the agents have appended their signature in the form everything will be honky dory. Add this to what you have said about the chair of IEBC and the fact that any judge would be legible to swear in Uhuru and you start seeing where this is leading.

        People like David Con Murathe , might have been you comrades at UoN, but just remember that he is s now singing another tune and I don’t think that he will even listen to you. You see the arrogance by which he was dismissing Norman Magaya on TV. The fact that they wish Uhuru was a dictator tells you that they have all lost it.

      • Of all the endless court cases against the Oct 26, 2017 re-run this here by Mwau could very well be the deadliest

        http://www.nation.co.ke/news/politics/Mwau-sues-IEBC-presidential-nominations/1064-4141826-3hpb6u/index.html:

        Mwau’s argument which reflects my own thinking as that the Supreme Court ruling on Sept 1, 2017 indicated the August 8, 2017 elections was nonsense and a fresh election was required.

        Effectively that means the fresh elections required fresh nominations that could even include those who never participated in the August 8 bogus elections.

        The Supreme court itself was confused indicting that only Raila and Uhuru could participate in the rerun. A new court ruling has allowed Aukot to be included in the rerun,

        IEBC has gone ahead and included 5 candidates in the presidential rerun excluding only the bankrupt Jirongo.

        Essentially nobody knows who is eligible to run this Oct 26 new fiasco of an election.

        The crux of the matter is that this thing will go back to the Supreme Court of Kenya regardless.

        I think Mwau’s argument will win the day.

        In any event we are heading to fresh elections in February 2018. I think all bases are covered as of right now. Good.

    • It is beginning to look we may not have any presidential re-run after all:

      http://www.nation.co.ke/news/politics/Talks-on-polls-collapse-as-Nasa-calls-for—protests–/1064-4116846-a6p31bz/index.html

      As a citizen of our great republic and an activist for human rights I have always dismissed any notion of boycotting elections as a form of protest. I have often argued that it is a lose lose situation. Can’t be good, Can it?

      Until now and this scares me to death. Literally.

      If Uhuru and Jubilee decide on their own to change the Election Laws and legalize electoral theft through parliament, what is the point of a presidential election?

      I agree with NASA leader, James Orengo, when he says that if Jubilee imposes new electoral laws then Jubilee can have their own elections. And NASA will have their own.

      This is bad stuff. A two state solution? A three state solution? Or the Mighty 10 state solution? It hasn’t worked for the Palestinians and the Israelis. Has it?

      We need to be careful.

      We only have one country.

      It is called Kenya.

      And we love it.

      But be careful

      • Adongo there is a lot of BS coming from JP, Kenya is already gone to the dogs. Did you see footage of GSU getting campus kids who were in class and hostels, dragging them out and brutalizing them. They also appeared to single out students and lead them to dark corners, it appears like they singled out female students for molestation.

        Mwanwhile there is this petition and a case filed in supreme court to dissolve parliament as currently constituted being non-compliant, the same unresolved 2/3 gender issue

        Click on the link below to sign the petition

        Parliamentary 2/3 Gender Parity – Petition

        Text appended below

        The Chief Justice of Kenya
        Supreme Court Building of Kenya
        City Hall Way
        P.O. Box 30041 – 00100
        Nairobi, Kenya

        PETITION TO THE CHIEF JUSTICE OF KENYA CONCERNING DISSOLUTION OF PARLIAMENT PURSUANT TO ARTICLE 261 (7) OF THE CONSTITUTION OF KENYA 2010 ON CONSEQUENTIAL LEGISLATION

        WHEREAS the Supreme Court of Kenya in Advisory Opinion No. 2 of 2012 advised that Parliament that the constitutional deadline to enact legislation to implement Article 81(b) was 27th August 2015;

        WHEREAS the 11th Parliament was sworn in on 28th March 2013;

        WHEREAS despite the provisions of the Constitution, including among others, Articles 2, 3, 10, 27, 28 73, 81, 94, 261 and the Fifth Schedule; Parliament on at least two occasions failed to pass a law to implement Article 81(b) and thereby comply with the deadline advised by the Supreme Court Advisory Opinion 2 of 2012 as well as required by the Constitution;

        WHEREAS On 29th March 2017 in Petition No. 371 of 2016 the High Court ordered that “…if Parliament fails to enact said legislation within the said period of SIXTY (60) DAYS from the date of this order, the Petitioners or any other person shall be at liberty to petition the Honourable the Chief Judge to advise the President to dissolve Parliament.” [Centre for Rights Education and Awareness & another v Speaker of National Assembly & 5 others [2017] eKLR]

        WHEREAS despite the High Court order of March 29th, 2017 Parliament nevertheless refused, failed and/or neglected to comply with the Constitution and Orders of the High Court and pass legislation to implement Article 81(b);

        WHEREAS on 8th August 2017 there was a general election as provided in the Constitution;

        WHEREAS despite the swearing in of the 12th Parliament on 31st August 2017 and the subsequent election of Speakers, neither house has provided any indication of an intention to prioritize the enactment of Article 81(b) legislation to purge the non‐compliance with the Constitution and superior court orders.

        WHEREAS Parliament is also under an obligation to enact legislation to ensure the inclusion of marginalized groups per Article 100 among them women, persons with disabilities, youth and ethnic minorities and has failed, refused and or neglected to act in accordance with the Constitution;

        WHEREAS the Constitution provides in Article 2(1) “This Constitution is the supreme law of the Republic and binds all persons and all State organs at both levels of government” and Article 3(2) that “Any attempt to establish a government otherwise than in compliance with this Constitution is unlawful.” and

        WHEREAS Article 261(7) provides that:
        (7) If Parliament fails to enact legislation in accordance with an order under clause (6) (b), the Chief Justice shall advise the President to dissolve Parliament and the President shall dissolve Parliament.

        WE THE UNDERSIGNEDTHEREFORE, by this petition and in exercise of our obligations under Article 3(1) “to respect, uphold and defend this Constitution”.

        HEREBY REQUEST that you immediately invoke your constitutional authority pursuant to Articles 261 (7) and in accordance with Articles 1, 2, 3 and 10, among others and advise the President that:

        1. Parliament is in default of the Court Orders issued by the High Court in Petition No. 371 of 2016, and in violation of the timelines set out by the Supreme Court in Advisory Opinion No. 2 of 2012 and in further violation of the constitutional timelines provided for the enactment of legislation to implement Articles 81(b) and 100;
        2. Parliament is in violation of the explicit provisions of Article 3(2) “Any attempt to establish a government otherwise than in compliance with this Constitution is unlawful.”
        3. Due to the foregoing failures, Article 261 (7) compels you to advise the President to dissolve Parliament forthwith and thereby uphold the sovereignty of the people as enshrined in the Constitution of Kenya 2010.

        Respectfully,

    • Mzee,

      Great to see you around. This website is wonderful at this time of great need and crisis in the country.

      This here got my attention.

      http://www.nation.co.ke/news/politics/WakoraNetwork-linked-State-House-to-top-court-s-problems-/1064-4119304-ah8qk7/index.html

      We are walking into a national crisis like we have never seen before. The politicians are shouting and screaming at each other. That is the only thing they are good at.

      Fair enough but the results are very unpredictable.

      I will tell you later about my work and interactions with David Murathe. I actually walked to State House with him and Onyango CA to deliver a SONU memo demanding a referendum on making Kenya a one state by law.

      The cops at State House told us they have never seen people as stupid as us. We told them that was great. We had no intention of doing what everybody else has done. Our purpose was to change our country for the good. We did and we will still.

      No fear whatsoever.

      Interesting times. Indeed.

    • Admin,
      Miguna Miguna has done a splendid job lately of breaking down otherwise very complex legal matters into very simple and understandable stuff. But most of all I have liked how he has dealt with what he refers to as facts and facts alone. No Jubilee person can debate Miguna and win with their silly arguments.

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