Why Jubilee Supporters should leave the president Alone - By Gideon Kubai

President Uhuru Kenyatta

With the hard fought victory during the last general election which was only decided through a Supreme Court ruling Jubilee and UhuRuto supporters have been in euphoria.

Under the guise of this win, it is becoming hard to reason with millions of Jubilee supporters across the country and in the diaspora.

Suffice to say the campaign and election battle was fought and the win was splendid against seemingly insurmountable odds.

But amid this wall of unbridled happiness, this is an opportune time to direct a few cold hard truths and facts for President Uhuru Kenyatta to be left alone by his supporters and given space to deliver his election pledges.

The space should be left now to help salvage president’s national image and help him carry his national task easily.

President’s personal battle
Once Uhuru became the president he has acquired crucial national responsibilities which surpass narrow ethnic interests which are carried by supporters who come across as his defender in fighting his personal and tribal battle.

These soldiers’ zeal is best manifested online where bundles are dedicated on
facebook, twitter and blogs to sing praise to Uhuru’s and his name against ‘agents of devil and imperialists western powers.’

This otiose zeal has roped in the Kenyatta family, even those who can’t differentiate between Jaba and Jomo, to make it sound like hagiography of Wango’mbe Waihura - the legendary Kikuyu warrior.

The two Uhuru’s sons are young fine men who must be secretly wondering who these very dedicated jubilee supporters are talking about and what is going on.

Equally, both national and senate houses have ground troops have not been left behind in battle mood and arrested campaign mentality. Let us take Aden Duale for example; why did he create a big fuss about withdrawing from the Rome Statute?

Was Duale and Co on a mission to please and ingratiate themselves to the president? Was sycophancy, boot licking and self-preservation so fuzzy to make them realize the pullout was null and was detrimental ongoing ICC cases?

But Duale, like most jubilee elected leaders owe their current positions not from democracy or people’s but due to engrave their images next to the president’s during the campaign period. So perverse was the trend, a foreigner would’ve been mistaken to think Uhuru was running in hundreds of constituencies.

Sovereignty?

Across the social strata jubilee supporters irrespective of their level of education have became experts on dissecting the country’s sovereignty against imperialism and neo-colonialism pushed down Kenyans throat by US and Britain ‘funded’ ICC.

Even in the most rudimentary United Nation definition we are sovereign and this unwarranted braggadocio on proclaiming the obvious will be our downfall as a country.

Kenya isn’t a military superpower, have a runaway inflation and debt ridden economy and donor fund help fight hunger and disease in don’t have the biggest military in the world, we don’t have the biggest economy in the word and our people are still dying of hunger and st Century and over a half a century from independence.

An overzealous jubilee supporter or legislator wearing a crisp western style suit, a parliament funded by millions of US grant, using standing orders borrowed from British house and laboring in Queen’s English can’t lecture us on liberation and neocolonialism.

Even Uhuru Kenyatta a fully born and bred elite has a degree from Amherst College in Massachusetts; the state famously touted as the spirit of America.

I won’t go about the soft power colonization through English football, Hollywood movies, American music, dressing culture and western food like pizza and burger as we seek to look “in the East for development.’

The world is one big village; we are interconnected because even China we seek for aid can’t afford to cut ties with US even though they compete for world supremacy.


Cord/Jubilee matrix and attack on civil society
And here is how this overzealous sycophancy is affecting Kenya: the country still stays polarized more than six months after election.

Comments, criticism or work of civil society is measured in a very narrow lane of either being a Cord or a Jubilee supporter or a gun for hire.

A simple news post online boils down to Cord/Jubilee insults often laced by stereotype tribal insults. Fellow taken as under-class citizens and activists are often labeled traitors, betrayers and reminded that elections are over and they should move on.

It’s very crucial to hold the current government to account especially in delivering campaign promises and manifestoes and not every critic is a Cord critic or is betraying Kenya, which is sadly mistaken for Jubilee and Uhuru.

From a personal point of view since I have worked as an activist civil society doesn’t want to fix the president. I worked with a Naivasha based youth movement funded by US which was implementing peace and civic education.

Getting grant was purely based on project viability, objectivity and political neutrality and I even went to US for training and not once was I asked to participate in any scheme to overthrow my government or fix anybody in the political circles.

Civil society has taken a key role in changing the country in the second liberation and the West we so much abhor was key in bringing change with most dissidents seeking refugee there and like US Ambassador Smith Hempstone who a key figure against president Moi tyranny.

Uhuru acceptance

The president assumed leadership in full cognizance that he carried personal liabilities, weaknesses that will occasionally if not always impinge on execution of his state duties. He has even accepted that severally on national television.

But his supporters’ overzealous support bordering on ignorance, propaganda and fallacies are pressing the president to dump his personal liabilities on the shoulders of Kenyans who are already sagging with heavy burdens.

This has so far done Kenya as a country a great injustice by demonizing every criticism directed to the government.

(The writer Gideon Kubai is the founder and program coordinator for ‘Vijana na Mageuzi Initiative’ and is a grandson of the late freedom fighter Fred Kubai)

Raila Odinga's Statement On The Judgement of The Supreme Court

STATEMENT OF THE RT. HON RAILA A. ODINGA ON THE JUDGEMENT OF THE SUPREME COURT

29thMarch, 2013

Fellow Kenyans,
...
Members of the media,

Ladies and gentlemen,

Good afternoon,

You will recall that on 9th March 2013, I issued a statement on the conduct of the elections which had just been concluded.

I expressed my deep gratitude to all Kenyans who had turned out massively to exercise their democratic rights to vote and elect their leaders.

I however expressed my dismay that contrary to the expectations of Kenyans, we witnessed the failure of virtually every instrument the IEBC had deployed to ensure free, fair and transparent elections.

I outlined such failures, with concrete examples of the anomalies that all of us witnessed. It was clear that the constitutionally sanctioned process of electing new leaders had been thwarted again by another tainted election. Democracy was on trial in Kenya.

But that has not dented my commitment to constitutionalism and the rule of law.

Enforcing the spirit and letter of the constitution remains the only sure way to peace and prosperity for our young democracy.

My decision to file a petition in the Supreme Court to challenge the validity of the election was a testament of my faith in the independence of our judiciary.

We did so for the sake of our democracy and for the sake of all Kenyans who wanted to exercise their constitutional right to elect their leaders through free and fair election.

We were joined in this endeavour by Africog, which separately filed a petition seeking to nullify the fourth of March Presidential election.

This proves that my petition had nothing to do with personal grudge as contended by the IEBC, Hon Uhuru Kenyatta and Hon William Ruto.

In the petition, I expressed our belief that the court would uphold the letter and spirit of our constitution. I pledged to abide by the court decision.

We prosecuted the case to the best of our ability.

Our legal team, led by Senior Counsel George Oraro compiled formidable and logical evidence showing that massive malpractices occurred during the elections.

We unearthed evidence of technology failure that required a full audit, inappropriate conduct on the part of IEBC staff, irregular and unethical arrangements such as the sharing of servers by IEBC with a competitor and unmarked registers.

We regret that the court disallowed evidence on the grounds that it was either filed late or the court did not have time to inquire into these discrepancies. In the end, Kenyans lost their right to know what indeed happened.

Ladies and gentlemen,

The court has now spoken. Article 140 of our constitution states that “the Supreme Court shall hear and determine the petition and its decision is final.”

Although we may not agree with some of its findings, and despite all the anomalies we have pointed out, our belief in constitutionalism remains supreme.

Casting doubt on the judgment of the court could lead to higher political and economic uncertainty, and make it more difficult for our country to move forward.

We must soldier on in our resolve to reform our politics and institutions. Respect for the supremacy of the constitution in resolving disputes between fellow citizens is the surest foundation of our democratic society.

And the courts should always act within the evolving constitutional culture.

I and my brother and running mate Hon Kalonzo have no regrets for taking our case to court.

Indeed, it is our view that this court process is yet another milestone in our long road towards democracy for which we have fought so long.

Truth, justice and the faithful implementation of the constitution is our best guarantee to peace and security.

Ladies and gentlemen,

It is my hope that the incoming government will have fidelity to our constitution, and implement it to the letter for the betterment of our people. I wish president –elect Uhuru Kenyatta and deputy President elect William Ruto best of luck in this endeavour.

I also wish all the Senators, Members of Parliament, Women Representatives, Governors and others who were elected in the last election success in discharging the expectations of our people.

I want to thank Senior Counsel George Oraro and the members of his legal team for their hard work and devotion in the quest for justice. I would also like to pay special tribute to the Africog legal team led by Kethi Kilonzo for their immense contribution to the rule of law and democracy.

To the Kenyans who supported us and our petition, I want to assure you that I will continue to work for you and with you to build our county, Kenya, and to help you achieve your dreams.

My actions have always been guided by my desire to bring about a better life for all Kenyans, particularly those who are less privileged. The future of Kenya is bright. Let us not allow the elections to divide us. Let us re-unite as a Nation.

Finally, I call on all Kenyans– our supporters and opponents alike – to remember the sacred words of our National Anthem: Justice be our shield and defender;

Thank You and God Bless Kenya.

Chief Justice's Statement on Judges' Security and Elections

Fellow Kenyans,

I have called this press conference to inform the country of two separate but significant events that have occurred in the past one week. I have considered the possible implications of this public statement, but concluded that given the history of this country, such a public disclosure is warranted, necessary, and proper. This statement does not seek to cause alarm but to strengthen the resolve of each and every Kenyan to protect our Constitution, secure our transition, and affirm our future.

On Monday, February 18, 2013, as I was sitting in the Judicial Service Commission interviews for the recruitment of the Deputy Chief Justice, my office received a poison-pen letter from the Mungiki Veterans Group/Kenya Sovereignty Defence Squad. The letter, which was dated Wednesday, February 13, 2013, makes all manner of threats against the Judges, ambassadors and my person. It warns against an adversarial ruling on the Presidential and Deputy Presidential candidacy of Uhuru Kenyatta and William Ruto. The letter extols the violent ‘exploits’ of the Mungiki movement and threatens dire consequences.

This letter was posted only a day before my departure to Dar es Salaam, Tanzania, where I had been invited by the Tanzanian Constitution Review Commission to a one-day event to share my thoughts and experiences on Kenya's constitutional experience. I was stopped at the Jomo Kenyatta International Airport (JKIA) by an Immigration Officer, who insisted that I could not travel because I had not been cleared by Mr. Francis Kimemia, the Permanent Secretary, Head of the Public Service, and Secretary to the Cabinet. I told the official that there is no constitutional, statutory, or policy basis or requirement that provided for the Chief Justice of the Republic to seek clearance to travel from the Head of Civil Service or anybody.

Further, the said Circular that he was invoking to make this illegal demand and decision did not -- rightly so -- even have the Chief Justice listed among the Public Officials on it. It requires quite some courage, ignorance, or political patronage or a combination of all three for an Immigration officer, on his own motion, to summon the confidence to stop a Chief Justice from traveling, particularly in the face of a nonexistent circular! After much haggling, I did eventually travel. The Immigration Shift Supervisor kept insisting that they were awaiting instructions. However, I still find the insistence on permission from Mr Kimemia bizarre to say the least. Even more baffling was that the Chief Registrar of the Judiciary received a purported ‘Clearance to travel”letter by Mr. Kimemia dated February 14, stating ‘..it has been noted the Chief Justice is travelling to Dar es Salaam, Tanzania’.

Upon landing in Dar es Salaam, I received a telephone call from the Director General of the National Intelligence Service, Major-General Michael Gichangi, apologizing for the 'small hiccup' at the airport. I told the DG that a Chief Justice being gratuitously stopped by anybody from traveling cannot fit the definition of a small hiccup, however generous one may want to be. It has never happened on any of my numerous previous trips. I have, therefore, concluded that this is deliberate harassment; and whereas I was keen to have this resolved bureaucratically, I am convinced it is political, and public accountability requires that I make it public.

These two incidents evidence a pattern of emerging harassment against my person, the Office of the Chief Justice, and the Judiciary -- especially since no fewer than five (5) Judges have been attacked in the recent past, with some involving gun incidence – as we head into the elections.

I, therefore, wish to state as follows:

1. Kenyans have invested heavily in this country's democratization, and this investment has resulted in a new Constitution. This Constitution must be protected and guarded jealously. Threats and intimidation of this nature against the Chief Justice, judges, or any other Kenyan or individual must be resisted actively, and rejected resolutely. I have given most of my life to a better Kenya and if taking it is what will be required to consolidate and secure our democratic gains in this election, or even thereafter, that is a price I am not afraid to pay.

2. I have invested heavily in the past one and a half years in creating a new Judiciary. I have repeatedly given my pledge to the country that the Judiciary will not flinch in interpreting the Constitution as is required, a task we have executed very well. For the 2013 General Election, we have done sufficient ground work to handle both pre- and post-election matters in accordance with the law. On February 28, 2013, we shall hold a special session with all judges of the High Court to give Kenyans a final statement on our preparedness. Therefore, candidates or their supporters -- real or claimed -- should not panic. We shall decide all cases independently, and with scrupulous fidelity to the Constitution and the law. Let no individual, group, candidate, or supporter imagine that cowardly and darkly acts such as these will cower us. We have seen and overcome worse, and we will all soldier on for this country. None will be held hostage by a cabal of retrogrades.

3. The Judiciary has, in a private correspondence, communicated to Mr. Kimemia as to the legal position on the matter of the 'small hiccup' to ensure it never occurs again.

4. I believe that Kenyan security agencies, unless they willfully neglect or refuse to, have the capacity and resources to investigate the sources and partnerships of this threatening letter. To this end, I have this morning sent the letter to the Inspector General of Police, the Director of the Criminal Investigations Department, Director of the National Intelligence Service, and the Director of Public Prosecutions to investigate this matter and give the country a progress report. I am also asking the Inspector General of Police to take the necessary steps to enhance the security of judges and other judicial officers at this time.

5. If anybody, any candidate, any party, any agency, or any other actor thinks that it will bend the ear, mind and resolve of this Chief Justice to do anything that is unconstitutional or illegal, then they are mistaken. On any matter that will come before me or the Supreme Court, I and the Court shall operate strictly within the confines of the Constitution. Intimidation and threats are uninvited guests and will not be hosted in the execution of our mandate.

6. The political class must choose whether, either through direct pronouncements or suggestive behaviour, they want a peaceful, democratic and fair election free from the ring of rigging and intimidation, or whether they want to put the country on a path of violence. Whatever choice the political class and leadership makes, they must remain aware that ultimately, the people of Kenya and the rule of law will triumph. The Judiciary is playing its part in protecting and upholding the Constitution; let Kenyans also do their part.
7. I appeal to Kenyans to hold a peaceful election. It is only by so doing that we shall silence these dark forces of retrogression and also advance our constitutional and democratic promise. My fellow Kenyans, with confidence and tribute to the nation, go and vote for our Constitution. It is the only way to reject those who threaten and proclaim violence as a false choice.

Thank you.

Hon. Dr. Willy Mutunga, D. Jur., SC, EGH
Chief Justice/ President, Supreme Court of Kenya

Assassination of Kenya Prime Minister Raila Odinga? give me a Break!!!

Come Saturday, Valentine’s Day my mood was sky high. I was feeling good. I had managed to secure a paltry 40 bob for the newspaper to avoid the queue at Berna’s barber shop.

I could’ve bought the newspaper were it not for the headline which fouled my mood and my Valentine day. Somebody (obviously not named) wanted to kill your premiership the only one ushered in the grand coalition, or something of that sort signed into being on 28th February last year.

Through a telephone interview the ministry of defence said it was in high alert. Some cloudy source said all police stations in the capital were in alert to protect a guy with 700million office and security detail.

I give it to our police; their strict vigilance could not locate youngmen lost in the doodle of police records. At least the premier of the grand coalition government was safe.

I left the newspaper stand, least said without a paper. I thought of Kahawa ya Jamii to uplift my mood. Solace never followed, all around bar men animatedly of how Baba Castro, his premiership of cause, escaped many death threats. Facts and dates flared as inept speakers, most willing to hear themselves talk dumpen my spirit further.

Yet again somebody is trying to kill Raila Odinga. Yet again the incident is all news worthy. Yet again most people don’t grasp the politics behind the scheme.

Yet again.

Yet again I felt retched by the all idea.

The Machiavellian tactic of deflecting attention I terribly need a break. Jesus, somebody wants to kill Raila Odinga, again. At this time when Raila terribly needs to save his face.

The grand coalition is in a cess pit. A man made famine is killing Kenyans Raila and agriculture minister William Ruto cant place where the missing sacks are. His son Fidel Castro is implicated in illegal selling oil bringing a shortage in the country.

To add pepper on sour wound the motion to start a local tribunal, a basis of formation of the grand coalition was terribly flawed. Raila and Kibaki misguided thinking it was still the Nyayo error when powerful politicians in parliament could sway voting outcome.

The question many saw and overlooked including political pundits was the involvement of Francis Muthaura who wrote letters to government Mps to rally behind the motion. Why did Raila let Muthaura carry out his duties?
With Raila’s face covered in mud a deflection is terribly needed. Nothing fits better roger this:

Once when the orange fruit was whole and many many tribal chiefs wanted a bite there was a man called Raila Amollo Odinga, a slip of pen please, the honorable of course. These tribal chiefs appointed themselves the speakers of their tribes. The tribal chiefs claimed of their undying interest to their hearts and marrow of their bones.

Their interest was further promised in their untaxed salaries and exclusive members only clubs where they hibernate till elections. These tribal chief shunned tribalism in rallies attended by their tribes. All Kenyans were to be united, so they said. Before and after the post-election.

Confusing, amid the unity the orange, ODM was later split. One took a K after the name and their symbols changed. But my readers need not worry about them for they are all under one roof; grand coalition and they purpose to be united (phew!)

The otiose tribal chiefs; Musalia Mudavadi, Uhuru Kenyatta, Kalonzo Musyoka, William Ruto, Najib Balala, Rajput Umar, Julia Ojiambo, Nyaga and Raila could not solve the conflict by simple arithmetic. Simply they could have stated what to do with the orange. Make juice or eat it raw. Plant the seeds or use the peels to make cake. Many more uses.

Sell it or bury the certificate in a backyard. Anything.

The politicians and their secretariats could not solve this bigger crisis than who won the 07 elections

Odinga, no Hon. please for a pen may luck ink but its still a pen, had these very brilliant idea. The representative of cosmopolitan Langata constituency, alleged to represent a tribe from Nyanza which wont be named for tribal reasons proposed a nontribal meeting far away from tribal forces. England.

Very brilliant, on a dimmer glare though the other tribal leaders never saw the ray. But Raila saw clearly past 2007 through vision 2030 and went alone. The move augured negatively, the orange started losing taste. Some bigots developed a taste for other fruits and a hummer, a tool.

In addition the Steadman polls looked grim on baba Castro. Nagging questions of whether pastor Deya financed the trip soared. Political pundits without tribal twist savored the moment with miracle baby and human trafficking saga thrown in.

On return, journalists wanted to asked questions about the trip. Interestingly instead they fell pen on paper for an automobile, Hummer.

Before you could say oil scandal the vehicle was christened Umvee and H something. ‘Celebrities’ placed orders.

Rating for radio shows were gauged from competitions for free hummer rides. Columnist with dead-resurrected skills on motoring gave the hummer features and placed the amount at whopping 45million.

The all country including opinion leaders were swayed. But dissents never cease. I found someone not in the bandwagon. Katiambo D. a media scholar at Maseno University teaching media content and political communication summed the haze thus:

“the whole country was swayed. One man, a politician, determined the editorial content of the mass media. The content of the mass media was controlled by a shrewd politician and his piece of automobile.”

Craftily important questions were deflected and free advertisement achieved because for every article on hummer Odinga’s name featured.

Come the Arturs, exit journalist. Machiavellian tactic of knowing your enemy moves and weaknesses and when to strike was employed by Raila on artur brothers’ saga.

Although Kenyans have a short memory like forgetting about corrupt deals, some don’t forget easily. A strong fish they say swim against the current. These Kenyans read between lines and airwaves to know a gimmick.

Quickest way to make an item newsworthy is by shrouding it with mystery. Nothing sells faster in news like unnamed sources closer to an item giving tit bits. They call it exclusivity (phew!)

The brothers were sensationally called mercenaries. The culmination was the raid of standard by ‘some hooded pale skin guys with funny accents’
The political engineer got a perfect chance.

With the uncanny ability to hold five mikes while entertaining a crowd the media was shelved away in media freedom mantra. Wonder where ODM was when the controversial media bill was passed.

The idea that the Arturs wanted to assassinate him gave Raila a free advertisement as the government was literary got pants down. After the dust settled Raila flatly refused to appear before a commission of inquiry.
During the news frenzy in the hall where I was watching only two people grasp the impact. The Arturs were stale when they left the country and Raila was tired of the joy ride.

The first person was I, the second was Raila Odinga.

With a pinch of salt
Yet again, when unnamed sources claim assassination of Raila I retch. May the prime minster look somewhere for a scapegoat.

The maize stolen from government silos should be accounted for. The triton saga solved.

The speed to which police responded to the saga should be reflected in search of youths lost in police dungeons.

Ati somebody wants to kill Raila? With hunger and oil shortage who gives a hoot!!!!!!!