Supreme Court of Kenya: Election Petition No. 1. of 2017 – “Determination of Petition without reasons” (01.09.2017)

Supreme Court Justice Njoki Ndungu on Election Petition Ruling No. 1. – “Summerised Dissenting Opinion of Njoki Ndungu SCJ” (01.09.2017)

Supreme Court Justice Ojwang on Election Petition Ruling No. 1. – “Summerised Dissenting Opinion of Ojwang SCJ” (01.09.2017)

Opinion: Post Supreme Court ruling – The International Elections Observer’s statements show their blatant disregard of the public will concerning the Kenyan Presidential Election 2017!

I just have to this, it is sad but I have to. After the Supreme Court nullified the elections and the world had told Raila Odinga, no problem that you lose, just give up and let the Jubilee win. That is initially what Kenyan Press and what the international election observers said, as they praise the Independent Electoral and Boundaries Commission (IEBC) said the process was adorable and they wished it that it was their own baby. However, today it is verified by the judgement by Supreme Court of Kenya, which the Presidential Election has to be done again within 60 days. This is baffling considering the praise and the international words to National Super Alliance (NASA). That is why I have to show some quotes from these statements and report, so that the 20/20 hindsight can show their disregard of the public will and justice for each and single ballot. This cannot be dismissed, since this is also public and the organizations wants to be friendly with Uhuru Kenyatta and Jubilee. Look!

IGAD: “IGAD EOM has observed the process of the opening of polling stations, the tallying and counting at the same polling stations of the presidential vote. Based on what it has been able to observe, the IGAD EOM preliminary conclusion is that the general elections were conducted in a peaceful, orderly, and transparent manner and in accordance with the Constitution and the laws of the Republic of Kenya. IGAD calls on all political parties and candidates to respect the will of the people of Kenya and to refrain from any act that might be of disruptive nature to the peace and stability of the country” (IGAD ELECTION OBSERVER MISSION – TO THE GENERAL ELECTIONS IN THE REPUBLIC OF KENYA – 9th August 2017, Nairobi, Kenya).

EAC: “The EAC Observer Mission would like to congratulate the people of Kenya for conducting a peaceful electoral process thus far. The Mission commends the IEBC for their professional conduct and the security agencies for ensuring that overall law and order prevailed throughout the electoral process observed. The Mission is gratified to see that isolated incidents and late opening of stations in some areas did not overshadow the peaceful conduct of the elections. As we are releasing this statement, collation and transmission of results is still ongoing in some parts of the country. The Mission hopes that the same atmosphere will prevail during the remaining stages of the electoral process” (THE EAST AFRICAN COMMUNITY ELECTION OBSERVER MISSION TO THE 8 AUGUST 2017 GENERAL ELECTIONS IN THE REPUBLIC OF KENYA, 10.08.2017).

Carter Center: “While the Kenyan people have spoken at the ballot box, the electoral process is still ongoing as the Independent Electoral and Boundaries Commission (IEBC) continues to tabulate and finalize results. Until official results are announced, it is critical that all parties and candidates refrain from making declarations about the results” (…) “In light of these problems, the IEBC issued a statement on Aug. 9 calling for patience while the tallying process continued. In addition, the IEBC stated that the presidential results reported on the website were unofficial – the official results are those tallied at the constituencies. Citing complaints about the electronic results transmission system and other problems, opposition candidate Raila Odinga said that the tally of results at the national tally center was not legitimate and that he would not accept unsubstantiated results. Coupled with the trouble experienced in data transmission, these statements resulted in increased tension among his supporters and created concerns about a threat of violence in some areas of the country” (…) “The IEBC’s tabulation process, if fully implemented, allows for a high level of transparency and accountability. The IEBC should continue to collect and publish results transparently until the process is concluded, so that the overall integrity of the process can be verified. In addition, all parties and their agents should enjoy full access to the IEBC’s tallying processes at all levels so that any discrepancies can be reviewed and discovered” (Carter Center Preliminary Statement on the 2017 Kenyan Election, 10.08.2017).

These are some of the statements in the aftermath of 8th August 2017, after the polls and beginning of the counting. The striking similarities is evident and that the Election Observers, if they we’re either IGAD, EAC or Carter Center (USA), they saw most of the same and that they didn’t want to touch the hot-potato. They kept silent and instead praised the peace, but not the initial transparency. They did not entail the real issues of counting and tally process, which now been seen as so fraudulent, that the Supreme Court has nullified the IEBC process. With that in mind. Reading these statements today shows the placed arrogance and election tourism done by observers. Instead of writing this, they should have water-skiing in Mombasa or gone hiking at Mount Kenya. This here is insulting now. That IGAD commends the IEBC, that means that IGAD will proclaim anyone, as long as it is member state. EAC will do the same and without any doubt. Carter Center will stand by the process, because the belief in it, even when in doubt. That because the Carter Center rather stop violence, than getting justice served, therefore addressing Odinga directly in their statement.

Now that within 60 days before next Presidential polls, the Election Observers better stay home, their legitimacy is also shattered. Not only the IEBC, but also IGAD, EAC and Carter Center, better be home and not away. They have no insights or understanding of the fraud and the rigging. If not they looked the other way and praised the elections for peace, but not for procedure or justice. That is devastating, but also the mere fact. The days ahead and the new plans to hold elections will come. There will be some foreign election observer’s mission, but they have to be honest and not lie like last time. We cannot handle to see that again. You can lie once, and get away with it. However, not twice, because then it is a pattern and your devious ways are displayed. Peace.

Opinion: The long walk for Odinga continues, as it is still hope for him to reach Canaan!

There has been doubts and with history in mind, there is enough justification. There is enough burned down bridges, which has now disappeared into hopelessness, but today there was something significant that appeared. The Supreme Court of Kenya annulled the fraudulent and fake tally of the Presidential Election and the result giving incumbent President Uhuru Kenyatta a second term. Surely, the ones celebrating and honoring the man must feel foolish today, especially the likes of Pierre Nkurunziza who has celebrated Kenyatta twice in August.

Well, the Jubilee and the Independent Electoral and Boundaries Commission (IEBC) must feel heartbroken today; the token of their misfortune, the level of electoral fraud was verified. The results that gave the President another go, was not up to the level of the Constitution and the laws for elections. This must be a defeat and a victory for justice.

That the National Super Alliance (NASA) can celebrate today is so right, the reports given to the Supreme Court of activity without any consideration of the implications, shows by all errors and planned rigging that the Jubilee and Kenyatta was bound to win. The numbers, the systematic operations of forging forms and numbers on the public portal, was in question early on and is now proven to be true.

The questions of hacking, of illegal operations that was made to count in favor of Jubilee, is now also open to the market. It is not talk anymore, but verified by court. The petition victory has signaled that James Orengo and the NASA team was right. There was many grave issues and insults to democracy, to the public and their votes. The ballots was not counted and taken care of, they were insulted and extended grave misconduct in favor of Kenyatta.

This has now been overturned and give way to new polls within 60 days. Hope someone trustworthy and someone who has the capacity to run sufficient elections can run it. Someone who want to be transparent and Nobel in request of justice for every ballot. What is worse is that all international observers was saying that the elections was free and fair. However, the national and own republic’s Supreme Court said that was a lie today. The ones that was in Kenya in August, had better not arrive back in October, there lies has now been proven to the whole world.

We can only hope the just results and the ballots are respected in the second round K.O. That also Odinga who didn’t cheat gets his chance of getting to Canaan. The respect of the voters and their ballot is vital. That didn’t happen at the first round of Presidential Election in August 2017. I hope that that can happen now. There are many questions remaining, who ordered the results and who would really enjoy spoils, other than Kenyatta and his Party. Who would earn fortunes on the blatantly disregard of the people’s will?

Because they should pay for the forged attempt of thieving the republic! The victory might be in vain, if the same sort of people get to put their cards into play in the second round. We got to hope, but even as the deck is stacked on the table. There are still to this day enough actors at play, who can forge and play foul. When they have already tried once, they might try twice, especially if they do not pay for their acts against the law. Peace.

Kenya: Presidential Election Petition – “Form 34C and 34B Verification Report”

Kenya Presidential Petition No. 1. – “Report of ICT Access/ Audit Report” (August 2017)

Kenya: NEMA – “Enforcement of the Ban on Plastic Bags-Drop-Off Points” (29.08.2017)

Opinion: Ambassador Mahboub Maalim in an interview states the IGAD failure in South Sudan and why!

The Intergovernmental Authority on Development (IGAD) have been in-charge and had a pivotal role in the peacemaking in South Sudan. Not that it has stopped the civil-war that has escalated since June 2016. The Sudanese People’s Liberation Movement/Army (SPLM/A) and Sudanese People’s Liberation Movement/Army In-Opposition (SPLM/A-IO), also between more rebel fractions inside the Republic, as the Ugandans are trying to enforce unite inside the SPLM. This as there are different states that the rebels and opposition have been strong, while the United Nations Mission in South Sudan (UNMISS) has not had the leadership to secure the Protection of Civilians sites in the Republic. Therefore, the interview of Mahboub Maalim of IGAD in New Vision was exposing something dire. Take a look!

Ambassador Mahboub Maalim on IGAD:

First of all, I am an employee of President Kiir, among other presidents. So, to ask me what I can tell him, is like asking your house helper to tell you to change something in your house. But this is on a light note. President Kiir has been told a lot by his compatriots, heads of state from the region and African Union (AU), and those in the international community circles. People know that the South Sudanese do not have to continue dying after having achieved what they fought for. The situation in South Sudan is very unfortunate, and like you have said, IGAD has done a lot to try to stay on top of it. Recently, the heads of state of IGAD appointed a special IGAD envoy for South Sudan. Hopefully, we will see a lot of changes in the run-up to the operationalisation of the peace agreement in South Sudan” (…) “If the people in South Sudan are saying that we have failed them, I would not get surprised. If I was in their shoes, I would say the same. If I was like them, sitting in a sewage-logged UN camp in my own country, I would feel the same. But just to encourage them, IGAD has tried very much to ameliorate the problems in South Sudan since the problems started in 2013. In 2014, IGAD heads of state had a special meeting to just discuss South Sudan. It has never happened in our history that over 14 heads of state convene to discuss one subject. South Sudan is at the heart of everybody. Of course, whether this will be solved today or tomorrow depends on the goodwill of the South Sudanese themselves” (Lumu, 2017).

That the Ambassador said one vital thing, that he could not push the member states around. Since he could not tell what was wrong in someones else house, like to President Salva Kiir Mayardiit and his South Sudan. The Ambassador also wasn’t shocked if the they felt the IGAD had failed. They have really failed since ARCISS (Agreement for a Resolution of the Conflict in South Sudan, Agreement on the Resolution of the Conflict in the Republic of South Sudan, 2015). Doesn’t seem to be revived or anywhere near being fulfilled.

President Kiir and Dr. Riek Machar of SPLM/A-IO are really battling for supremacy. Together with all the deflectors and deserters from both major armies that are making the situation more problematic. Since the IGAD has not made the peace-agreement work, nor had the capacity to make a successful negotiations between all parties. The South Sudanese should feel betrayed, when the Ambassador Mahboub Maalim are saying: “I am an employee of President Kiir, among other presidents. So, to ask me what I can tell him, is like asking your house helper to tell you to change something in your house”.

So it is not like the IGAD wants to rock the boat, as it is an entity respecting its member states and their direct leadership. Peace.

Reference:

Lumu, David – ‘IGAD boss applauds Uganda on South Sudan’ (23.08.2017) – New Vision Article

Kenya: The County Government of Nandi has made the following changes (28.08.2017)