Showing posts with label Supreme Court. Show all posts
Showing posts with label Supreme Court. Show all posts

Tuesday, October 8, 2013

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)

Sunday, March 31, 2013

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.