Why the SCOK fucked up!

When I last wrote on the Supreme Court of Kenya justices and the ruling they had made regarding the elections, a few friends asked me to wait for their detailed ruling. I did indicate that the detailed ruling wouldn’t change much. One among them, since at the press briefing, the chief justice did say they had reached a unanimous verdict. Can anyone tell me if there was a chance in their detailed ruling they would tell us there was dissenting opinion, I guess not?

Well I am yet to get a copy of that document. When I do I will share it here so that lawyers who follow this blog can look at it and say add their two cents of opinion, since as is known world over, lawyers always have something to say.

Don’t despair though, I have just read a piece written by a constitutional lawyer, he must know more about law than I do and it is a detailed verdict on what I had expressed about the court and its justices.

He gives the following five reasons why the court fucked

  • Supreme Court’s reliance on backward looking, mean-spirited, cramped Nigerian precedent.
  • Tolerant and uncritical acceptance of the IEBC’s explanations on the voter registers.
  • Lack of clarity about IEBC’s duty to ensure that final results could be verified against provisional results.
  • The Court’s use of subsidiary legislation to limit the meaning of “votes cast,” an unambiguous phrase in the Constitution.
  • The evidential foreclosure that the Court imposes on itself by taking judicial notice of technology failures instead of treating IEBC as spurious.

The article can be found at

Verdict on Kenya’s presidential election petition: Five reasons the judgment fails the legal test

 

Kenya at 50

Friends since my last post we have had elections which as you remember I had talked about so passionately a while ago for two reasons; one regarding the choice of president and the second reason was to do with the conduct of the general populace after the voting and consequently after the tallying. On the first we tentatively have a president and I don’t like him [on that on a another post] and two you know things are really bad when friends call to congratulate for having a peaceful election not a credible one, as the one we had had been far from credible and I will at least attempt to show why.

With that introduction, I want first to educate you my friends about the history of our country as briefly as can be allowed in one post to where we are now. I ask you bear with me.

I will not cover much of the very early forages into the coastal areas by the Portuguese then the Arabs then Germans in the period of the slave trade since this I think did not affect the mainland in a big way but I felt I should mention it. We have a fort, Fort Jesus, built by the Portuguese in Mombasa in the late 1400s and is one of the attractions at the coast. When you come to visit, please find time and visit.

The history am more concerned with and that is relevant to our topic of today begins with the British protectorate. The British initially had not so much interest in Kenya since the railway line they were building from Mombasa was to take them to Uganda. Things must have changed along the way since when by the time they got to the highlands they must have decided to make it a home. What happened next was the annexation of land owned by natives who were moved to reserves and these fertile highland areas became known as white highlands. The few communities that put up resistance were ruthlessly dealt with. As you all are aware, a time comes when even the slave says to his master and this is what happened in the events leading to the declaration of emergency by the then governor. The different communities [especially the major ones] had different grievances against the colonial government and were united in fighting the good fight. Many lost their lives, others were maimed and others were jailed.

In the history books used in lower and upper primary school [at least at the time when I was in school] presented a picture that I have come to know is different from the facts as they were. It was taught that Jomo Kenyatta, the first president of the republic and prime minister was a member of the Mau Mau and that he fought alongside the greats like Dedan Kimathi and other long forgotten heroes. Well this is as far from the truth as things can get. There was a fallout immediately by those who felt that he had betrayed the reasons why independence was sought. The divisions, who seeds were planted then, seem not to have left us and they have pitched two families, the Odinga’s and the Kenyatta’s,  in a long battle that is where we are now. The difference between the families as it seems to me has always been ideological. When Jaramogi resigned from his post as first vice president, it was on matters of principle. He could not stand the replacement of the white colonialist with a black one. We are at an ideological divide again, we have a fight for constitutionalism and democracy one hand and on another the maintenance of the status quo. Which know which side either family stands.

Sometime ago, I wrote a post where I said human beings as a race are stupid. Today I want to modify it to say that Kenyans are doubly stupid.  I will show you a few tweets from a group of Kenyans who occupy a class called the educated middle class.

image002

These ladies and gentlemen sending these tweets feel themselves as highly educated and progressive and are for all intents and purposes are as tribal as their grandmothers in the village who does not any better! What kind of generation is this. What do they do in the various universities or colleges you attend. Are you able to think beyond your tribe? Or is every issue to you to be reduced to tribe?

The election rules allow for petition for any aggrieved party, what is your problem if he goes to court? Why do you want him to concede if he can show the electoral process was flawed and was not free and fair. What is wrong with him exploring avenues allowed him by the constitution? Why does it seem to heart you so much that you lose all civility and engage in ad hominem attacks?

It is time you grew up from stupidity! If your can’t think for yourselves, let those among you who can think talk for the group but please spare us this level of stupidity and insults!

Unless you didn’t know, the courts exist for one reason, to help in resolving disputes. So while you take high ground insulting one guy who is asking that the electoral body answer as to why there were irregularities you are insulting him. Who is worse?

Look at yourselves, think about what you have written. Does it make you feel intelligent? Do you think you are ahead of him because you can write such invective? You are idiots of the first degree. You want to see more of your stupidity, I will show you and am not going to black out your names, no I want you to always remember when you come here that I called you idiots of the first degree.

Faces of idiots

Faces of idiots

Am still not done with you, those who so call themselves #KOT. You are idiots, you don’t read, you behave like sheep. You saw a friend tweet #someonetellObama and you joined the bandwagon making foolish idiots of yourselves, insulting a gentlemen whose only mistake was to make a wrong comparison while addressing a group of American journalists. Am not saying what he said was in order, am saying your responses were idiotic and does only to show how uninformed you are. I will show you a sample and judge for yourselves whether there was any sense in the vitriol you keep tweeting!

More stupid faces

More stupid faces

The media house kept telling us to keep peace. The question am asking and that must be answered, keep peace at what price? Is peace so important that you media personalities find it so hard to point out election malpractice? You have as a bunch failed in your duty as a public watchdog. You signed contracts to keep your mouth shut no matter what! Well, you forgot that there is electronic media and you don’t control that! While you kept your mouth shut, others were vigilant in ensuring that we do not botch this election. Well, it appears the powers that be may have had other plans. When this is finally over, please look yourselves in the mirror and ask yourself some hard questions, could you have done better? Was the best you could do? And while you are it, ask yourselves why did the BVR kits fail after the massive investment the country put in it. What is the size in bytes of a sms text that would jam a dedicated network? You who have asked us to keep peace must answer us to the price we are going to pay for the peace. You must tell us if integrity, credibility, fairness are also important. How is this peace you want us to keep to be fostered? Are these not the elements that make peace a default?

As I finish this post, I will quote from the speech Raila made on Saturday after the results were announced and I hope those of you who think you win by incivility and insults are deluded!

Those who say he should keep quiet, do you have an explanation for this?

What Kenyans witnessed instead was the failure of virtually every instrument the IEBC had deployed for the election, The poll books, the servers, the telephonic transmission, the BVR – they all failed despite the billions spent on acquiring them. Two days after the vote, the electronic tallying was discarded and fresh counting begun afresh via a manual count.

And for this

In Laikipia North constituency, on Friday the IEBC announced the results of the Presidential vote there – I had 11,908, and the Jubilee candidate had 11,361. But the Laikipia North results had already been announced by the IEBC the day before! The result then was different – I had 11,596 votes while my opponent had 9,707. Where did these extra votes come from? This is not the time to point to other examples of rampant illegality.

And please show some respect for the gentleman. Look yourself in the mirror and ask yourself if winning by any means is what is important or should fairness and credibility be part of it?

But this time we have a new independent judiciary in which I and most Kenyans have faith. It will uphold the rule of law, and I will abide by its decisions. I will therefore shortly move to court to challenge the outcome that the IEBC announced a few hours ago.

And while you think about that, maybe this video will help you understand how flawed the process was and if you still have a conscience after this you will shut the fuck up! This is just one polling station in Nairobi. What do you think happened in the out stations? Please for the umpteenth time, I ask you use your brains this once!

ICC question and the future of Kenya after the elections

In a few days we are going to elect our next president and I need not remind you who are the contenders. In a democratic society everyone is allowed to cast their vote as you so please, but here I think we need to take caution. We are a net importer of goods and services. We depend on the good will of our development partners to export our tea and coffee to their countries.

Brothers and sisters, when Mzee Moi was president in the early 1990s we had donor freeze, stunted growth, high unemployment, unstable exchange rate and many other social and economic problems simply because his government was despotic and wasn’t accountable to the house and to the development partners. We are on the verge of committing an error of several magnitude, whose effect no one really knows for certain, if we elect the Uhuru/ Ruto duo to the helm of government.

By electing them, we will have voted against the ICC and the Int’l community and what will follow is hard to tell but we have examples in Zim and Sudan to guide us to what might happen. Now is the time for all of us who care about our country, a semblance of progress and prosperity to go out of our way and convince our friends in the Jubilee Coalition not to vote for their presidential candidate, for goodness sake, the duo have a case to answer at the ICC. I don’t say they are guilty, neither do I ask they be punished, nope, that would contradict what I believe in, all am asking is they settle that case first and foremost then vie for president. Am not the president of the court.

All I want is they attend to the matters of the court as private citizens and later on in future they may apply to govern. For the time being, please stop the campaigns and do something worthwhile with your time!

There is a case in the High Court challenging the legibility of Uhuro/Ruto candidacy. I don’t want to preempt the judges’ decision but I think if they are truly rational they will disqualify the two from the election and put the dates of the appeal after the election. I think this would be the heroic thing to do but then you can’t trust these judges!

The European Union has made their position clear, you can elect anyone you want but there will be consequences

and President Obama had this message to the Kenyan public.

and shortly after Johnnie Carson had this to say on the choices we will make.

One has to be really daft not to see the message the international community is sending here. There are those who support the Jubilee presidential aspirants and make a claim we are a sovereign nation and shouldn’t be bullied by anyone. I don’t disagree, but we are in a global village. Zimbabwe is sovereign and when I last checked inflation was at 11,000,000 % and Republic of Sudan has public transport grounded, civil unrest and uncertainty and an imminent rise in unemployment and a government unable to meet its obligation.  What is sovereignty when life becomes unlivable because of the ego of two individuals? Is sovereignty going to create employment to satisfy the ego of two men?

I need these UhuRo supporters to tell me why they think we should vote for their candidate. Am open to persuasion.

I abhor tribalism. I have spoken and written against it, am only asking that all those people who love Uhuru to not vote for him, that is all. But if you desire to suffer for love as Prometheus suffers for his love for humanity after he gives them fire, then by all means vote for Uhuru/ Ruto. If on the other hand you feel as strongly as I do, then ensure they lose, I don’t care who you vote for as long as you don’t vote for Uhuro and Ruto.

I hope this is not too much to ask.

An open letter to Raila Odinga

Dear Sir,

I hope this finds you well.

I know you are a busy man and therefore I will make this letter short. I will start by congratulating you on your nomination to vie for the presidency of this country and wish you the best in the election that is a few days away.

I am writing to express my disappointment with you, first in the five years that you have been prime minister and then on the conduct of ODM nominations especially with regard to those MPs who for lack of a better term I would call sycophants and family members. I admit that everyone has a right to contest any elective post whether they are your relations or not, but as one person who keeps telling us you stand for change, then you must through your minions obey the will of the people. They have said expressly they don’t want to work with your brother, sister and in-laws, don’t force them on the people. Speak up and walk the talk, give the people their wish and you will get to where you want to go or we will vote for your competition in spite and send you home to retire.

Mr. Prime Minister, you have said you want to see the end to nepotism and tribalism in this country but your conduct speaks a different language. I know your defenders would say that in the presidency of JFK in the US his brother was the Attorney General, nobody refuses that but look at it this way, you appointed your sister ambassador to the US, your brother was the Assistant finance minister and I don’t know what other members of your family have been appointed to state positions, don’t you think it makes you a hypocrite to criticize others or when your minions criticize others when you do the same thing. We need better leadership.

All of us have been made to believe you have fought for constitutionalism in Kenya. I think this is true but I want to submit here that when you had the power to do so, you failed to be a beacon of hope. You instead felt comfortable with appeasing your sycophants. I know politics is a game of numbers, but what do you think it would be your status among the general populace had you reduced your end of the cabinet to be within the new constitutional requirements? You would not have acted contra the constitution but would have been a beacon of hope of what we would expect in your government if you should win the election, as it is, there is nothing you inspire in me.

There is the big matter of corruption, I don’t know how you have performed in this sector. You were the supervisor of government ministries, unfortunately the reports from Transparency International show that corruption is still rife in government. The question is do you know and have chosen to be complacent or you don’t know and are inefficient?

On matters national security and asking us to be patriotic. There have been senseless killings in Taita Taveta and Garissa, you have a motorcade paid for by our money, it is unfortunate that you haven’t found the time to visit this families and grieve with them and yet you expect their votes! Are you hungry for power for power’s sake or is there something different we are to expect?

Five years ago at the end of the election that you maintained that your vote had been stolen I thought you would have learnt a few lessons. If your party cannot hold fair and credible elections what are we to expect of your presidency?

Lastly this is a bit of a personal matter. I have spent several days with this question and hope that someday I will get an answer from you. Of all the MPigs and good citizens we have in this country, is Kalonzo Musyoka the best choice of a running mate you could choose? This is a fellow you have been at loggerheads with for the five years of this coalition unless this has been for show. I know we are meant to forgive those who wrong us, I need to know what has changed in watermelon Kalonzo, when did he become a reformer, a proactive leader and what he now stands for? I feel really disappointed to say the least.

I hope to hear from you or one of your minions before the election date before I cast my vote.

Yours sincerely

Concerned voter.