Supreme Court Judgement 2017

The Majority Decision

Dissenting Opinion – Ojwang

Dissenting Opinion – Njoki

And for those who prefer the video (it is 7 hours long )



Unity consensus emerging in opposition on super alliance for 2017 polls

According to highly reliable source within the alternative governing coalition, Coalition for Reforms and Democracy (CORD), a significant consensus has been achieved in agreeing the Presidential candidature for the 2017 Kenya General Elections.

The reinvigorated coalition, whose bedrock is social democratic policy and bringing together a group of strategic leaders across all contours of Kenya, will be formed to ensure economic and social stability, security and national cohesion.

The Constitution of Kenya 2010 and Devolution will be its core driving force The positive co-operation of the different parties and individuals and a foundation has been laid to enable the country to shift from retreat and retrogression to advance in most areas of endeavour to Kenyans, despite the exceptionally difficult circumstances, which prevail in four years of corrupt, intolerant and exclusionist Jubilee regime.

The Coalition priorities values of equality, social justice, solidarity, sustainable development, gender equality, and democratic security where collective interests of Kenyans and country take precedence over particular personal interests.

Foremost among its tasks is to deepening devolved system of governance as core pillar of creating wealth and quality jobs for the millions of young people who were conned by Jubilee Government.

To further support building inclusive economy from every sector and corner of the country, the Coalition will strengthen local small businesses and manufacturing in counties.

The coalition will promote open government, increased transparency and deepen democratic reform. It will make every effort to foster an open and creative environment for every Kenyan, and friends of Kenya who we share mutual interest, to prosper and ensure sharing of our wealth while taking cognizance of protecting tomorrow generation future.

The coalition will make every effort to protect low-income earners and those who are most vulnerable, and to distribute the tax burden fairly, equitably and justly.

Young people will have chance to learn, train, work and earn so that they have opportunity to develop the prerequisite quality skills The coalition will be fully devoted to a concerted effort, at all levels of society, toward laying the foundation for inclusive sustainable economic policy and a better society, one which will rank among the best in creating value, prosperity, welfare and real quality of life”.

Negotiators have resolved to abandon the constitutional amendment path and seek to work with the existing constitution governance structure. Further to ensure equity and inclusion in government, the consensus agreement will guarantee that every face and diversity of the Kenya is represented including paying special attention to the generational equity and gender consideration.

The emerging consensus which is yet to be finalized shows the flowing

1. Presidency- Hon. Raila Odinga. He is fronted as major glue and key player in managing the Kenya democratic transition and reconciling the country. There is proposal on the table he will be transitional president.

2. Deputy Presidency- Hon. Kalonzo Musyoka. He is considered to be front runner post-Raila transitional presidency

3. Speaker, National Assembly- Either Coastal or Maa currently front runner Elijah Memusi

4. Majority Leader, National Assembly- Hon. Farah Maalim. This is very strategic political position. Hon. Farah represents wide range of interests especially for Muslim, marginalized and safeguarding the independence and authority of the National assembly. His past experience was considered. He will come through Wiper Party.

5. Speaker, Senate- Mt. Kenya region/Kalenjin. This is crucial position considering that central role Senate is playing in strengthening devolution.

6. Senate Majority- Hon Gideon Moi. His recent Bill local Content and historical position of the Kalenjin to defend interests of minority, devolution and land interests

7. Nairobi Governor,- Hon Musalia Mudavadi. Nairobi is basically the economic and [political hub of Kenya and the region. Hon. Musalia midwife devolution as the last Minister for Local Government. This position gives him a remarkable political influence and almost third most powerful political figure in the country.

8. Senator Moses Wetangula. He is proposed to run for the Bungoma Governorship which is considered to be one of the key Counties in the Country. This will give him chance to rebuild and reorganize his presidential bid for 2022.

9 . Mombasa Governor- Hon. Hassan Joho. He represents strategic County and has national influence and constituency especially young people.

10. Bomet Governor Isaaac Rutto and host of Governors are part of the broad based government that CORD intends to form. Also CORD is set to tap key people in crucial cabinet positions. According to the consensus, cabinet slots will reflect diversity of Kenya and people of impeccable intellectual, integrity and political acumen

Note: Gender representation still remains on table

Senate public accounts committee accused of extortion


Shocking revelations are emerging about how governors from Kenya’s 47 counties are battling a ruthless blackmail syndicate perpetuated by members of the Senate Public Accounts and Investments Committee that has been summoning governors to Nairobi under the guise of answering audit queries.

The sordid details have been exposed following private interviews by governors who have so far received summons. Several governors revealed how members of the committee thrive on harassing and intimidating them, going as far as demanding, off the records, that each of the 12 members of the committee be paid Ksh2.5 million as fees required to ‘overlook’ audit queries. This is the minimum to be paid per financial year, and given that governors have so far served for three financial years, it totals to a staggering Ksh90 million per governor!

In a typical county Ksh 90m can finance the county level 5 hospitals to full capacity in terms of medicine purchase, to offset county inherited debts, cater for public participation activities for 5 years, revamp and build new ECDs, build roads, revamp markets and provide clean water for county residents.

Failure or refusal by governors has been met with threats of production of false but incriminating reports that would paint the governors negatively. In an election year, governors accused of fraud, embezzlement or financial impropriety will find it very difficult to campaign for re-election.

The current members of the Committee are Prof. John Lonyagapuo, Martha Wangari, Hassan Omar, Amos Wako, Kennedy Okongo Mongare, Boni Khalwale, Paul Kimani Wamatangi, George Khaniri, Steven Ole Ntutu, Henry Ndiema and

It is not clear if Senate Speaker Ekwee Ethuro is aware of these serious allegations that put the integrity of the entire senate on the line. It is also not clear if Committee Chairman, Kisumu Senator Peter Anyang’ Nyong’o is partaking to this criminal extortion ring. Nyong’o is known for his strict compliance to the law and leadership integrity.

Numerous senators have declared interest to run as governors in the forthcoming general elections and analysts see this as a desire to control massive resources that are devolved to counties each year by the national treasury. This apparent extortion on governors is a manifestation of illegal fundraising by these ambitious senators ahead of the 2017 campaign period.

Council of Governors chairman, Peter Munya has declared that governors would not attend committee sittings until these allegations of institutionalized blackmail are addressed by the speaker. A visibly upset Governor Munya stopped short of calling for the disbanded of the committee.

The Senate Public Accounts Committee oversees how the 47 counties use allocated funds and audit their investments. It is also specifically mandated with examining reports by the Auditor General on the annual account of county governments and any other reports from the concerning county funds and investments.

Voters will be outraged by this damning exposé given that counties are starved of funds and the senate is abusing its powers to undermine instead of representing the interests of the counties and their governments.

President Kenyatta Government a failure on all fronts, pursuing vengeance politics

A_Elect_Uhuru_RutoPresident Kenyatta government has caused the breakdown of the structures of governance, failure on all fronts from economy to external affairs, engaged in dispensation of pursuing a politics of vendetta and selectively targeting opponents. It is abundantly clear that the government’s mindset was one of perpetual confrontation and containment of divergent opinion.

Kenyatta regime is hallmark of democratic regression. For the last 3 years, President Kenyatta government has been insulting, silencing and belittling political opponents. There is justifiably lead for one to the inference that this government does not believe in bipartisan consensus on issues that concern Kenya’s national interests.

Knee-jerk responses and abrupt changes with regard to many national issues have caused setbacks leading to belittling of issues and country’s response thereto, both at national and regional level. Hype, photo opportunities and high profile events cannot be a substitute for serious foreign, economic and , security diplomacy.

President Kenyatta Government’s tenure in office is marked by gross non-delivery, acknowledged failure to fulfil the promises given to the nation and a betrayal of the people, particularly the poor, disadvantaged and the unemployed. It has used smokescreens to hide its failures.

The government has no quality and quantitive jobs creation record but slow growth of economy. The three years of Kenyatta regime has been marked by unaccountable centralization of power, policy making and administrative decisions. This authoritarian style of functioning has resulted in breakdown of the structures of governance, which has paralyzed administration and undermined independence of institutions of governance institutions.

The political atmosphere in the country has been vitiated by design and default in furtherance of Jubilee government’s divisive agenda. There has been a state orchestrated campaign unleashed which has created turbulence, disharmony and distrust and undermined social unity.

Probity, transparency and accountability have suffered a body blow. Mr. Kenyatta has brazened it out and does not act, when serious allegations of corruption and acts of omission and commission surfaced in his regime. Naming of 175 public officials for allegations of corruption and abuse of office was just a smokescreen and opportunity to reorganize his government but not act of tackling corruption.

Ironically, for a leader and party who has been promising transparency and accountability, Mr. Kenyatta , instead of taking any action, has practiced only double-standards, double-speak and hypocrisy on corruption and other governance malpractices.

All the claims of the government particularly with regard to the economic growth and the dynamism that policies are far removed from the ground realities. There has been gross mismanagement of Kenya economy. The GDP growth rate is flat or going down. If one goes by the old methodology, the GDP has grown only at average (a rate of) 5.3% and the government and has been forced to make a downward revision of the earlier growth projection.

If one goes by the Economic Survey, there is a downward revision. So, the earlier projected growth will not be achieved. The debt-to-GDP ratio gone up to 53.6%. The domestic investment sentiment is very low and there are mounting job losses and the youth of the country have been let down. Instead of new jobs being created, jobs are being lost.

In recent months, there has been a sharp decline in jobs in the manufacturing sector because exports have been in a free fall when there are official claims of an emerging economy.

Kenyans are desperate for the 2017 general elections, to get rid of this incompetent government.