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.

Why TNA, ODM two horse race will lock out reform in Kenya

By Murimi Mwangi

The two-horse-race cliché has dominated the presidential campaigns. The ODM team has already bestowed the reform tag on their horse and is rubbishing the G7 horse as a wagon of conformists of impunity.

However, this reformism-conformism gimmick is a lyric that the public must ignore since riders of both horses have a history of being merchants of impunity and none of them qualifies the title of a true reformist.    

For starters, Uhuru Kenyatta has over history dirtied himself with the muck of impunity due to his relationship with all the post independent governments. He was a Moi project in 2002, despite being a political naïve then. It is widely believed that Uhuru never joined politics to serve the interest of the wide citizenry but to protect members of the elite class that had illegally amassed wealth during the Kenyatta and Moi regimes.

The unprecedented merger of KANU and other pro-Kibaki parties in 2007 into PNU was a deliberate attempt by Uhuru to remain politically relevant after his untenable loss to Kibaki in 2002. He did this with the hope of in inheriting the kikuyu chiefdom from Kibaki, which he has dully achieved despite having serious crimes against humanity in The Hague!

His rival horse rider, Raila Odinga’s credentials of reformism are pegged on his 7 years detention by president Moi, his vigorous campaign against the insubstantial 2005 constitution and eventually his efforts in acquisition of the new constitution. Ironically, Uhuru also rejected the 2005 draft and campaigned for the 2010 constitution alongside Raila. So why does Raila qualify to be a reformist for the same things that the alleged impunity-conformist also did?

Raila has also been acclaimed for his momentous role in bringing the lakeside nation into the Narc coalition of 2002 that trounced the 24 years of the despotic Kanu regime.

However, Miguna Miguna, in his memoir peeling back the mask claims that prior to Raila’s  historical pronouncement, ‘Kibaki Tosha’, he was just from signing an MOU endorsing Nyachae’s presidential bid. This is a clear indicator of a wavering politician; an allegation that has also been confirmed by his former head of protocol Tony Gachoka.

Raila’s campaign strategy in the 2007 election to date still encapsulates serious suspicion. Muted allegations that he conducted the campaign based on a concealed agenda of 41 tribes against 1 (that fuelled the 2008 chaos), is a serious negatron of his alleged reformism.

Additionally, his occasional doublespeak on national matters also portrays a leader without a clear stand. In parliament he says MRC is a prescribed gang but at the Coast he has the guts to say that the armed hooligans wrecking havoc there can come to a round table with him and discuss peace!

At one time he says that ICC suspects should be locked up in Kamiti Maximum prison, but later on we hear he is in serious coalition talks with Ruto, one of the ICC suspects.

Paradoxically, both Uhuru and Raila claim that they would fast track the full implementation of the constitution upon election.  However, for Uhuru to be given the green light to even contest the presidency a flawed integrity bill mutilating chapter 6 of the constitution has to be effected- that tells a lot about what would be his style of constitution implementation.

Raila’s promise of speedily implementing the constitution also sounds ridiculous. On one hand he wants to forge an alliance with Ruto, yet that can’t happen unless the integrity Bill is blemished to allow Ruto into the arena. Additionally, how will Raila Marshall his government to implement the constitution if he brings aboard Ruto who captained the rejection of the draft by the Kalenjin nation?

A true reformist is an indefatigable leader that not only stands by a single voice but who also walks their talk.

However, none of the two horses prognosticated as key contenders for the presidency pass the test of reformism! Perhaps we should select among the rest who have been discarded as insignificant by the polls.

The writer is a communication and media student at Maseno university wilsonmurimi@yahoo.com 

Why fanatical support for TNA, ODM will lock out key candidates in Kikuyu, Luo area respectively

PM Raila Odinga and DPM Uhuru Kenyatta, both with their ODM and TNA parties are tribal chieftains in Luo and Kikuyu tribes respectively.

By Mwangi Wilson Murimi

I was drinking recently in a bar with a Luhya friend when our discussion took a political detour. Somewhere in the course of our conversation, I heard him mention that Kikuyus and Luos would be to blame in event that Kenya elects an inefficacious president.

I sought to know why my tribe and our lakeside brothers and sisters would carry the blame for such a national disaster. In response he said that the arrogance of the Kikuyu and Luo nations had brought the predicament of hopelessness that now stares the nation in the eye.

He told me that the Agikuyu have two of the best presidential candidates but the larger kikuyu populace has unanimously thrown their weight behind the pinnacle of kikuyu elite impunity by endorsing Uhuru Kenyatta.

According to my Luhya friend, Peter Kenneth and Martha Karua are two of the best presidential candidates for the country but the Kikuyus have refused to elevate either of the two to the Kikuyu Chiefdom, which would have automatically boosted their election to statehouse since they enjoy support across the Kenyan tribal divide.

Back in my home county of Kirinyaga where one of the presidential candidates, Martha Karua hails from, there is a general displeasure among the locals that one of their daughters has sought the presidential vote in clear disregard of the Son of Jomo whom they have already anointed president.

The general feeling there is that Martha Karua would do the country more good if she contested the Gichugu parliamentary seat or the Kirinyaga County senatorship, rather than heralding herself to political oblivion by fighting a losing battle.

The story is the same for Peter Kenneth whom the entire nation acclaims for his track record of development in his Gatanga constituency. Majority of his constituents have already endorsed him as the most preferred candidate for the Murang’a County Governorship, though they have shortsighted his presidential bid.

When Rafael Tuju was the MP for Rarieda he went to the history books of Nyanza as one of the best parliamentarians that Rariedans had ever elected. In just five years his development record was speaking for itself. Tables only turned against him when he vied his reelection on a PNU ticket, something unheard of in Nyanza.

Nothing in the world seems to convince even the Rariedans to even vote him in as MP unless he endorses Raila Odinga for the presidency, let alone his attempt to feature in the presidential ballot paper.

The case was the same with former Tetu MP and Noble Peace winner who lost her seat because she couldn't stand the wave of Kibaki's popularity and her continous call against corruption and nepotism in the government.

As I resumed drinking with another sip of my beer I realized that my Luhya friend actually had a point. If either Martha Karua or Peter Kenneth got the endorsement of the Kikuyus and Tuju got the nod of the Luo and the two candidates went for the presidency and running mate together, Kenya would have a better president than the one we are likely to vote in next year.

But Uhuru, with his rising stakes backed by his theory of the Kikuyu martyr being persecuted at The Hague will never let Kenneth or Karua sit on his Agikuyu throne. Neither will Raila abandon his Jakom’s throne to Tuju or any other Luo.

For Uhuru it is all about protecting himself being the custodian to the loot of his dad and company, and other Kikuyu and Kalenjin elite who illegitimately amassed wealth during the Moi regime.

For Raila, relinquishing the Luo chiefdom to another Luo would take from his hands the golden opportunity he has tasted in barely 5 years of handpicking family members and entrenching them into appointive positions including his own sisters brothers and cousins.

Is there something common between Raila and Uhuru? Yes, they are both merchants of impunity. While Uhuru seeks to become the gatekeeper to ensure that only members of the House of Mumbi loot the nation, Raila will leave no stone unturned to see to it that everybody from his lineage is appointed somewhere.

Now we the Kikuyus and Luos can’t endorse the better candidates for the presidential job. So why can’t Raila and Uhuru run together? They would make a winning combination with other likeminded tribal kingpins anyway.

That way they would have their way and we would resume our complaints of ‘Serikali ifanye kitu’ as we await another election to vote in troublemakers again.

The writer studies communication and media at Maseno University wilsonmurimi@yahoo.com

Do not polarize nation against Kikuyus by By Mwangi Wilson Murimi

Wilson Murimi

The raging debate over the amicability of a third kikuyu president and the legitimacy of a kikuyu inspector-general of police is eminent but being indecently conducted.

This crucial debate has surpassed purviews of decency, not only in the mainstream media but also in the social media, to the extent that GEMA candidates for top posts are being viewed with cynical criticism.

The debate is gratuitously charging the country towards a Kikuyu-phobic attitude, which is unhealthy considering that the country is healing from the 2008 post-poll chaos.

Whereas it is true that domination of a country’s government bureaucracy and armed forces by a single community in a heterogeneous society is dangerous, it is more perilous to create a tribal rift in a nation healing from post-poll chaos.

The danger of tendering an anti-kikuyu attitude is that a repeat of 2008 chaos in 2012 will lame the country’s ailing economy owing to the fact that very many businesses in the country side are owned by Kikuyus.

I am shocked that even Omar Hassan, one of the expected panelists in the selection of the next police boss, could so imprudently display his anti-Kikuyu viewpoint yet he will be expected to be impartial during the candidates grilling exercise.

In his viewpoint that a Kikuyu should not lead the police force, Hassan created an impression that a Kikuyu’s candidature is illegitimate. It creates an impression that the grilling exercise should be veered towards eliminating Kikuyus from the police boss race! What law segregates a community from producing a police boss?

Into the bargain, this Kikuyu-phobic attitude seems to be brewing a ‘Kenyan Spring’ against the election of a Kikuyu president even if he/she captures the seat in a democratic and a constitutionally justifiable election.

Democracy might blossom in a society where the citizens are free to engage in debate on key issues, but this discourse must be done in an admissible manner without infringing into the rights of any section of the society, or messing up national unity. The way out is empowerment of the recently created electoral body so that the 2012 elections are democratic.

The writer is a communications and media student at Maseno University and a sub-editor of Equator Weekly.

Book Review; The River Between by Ngugi wa Thiong’o

Ngugi wa Thiong'o

Title: The River Between (School Edition)

Author: Ngugi wa Thiong’o

Publisher: East African Educational Publishers Ltd, 2009 (first 1965)

Genre: Fictional (Literature)

Pages: 148

Reviewer: Manuel Odeny

Waiyaki, the story’s protagonist while standing on God’s hill overlooking Mount Kirinyaga next to Kikuyu’s holy tree, the Mugumo, sees the expense ridges and valleys lying like dormant lions waiting re-awakening.

This tranquility is shattered with British colonials who bring change that places the society in a cultural dilemma of enlightenment or going back to ancestral roots, this theme of change is core in this Ngugi’s first book.

The author Ngugi wa Thiong’o skillfully narrates the effect of change through two opposing ridges which face each other like angry fighters before a clash. The first and greater is Kameno which is home to the great seer Mugo wa Kibiro who prophesized the coming of white men. Waiyaki and his father Chege are direct descendants of Mugo from this ridge.

Its rival, Makuyu embraces Christianity and white man’s way of life as lead by an overzealous preacher Joshua.

In this life and death struggle for leadership and supremacy there is a river between the two ridges defying the season of time and change. Representing the continuity of life the river between is Hanoi which Ngugi gives the book its title.

In the story, Waiyaki becomes an African elite after acquiring the white man’s education in the missionary schools which he tries to impart to the society to counter the encroachment of the white man. Makuyu’s ridge overzealous Christianity and Kameno’s conservative tribal purity of folk tradition threatens to destroy the society unity.

The author gives hope in this quagmire as the rift between the two ridges widen as the book ends in a love story. Waiyaki bound by an oath to safeguard conservative way in Kameno marries Nyambura, an impure uncircumcised girl from Makuyu whose father Joshua leads the Christians.

Meditating quietly in God’s hill after making a choice to marry Nyambura, Waiyaki observes change in the society;

“Circumcision of women was not important as a physical operation; it was what it did inside a person. It could not be stopped overnight. Patience and, above all, education, were needed. If the white man’s religion made you abandon a custom and then did not give you something else of equal value, you become lost. An attempt at resolution of the conflict would only kill you.”

This attempt makes Waiyaki to be betrayed by his two childhood friends Kinuthia and Kamau, and the all society.

The River Between is Ngugi wa Thiong’o’s first novel written in 1961 while he was a second year student in Makerere University College, Kampala Uganda, at the age of 23 years. Although published four years later after Weep Not Child (1964, Heinemann) it established Ngugi as a prolific writer.

The clarity of prose, the simple and powerful words he uses gives him magnetism as a narrator giving the reader a mirror to check the society through the novel’s characters.

This school edition which the author has changed some lines and phrases is a high school set book in Kenya. Writing the preface of the book from Irvine California where he is a don the author hopes the book will inspire young readers to write like the same way he felt challenged before independence when there were no African writers.

Ngugi is an author of several plays, essays and novels like Petals of Blood (1977) which caused his detention by the Kenyatta government, Matigari (1987) and wizard of The Crow (2006). His novels A Grain of Wheat (1967) and Devil on The Cross (1982) were voted among AFRICA’S 100 BEST BOOKS of 20^th Century.

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!!!!!!!