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.

FAO calls for greater international support for Uganda’s growing number of refugees (31.08.2017)

FAO Director-General visits refugee settlements in Uganda’s North.

ROME, Italy, August 31, 2017 – The FAO Director-General José Graziano da Silva called for greater funding for a sustainable response to the refugee crisis in Uganda, after concluding a visit today to refugee settlements in the country’s north.

The Director-General also reaffirmed FAO’s support to the Government of Uganda in its compassionate asylum policy under which land is allocated to refugees for shelter and cultivation.

“Uganda’s refugee model is an example to the world.  It is vital that funds be mobilized to support this effort so that refugees can provide food for themselves sooner rather than relying only on food aid, and so that refugees and their host communities can have a real opportunity to overcome hunger and poverty,” said Graziano da Silva.

“Uganda is giving not only food and land but hope,” he added.

Fastest-growing refugee crisis  
Uganda is host to the fastest-growing refugee crisis in the world. Since July last year, more than one million South Sudanese refugees have crossed into Uganda. The refugees are predominantly women and young people and come from farming or livestock herding communities.

Graziano da Silva visited two refugee settlements, Agojo and Mungula 1, in Adjumani district near Uganda’s border with South Sudan.

At Agojo, the Director-General helped distribute crop and vegetable seeds to more than 1,000 refugee and host community households. This support will enhance families’ nutrition, and generate income from the sale of any surplus.  At Mungula 1, he inaugurated a micro-irrigation project that will provide the refugee and host community households with a reliable source of water for their crops and animals.

High-level dialogue
Prior to visiting the settlements, Graziano da Silva met with Uganda’s Prime Minister Dr. Ruhakana Rugunda.

“People don’t chose voluntarily to become refugees. We have a responsibility to help our brothers by giving them hope because it’s them today, but the situation could change tomorrow,” said Dr. Rugunda.

Under a new response plan, FAO is intensifying its efforts in providing livelihood assistance to refugees and host communities. The plan focuses on food and livestock production, nutrition, protecting the environment and enhanced technical support to the Government.

The Director-General’s visit comes after the UN Secretary General called on the donor community in June to strengthen their support to the refugee response. Uganda requires around $2 billion annually for 2017-2020 to address refugee needs, and donors have so far only pledged around $358 million.

 

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

UK’s United Nations Security Council Draft Resolution sets a certain tone to the new possible mandate of AMISOM!

The United Nations Security Council (UNSC) Member State of the United Kingdom (UK), wrote a draft resolution on the African Union Mission to Somalia (AMISOM) and the operation there. The draft resolution says a lot things. But what is important is the intent of the mission and the scope of it. As if, the United Nations and the donors of the funding will uphold its core and the security operations intact. If they will continue to feed the nations of peacekeepers or wishing for another fate. That is why a Draft Resolution from the UK are important.

Here is the key quotes from resolution:

Decides to authorize the Member States of the AU to maintain the deployment of AMISOM until 31 May 2018, and to reduce the level of uniformed AMISOM personnel to a maximum level of 21,626 by 31 December 2017, to include a minimum of 1,040 AMISOM police personnel including five Formed Police Units, with a further reduction of uniformed personnel to 20,626 by 30 October 2018, unless the Security Council decides to accelerate the pace of the reduction, taking into account the capabilities of the Somali security forces thus far” (UNSC, P: 3, 2017).

Decides to authorize AMISOM to pursue the following strategic objectives:

(a) Enable the gradual handing over of security responsibilities from AMISOM to the Somali security forces contingent on abilities of the Somali security forces and political and security progress in Somalia;

(b) Reduce the threat posed by Al Shabaab and other armed opposition groups;

(c) Assist the Somali security forces to provide security for the political process at all levels as well as stabilization, reconciliation and peacebuilding in Somalia” (UNSC, P: 3, 2017).

Requests the Secretary-General to conduct a comprehensive assessment of AMISOM by 15 April 2018, working closely with the African Union and the Federal Government of Somalia, to take stock of the transition thus far including the development of Somali security institutions, and to make recommendations on the progressive transition from AMISOM to Somali security responsibility including over the electoral period, taking into account the capacities of the Somali security forces” (UNSC, P: 5-6, 2017).

This is the newest draft resolution on the AMISOM, the previous one was made on the 27th May 2017. When the United Nations Security Council voted it to extended the mission until 31st August 2017. Now that is tomorrow. Therefore, the key statements from that is:

The Security Council today decided to authorize member States of the African Union to maintain the deployment of the African Union Mission in Somalia (AMISOM) until 31 August” (…) “The Council also decided that the Mission would maintain its current maximum deployment level of 22,126 uniformed personnel. It further authorized AMISOM to take all necessary measures in carrying out its mandate” (UNSC, 2017).

So the draft wants less deployment in Somalia, the UK draft says the AMISOM will cut by 1500 soldiers. This means brigades pulled back to their republics. That being Kenyan, Ugandan or Burundian troops sent home. The other important part of it is to make reductions and assess more thoroughly the mission. As the mission of peace-building and creating a stronger Somali National Army. That the Secretary General will work on a transition away from the AMISOM. This is another state than before, because the UNSC and AMISOM has been naturally extended without any core assessment of their mission. The peacekeeping mission has been important, but will a possible leaving the Somalian Federation open doors to an uncertainty of the security situation. Since the Somalian republic has been in dire straights since the fall of Said Barre in 1970s. The time for rebuilding and not civil-war is important. The AMISOM mission has not been able to stop that even, as the Al-Shabaab has had the ability to create havoc. Therefore, the battle-zones has shifted.

This draft sets the tone of what that could be possible mandate and willing of the United Nations to support. As the Member States and the Security Council votes for tomorrow. The uncertainty and the reports from the Secretary General. And wanting the AMISOM to give more power to the Somali National Army (SNA), this is powerful shift of will. This idea to engage more directly the transition and the government of Somalia. The SNA will get more training and less deployment of the peacekeepers to make sure they can be more independent. The AMISOM will continue its mandate to 31st May 2018.

We have to see what the United Nations Security Council votes and what resolution that will be put forward. Peace.

Reference:

United Nations Security Council (UNSC) – ‘United Kingdom of Great Britain and Northern Ireland: draft resolution’ (25.08.2017)

United Nations Security Council (UNSC) – ‘Security Council Authorizes African Union to Maintain Mission’s Deployment in Somalia until 31 August, Unanimously Adopting Resolution 2355 (2017)’ (26.05.2017) link: https://www.un.org/press/en/2017/sc12843.doc.htm

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

Under-Secretary-General for Political Affairs urges Somalia to continue reconciliation and State-building process (25.08.2016)

NEW YORK, United States of America, August 25, 2017 – The United Nations Under-Secretary-General for Political Affairs, Jeffrey Feltman, visited Somalia from 24-25 August. During his visit, accompanied by the Secretary-General’s Special Representative, Michael Keating, he held discussions with the President of Somalia Mohamed Abdullahi Mohamed, Prime Minister Hassan Ali Khayre, Speakers of both Houses of Parliament, the Minister for Constitutional Affairs, the Chair of the National Independent Electoral Commission, and Special Representative of the African Union Commission Chairperson.
“The political commitment of the Federal Government of Somalia to deliver results for all Somalis is impressive” said Mr. Feltman. “These include job creation, infrastructure, fighting corruption, strengthening civil service and improving security.” He urged the Somali Government to continue addressing issues critical to successful peacebuilding and state-building processes, including the advancement and conclusion of the constitutional review process, to advance federalism in the country. Preparations must begin now to lay the groundwork for elections based on universal suffrage in 2020/2021.

Mr. Feltman emphasized the importance of strengthening accountability mechanisms to address and prevent human rights violations. “We also urge the Government of Somalia to ensure dialogue and meaningful participation of women, youth and minorities in the political and reconciliation processes,” he said.

Commending the efforts of the African Union Mission to Somalia (AMISOM) and the Somali security forces in the fight against Al-Shabaab, Mr. Feltman emphasized the need to intensify efforts to develop increasingly capable Somali security forces. This will play a key role in facilitating the transition of security responsibilities from AMISOM to the Somalis, and in achieving long-term security. “The fundamental importance of the African Union support, and the role that AMISOM plays in peace-building in Somalia cannot be overstated,” Mr. Feltman stated.

The Under-Secretary-General for Political Affairs reaffirmed the support of the United Nations to the Federal Government, along with key international partners, in implementing a viable National Security structure and a comprehensive approach to security that includes countering violent extremism and improving local governance.