


Kenya High Court Order intended appeal of Odunga of the 25.10.2017 – “Suspended Judge Odunga ROs order” (25.10.2017)










Today is dark day for democracy; the Supreme Court could not come with a verdict in the contested fresh presidential election scheduled for tomorrow. The other judges did not show up to the premises. While the scheduled rally for National Super Alliance in Nairobi and Uhuru Park, might be in trouble too, as the Police has sealed off the park. In addition, there been reports of house arrests of Supreme Court judges and some just stayed home. This has all led to the prospects, that the Court Justice David Maraga could not argue the case with the needed staff and therefore, had to end it there. The ones celebrating this is the Jubilee Party and the Independent Electoral and Boundaries Commission, who are not in legal troubles, as the case wasn’t taken into consideration and process due trial today. The Judge who didn’t show up was the one was the one who had the bodyguard or driver show, who actually died on the hospital bed yesterday. Deputy Court Justice Philemena Mwilu has been house-arrested since the incident on Ngong Street yesterday.
While in the High Court Judge G.V. Odunga has ordered today as following: “1) the respondent was under a constitutional and statutory pursuant to Regulation 3(2) of the Elections (General) Regulations, 2012 to provide the list of persons proposed for appointment to political parties and independent candidates at least fourteen days prior to the proposed day of appointment to enable them make any representation. 2) The Respondent did not provide the list of persons proposed for appointment to political parties or independent candidates at least fourteen days prior to the proposed date of appointment to enable them any representation. 3) In so doing the Respondent violated Regulation 3(2) of the said Regulations as read with Articles 38 and 81 of the Constitution. 4) Since there is no prayer seeking either the cancellation of fresh elections due for 26th October, 2017 or either postponement, it would not be efficiacous to grant orders herein that manner sought” (Judge Odunga ruling in High Court, 25.10.2017).
If the High Court can establish this to effect, that the Returning Officers of the Fresh Elections was not prepared in time, this should be the final decision in the minds of the polls opening tomorrow, even if the Supreme Court case was stopped, the High Court is still final. Just as their verdicts to add in the last minutes candidates yesterday. Even if that is weird, as the dates of nominations and gazette of candidates are supposed to come in good time of a running election. So all candidates can campaign and compete.
Therefore, that the IEBC continues to prepare an election in this fashion. Is weird and dangerous, there is no legitimacy, as the state and security officials are taking over the streets. The IEBC are playing a dangerous game, the Jubilee Party too, who could inflict even more damages and more hurt on their population. Just for the fraud to be put on the streets. Today, the IEBC web page was down and we can wonder if the reconfiguration of the IEBC Portal will be in time, as well as the rest of the Result Transmission Systems, that are supposed to be in place.
The narrative and the story, as it is, are very questionable, the ones screaming coup, is understandable, as the spectrum of legitimizing this affair is all in the hands of Jubilee. The government are trying to force this election, to secure Kenyatta and Ruto another term, by any means, even scare Supreme Court Justices. There is nothing that cannot be touched by these men.
We can just imagine the next trick up their sleeve. This saga has not stopped and yet to be finalized. Peace

James Orengo: “There is no position of a deputy national returning officer in regards to presidential elections. Making tomorrow a public holiday was in anticipation of the Supreme Court sitting tomorrow” (KTN News, 24.10.2017).
You can wonder what happen to the Foreign Envoys who defended the Independent Electoral and Boundaries Commission (IEBC) yesterday. They we’re all in the room, even the EU representative was defending the changes of the IEBC, clearly that wasn’t true. As the EU Election Observation Mission for the 26th October Election is scaling down to technical mission for Results Transmission Systems and checking declaration forms. While the Commonwealth have today pulled their whole team out of the election.
This is happening as the Court Justice David Maraga are pushing for a case where they are testing the legality of the current election in the Supreme Court tomorrow. Even as the nation are planned to have public holiday on the 25th and 26th October 2017, this has been gazetted by Acting CS Fred Matiangi just recently. While that has happen someone ambushed and shot at Deputy Court Justice Philomena Mwilu and her bodyguard is now at the hospital. She was not in the car, but sends the signal of what is going on. Even, Matiangi’s house in Kisii has been put on by arsonists.
Also, Amason Kingi and Boni Khalwale has both been arrested, these haven’t had charges that comes out the public. The KTN has been blocked from airing a documentary on the killing of Chis Msando of the IEBC. Mombasa Magistrate Court is blocked by the Police there, as they preparing for the Supreme Court tomorrow. In Kisumu yesterday a Catholic Priest Father Oduor was killed, he was an outspoken father against the government for the killings done in Kisumu.
Even without caring about the amount of time it takes for nominations in the law before the polls, the IEBC has declared this today: “IEBC OFFICIALLY gazettes Cyrus Jirongo of United Democratic Party as candidate in the October 26 repeat presidential” (NationBreakingNews, 24.10.2017). And the IEBC continues their reckless drive as today they also amendment themselves with the sudden appointment of Consolata N.B. Maina as the Deputy National Returning Officer today, even if the IEBC said they gazetted her on the 27th June of 2017. All of this just happened two days ahead of polls. You can imagine why they had to hold this to the last minute and had it scheduled at this time. When they had a month and such to reform. We are allowed to be skeptic about his new found actions.
While this happen today the High Court did dismiss a case made by Pokot South MP David Pkosing, where the IEBC would have to put National Super Alliance and Presidential Candidate Raila Odinga back on the ballot, but because of case and what the NASA has done to the IEBC. They didn’t have a case to begin with, therefore it was dismissed since she had no grounds for it.
Today was also the third day of arrival of ballot paper from the printing company. This was picked up by a Kenya Airways plane and delivered on the Jomo Kenyatta International Airport (JKIA) in Nairobi. Today the Office of the Director of Public Prosecution (DPP) has warned anyone who plans to interfere or create violence during the next few days will be prosecuted and taken to court. The warning of interference and intimidation has been foretold and therefore, the DPP has had to address it. Even Communications Authority has put stern warnings of spreading hate speech and other vicious content on social media in the election period.
This has all happen as the Dr. Roselyn Akombe revelation has not been consider, as her implications of the IEBC Secretariat and also the tenders to the same companies as the 8th August 2017. There are very little different and sending CEO Ezra Chiloba away, who learned all the tricks of Ahmed Hassan Isaack. Like people have forgotten that these two worked closely together in the past. Chairman Wafula Chebukati haven’t been really promising either and his recent statements has put even more doubts of credible elections. Since the IEBC haven’t followed all the stated orders from the Supreme Court from 1st September 2017, like opening the servers who was connected to the Jubilee Party hired agent and spin-doctors Cambridge Analytica, while the revealing standards of the KIEMS of OT Morpho haven’t been well received, as they together with Safaricom agreement we’re questionable as well. There we’re nothing promising the RTS system, combined with the logging-in of Chiloba and other in the IEBC Secretariat during the counting of the ballots and results. As well as how the IEBC Portal lacked transparency and also proof of their results. There we’re even double forms and dubious ones uploaded. Very little has been promised that this will be better during the 26th October 2017. Even if Akombe has left and Chiloba is on paid leave.
Still, with all these movement and all these actions, as the elections are getting nearer. The Jubilee Party has not commented directly on all of this. The actions should be questioning, as the EOM are scaling down or even leaving. As the security is threaten of the people who might judge unfavorable of the ruling regime. The IEBC are clearly acting without consideration of the laws, when they even add another person on the ballot just two days ahead, as the last batch of ballots appear. I wonder, do they fix the ballots who came before the order to fit the judgment made today in the High Court.
All of the violence and arrests. Combined with the killings of even an outspoken priest. Show there are no stone left turned to secure the Jubilee victory, they will cheat and rig to win. But unless there happens a deep killing of CJ Maraga and his people tomorrow as the Courts are opening. If not the Police are blocking the entrance of the Supreme Court. So that they don’t get in.
No signs sends today is of a credible election, the sparking fear and the problematic security operations. Combined with trying to assassinate a Deputy Court Justice on the streets of Nairobi. Really sends bad signals. That the EOM has acted so glacier slow is beyond me, but they have their blind eyes and suddenly had an Epiphany and found God. Therefore, they have to into hiding and pray. Who knows why they haven’t seen all this before and though the Jubilee would give up the second term of Kenyatta simply. Uhuru Kenyatta and William Ruto are using all means, while putting no official pressure on the IEBC. That is why the Jubilee has attacked the Supreme Court and NASA since 1st September, but kept the IEBC untouched. Because they benefit them and will work for them.
There is nothing trustworthy of the 26th October elections and polls. The Returning Officers and whole system seems ready to make the results fitting Jubilee again. The Security Forces are prepared and we can just wonder what happens tomorrow. The news today has been heavy and come breaking news every hour. No rest in this manner and will be hectic tomorrow too as we can wonder what will happen if the Supreme Court validates the case and orders a new postponed elections. What will the IEBC and the Jubilee do. As they are prepared for a birthday bash for Kenyatta. Peace.





I’m a European and I am furious, I don’t care what they stand for or how they have treated this coming elections. I don’t know if they think this create peace or peaceful harmonious republic. So, their ally in fights other places stays at bay in South Sudan and Somalia. That Uhuru Kenyatta and his Jubilee stays in power, instead of actually getting a free and fair election. The credible elections on the 26th October isn’t possible.
The revelation of the now Commissioner Dr. Roselyn Akombe are telling enough, also the Internal Memos after the 1st September ruling has also shown the management ideals and possible troubles coming to Result Transmission System and the KIEMS. That the OT Morpho have even said it would struggle to reconfiguration the KIEMS System. This combined with the lacking transparency and changes inside the IEBC. Even if Ezra Chiloba is now on vacation, he was still vital in the progress for the 26th October polls. Combined that he took charge of the education of the Returning Officers. Even in the last 24 hours, the ready made returning forms for polling stations has been leaked. That combined with cars filled with pre-ticked ballots. It’s like the IEBC and the Jubilee Party knows perfectly well what they are up-to. That Wafula Chebukati had to postpone the recent meetings with all candidates, but ended up having talks with Kenyatta today. Proves where his loyalty lays and that is not surprising.
Let’ me speak my peace for a moment, the Foreign Envoy’s are the most stupid and rarest individuals appointed in their roles, if they got by nepotism or family resemblance or if they got merit. It is hard to ask, I wish they we’re rather tourists and naive brothers. Than of some who represent others and their interests. The Western Envoys who dropped a statement combined with African Union and United Nation is a disgrace. I don’t know if they are blind as bats or dumber than Forest Gump, it is hard to know at this point, but before I jump of a cliff. Let me show first an important quote from the UN/AU Joint Statement before showing the other joint statement.
“The Secretary-General of the United Nations, Antonio Guterres, and the Chairperson of the African Union Commission, Moussa Faki Mahamat, continue to closely monitor developments in Kenya, in the light of the forthcoming presidential election. Recalling the ruling of the Supreme Court of Kenya of 1 September ordering the holding of a new presidential election, the Secretary-General and the Chairperson of the Commission express the United Nations’ and African Union’s commitment to assist Kenya in ensuring a credible and transparent process and upholding the constitutional process. In this respect, they call on all stakeholders to cooperate with the Independent Electoral and Boundaries Commission (IEBC), as the constitutionally-mandated body to conduct the election” (United Nations, 2017).
“While time is now extremely brief, we again urge all parties to engage in serious dialogue with the IEBC and to cease any interference in its operation. Following the Supreme Court decision, the IEBC has made changes in personnel and procedures that address many of the concerns raised and that strengthen its technical ability to conduct an election. We urge all parties to work collaboratively and in good faith on any additional changes that will further strengthen this essential institution and allow the best possible election. We respect the right of NASA candidates Raila Odinga and Kalonzo Musyoka to withdraw their candidacies, but regret their decision. We have been engaged in efforts to find a way that will encourage them to rejoin, and continue to hope they will do so in light of the progress made at the IEBC and our shared commitment to the democratic electoral process. The new election must be carried out in accordance with the Constitution and court order, but it is vital that it be credible and be held in a competitive, peaceful, and participatory environment” (US Embassy in Kenya, 2017).
Here is my thing, with my introduction of all the flaws and indifference to the challenges, the Jubilee and the IEBC has not encourage changes since the 1st September 2017. To say so is to not reflect the reality of the Internal Memos and look a blind eye into the situation. That to me is insane and says more about the Western Envoys, than about me. They just want idle soldiers fighting wars they want to fight, but has to support. That is why they are loyal to the IEBC and hope Kenyatta gets by all means a second term. This is how it looks like by all standards.
I don’t know why United Nations collaborate with African Union and says what they do. They are right, the Constitutional right for holding is the IEBC, but to cooperate with an Electoral Body that seems fraudulent and acts insufficient with the Electoral Laws is inconsistent. Together with the massive power and control the Jubilee still has, proves the epidemic problems that is at stake. That they mention credible elections, when nothing is seemingly so, while saying they should cooperate with it is a mockery.
I am tired of the UN and AU, let me take the rest of the Western Envoys. Its like the Spongebob’s talking about brief time, but didn’t configure the lacking time for real reforms and changes inside the IEBC. They are like blissfully understanding the lack of changes of personnel and also changes of protocol, even all tenders are the same as in August Election. Therefore, what changes did the Muppeteers see? Please enlighten me, because your statement didn’t say anything profound on that matter.
That they don’t understand the pull-out of NASA, while defending and saying the IEBC has done changes is insane. They “regret” what NASA did, as if they would run or not would make it credible. That sounds more like Jubilee, then of independent minds. So they wants NASA to rejoin in manners of hours and also collude yet another time with possible gazetted nominations and the timelines that needs to figured out. That is if the IEBC are supposed to follow the rules and regulations put in the Electoral Laws. They have already breached several on the way to the 26th October election. Still, it’s all fine and dandy in eyes of the Western Envoys who praise this charade and put legitimacy of this mess.
Then they are ironically in that paragraph quote it has to follow the Constitution, but don’t have to do that if the NASA suddenly rejoin the charade of birthday party of the incumbent President. Clearly, their impartial view is now on public display. That all of these foreign diplomats put their trust in the IEBC at his point is a disgrace. They are some weasels who should educate their minds and get enlighten, instead of showing their ignorance and lack of trustworthy faith in democratic process. They are able to support again for the second time a fraud and rigged scenario. They are doing it and telling people to be slaves of the system.
Kudos you bastards, get a beer and taste the sun and move home. You have nothing to do there, if you are supporting havoc and rigging. Then you better go back to your republics and kingdoms. Where you can lie to your own, instead of lying and being disgraceful in Kenya. Peace.
Reference:
United Nations – ‘Joint Statement of the African Union and the United Nations on the forthcoming presidential election in Kenya’ (22.10.2017) link: https://www.un.org/sg/en/content/sg/statement/2017-10-22/joint-statement-african-union-and-united-nations-forthcoming
US Embassy in Kenya – ‘Statement by Ambassadors and High Commissioners in Advance of Kenya’s New Presidential Election’ (23.10.2017) link: https://ke.usembassy.gov/statement-ambassadors-high-commissioners-advance-kenyas-new-presidential-election/



