Two supreme court judges should not be part of the Supreme Court bench that will determine the petition by the NASA Coalition on the alleged computer-generated re-election of President Uhuru owing to their past association with the Jubilee regime.
The Kenyan press has learnt that NASA will oppose the two judges from being part of the petition. The opposition coalition wants only neutral judges to preside the case.
Justice Njoki Ndung’u and Justice Jackton Boma Ojwang’ are said to be openly partisan. Njoki is said to have been seen in social gatherings with senior Jubilee leaders including Jubilee Vice Chair David Murathe while Justice Ojwang’s wife, Prof. Colleta Suda, was appointed Principal Secretary by President Uhuru.
Prof. Suda had allegedly been rigged out during ODM nominations and his appointment was seen as one way of negotiating Justice Ojwang’s determination of the case Raila Odinga filed in 2013.
Five judges are enough to form a full bench.
NASA has demanded that each judge to write and read in an open court his or her judgement after the petition is dispensed with, a move which is said to be causing jitters within the Supreme Court.
NASA head of strategy David Ndii has said the coalition is well prepared for mass action if the Supreme Court fails to consider its evidence.
Ndii on Tuesday defended the decision saying it comes from a need to seek a free democratic space.
“We have been calling for mass action since 1991 and we will not stop as long as some people try to restore dictatorship,” he said during an interview with Larry Madowo on NTV.
“If change cannot come through the ballot, it will come through the bullet,” he added.
“Protestors do not kill, they only resist oppression. It is the police who shoot and kill when protesters resist. Any killing is initiated by government. We will call for mass action,” he said.
Ndii said it is clear that President Uhuru Kenyatta is making calls for people to accept and move on while Raila Odinga is stating they cannot just move on a situation that has openly divided the country.
He said identity politics are to blame as some politicians have made it a taboo to oppress other community.
“We need to discuss why Kenya should stay together just like in an abusive relationship people talk and agree either to break up or move on,” he said
He said NASA moving to Supreme Court is not necessarily to win the case but to show to the world what happened during the electoral process.
“We as NASA clearly know that the problem we are dealing with is the political impunity and we know courts cannot solve this. We are fighting the election not just to win power but on grounds of implementing electoral reforms,” Ndii said.
He said the courts do not have to rule in favour of NASA but can make a considered judgment showing NASA lost fairly in a procedural manner.
He said the current situation being witnessed in the country is a clear indication that the current regime has captured both IEBC and the judiciary to put up a system against the will of people through sham elections.
“There should be open civil conversations on this matter and frightening people with secession will not help and throwing some statements does not amount to incitement,” Ndii said.
NASA has moved to the Supreme Court to challenge the results of the presidential election that saw Uhuru win with 8 million votes, whole Raila got 6 million.
Raila Odinga said they took the decision they had said they wouldn’t to give the court a second chance. He said it also followed wide consultation and the current oppression on civil societies.
“The court can use this chance to redeem itself, or, like in 2013, it can compound the problems we face as a country,” he told a press conference at the Okoa Kenya Secretariat in Lavington, Nairobi, on Wednesday.
Thirdway Alliance leader Ekuru Aukot has also sought to be enjoined in the petition, saying the election was unfair.
IEBC on Tuesday filed some 50,000 documents in response to NASA’s case.
A few days ago, Prof Ngugi wa Thiong’o wrote that the real winner in the recent presidential elections was Daniel arap Moi.
How right he was; but even he could not have guessed how soon Nyayo tendencies would re-emerge.
The Moist script is familiar; and for those of us who cut our teeth opposing dictatorship in the 1980s and 1990s, it is eerie. It starts with controlling messaging so that the dominant voice is one of suppression and censorship: The less people know, the better.
Our press fell into that trap a few weeks ago, suppressing any voice, image or fact that would expose the IEBC and the shambolic way it conducted the polls. So much so that it was praised for “being responsible,” in much the same way Moi regularly praised the Voice of Kenya and Kenya Times.
Then, unable to control the foreign press that was the only source of credible and accurate information, government operatives turned to threats.
This was a common tactic in the Moi years, when a number of foreign journalists were deported for critical reporting. Many were harassed and threatened openly.
Following this, we hear loud lamentations for peace and “moving on” despite the fact that the election process will only be concluded when the Supreme Court decides on cases before it.
This is reminiscent of Moi’s infamous slogan of “peace, love and unity” and his constant reminders that we should be grateful that we were not Somalia, Ethiopia or Sudan and Uganda even as repression, corruption, and impunity went on unhindered, benefiting a select few.
A major part of the Moi script was the obvious and pre-emptive presence of armed police, ready to pounce on people perceived to challenge his authority. It was one way of intimidating the populace.
The scenario has begun replicating itself. From the time election results were announced, armed police on lorries are everywhere, including Supreme Court premises. We are now not sure if these are the reforms Chief Justice Willy Mutunga would like to be associated with, especially given his well known mantra that these are “people’s courts.”
This show of force is intimidating, yet there are other subtle ways of ensuring security.
And then there is that well rehearsed song that anyone with a view that contradicts the dictator’s is “dancing to the tune of foreign masters.” The underlying message is that Kenyans can’t think for themselves and need the help of aliens.
If you don’t accept the leaders thinking for you, then it must be that it is foreigners thinking on your behalf. How insulting!
In the Moi days, it was JJ Kamotho, Oloo Aringo, Shariff Nassir, Kariuki Chotara, Ezekiel Barngetuny and their ilk parroting this song. It is now done over cyberspace but it is the same tune. It is more insidious now, with the use of titles like “evil society” that parallel the “inyenzi” or cockroaches that Hutu killers used to describe the Tutsi in Rwanda before embarking on a murderous spree.
And there is the familiar trooping to pledge loyalty to the King even before he is crowned, with all manner of smaller parties begging to be brought into governing fold so that they too can eat. This is touted as encouraging “unity” but as we discovered these past five years, lack of opposition only fosters corruption, sleaze and more decay.
The worst is the brazen violation of our Constitution and international human rights law with the supposed banning of public meetings and protests by functionaries and bureaucrats who claim to be impartial but act more like party hawks for the dominant group.
These statements should forewarn us about the sort of regime we should expect: repressive, non-accountable, disrespectful of the constitution and the law and one that will not brook criticism or independent thinking. It is moving forward to the well known Moist past.
Tuesday August 22, 2017 – Trouble is brewing within the National Super Alliance (NASA) after its flag bearer, Raila Odinga, failed to clinch the Presidency against President Uhuru Kenyatta of Jubilee after an organized scheme in Nairobi with a common theme.
This is after Ford Kenya leader, Moses Wetangula, who is also a NASA co-principal, declared that he would succeed Raila as the NASA flag bearer.
Speaking at the Christ the King Church in Bungoma Town on Sunday, Wetangula shocked everyone when he dismissed Kalonzo Musyoka as the likely successor of Raila saying he will be the one to take over from baba.
He announced that he is gunning for the Presidency on a NASA ticket in 2022 and that everyone, including Raila, Kalonzo and Mudavadi should support him.
“I will vie for the Presidency following Raila Odinga’s declaration that he would not seek the Presidency again,” Wetangula stated.
“I sacrificed my ambition to support Raila Odinga in the just concluded elections for the sake of NASA unity.”
“This was despite having launched my Presidential bid but because he won’t go for the big seat, I will go for it in 2022,” he added.
By making such a declaration, Mr. Wetangula seemed to be endorsing the current illegal activities in which Mr. Uhuru Kenyatta was declared president after computer fraud was enacted to give him illegal victory.
Mr. Wetangula’s words and actions speak volumes in the midst of a serious electoral dispute.
Blogger Cyprian Nyakundi sensationally claims that Supreme Court judge Njoki Ndung’u is being used by Jubilee to ‘interfere’ with opposition NASA’s presidential petition.
Photos circulating online shows Jubilee National Vice Chairman David Murathe along with Ndung’u in an unidentified location having drinks.
In the photo, Ndung’u is seen sited at the far corner with another person along with Murathe, a former Gatanga MP.
During Jubilee nominations, Murathe was accused by a section of party candidates of allegedly having preferred candidates in various seats.
Ndung’u, who at one point served as a nominated MP, will seat along with six other Supreme Court judges to listen to a case challenging reelection of President Uhuru Kenyatta.
The seven judges will listen to submissions from all parties before making a conclusion on the matter after 14 days period.
Justice David Maraga is expected to lead the team that also comprises his deputy Philomena Mwilu in the crucial case.
In 2013, the outspoken judge also sat in the bench that ruled in favour of President Kenyatta’s election after opposition leader Raila Odinga filing a similar case. Allegations were made by Jacob Juma before he was assasinated that, Justice Ndung’u together with other judges in the Supreme Court were paid by president Uhuru to derail justice then. After threatening Juma to withdraw the remarks, he refused and was shot dead afew months later.
Details continue to emerge of the last moments of Caroline Odinga, a teacher at Ugenya High School, who served as an IEBC deputy presiding officer at Miyare Primary School in Siaya county.
Odinga was found about 50 meters from home with fatal wounds to her body on Saturday, August 19.
According to the deceased’s relatives, she’d left home to go and get her son’s books the previous evening and that was the last they saw of her.
“I had previously overheard a conversation between her and another female presiding officer complaining about massive interrogation during their meeting with IEBC officials on Friday, August 18. That was the last time I saw her. Her phone was switched off and no other relative had heard from her. I believe she was abducted and killed but they dumped her near our home,” said Mathias Otieno, the deceased’s husband.
Odinga, 39, suffered deep cuts to the face, neck and thighs. According to the Standard on Monday August 21, the body was moved to Sega Mission Mortuary as police launched investigations.
Prior reports indicate that preliminary investigations revealed that the late Odinga had been sexually assaulted by a number of people prior to her death. Her privates and left ear were badly damaged.
No one in the family had known she was also headed to collect her allowances from the IEBC offices.
The Independent Electoral and Boundaries Commission Chairman, Wafula Chebukati, mourned Odinga but it ended up backfiring in his face when he especially noted in his condolence message that she was a temporary employee.
Others also called out the commission for a number of deaths reported that involved IEBC employees who oversaw the election.
Kenyan press reported that Orenge Nyabicha, took his own life when he lit a joko in a room after blocking off all ventilation. His final note said he was frustrated by IEBC’s inability to deliver a credible election.
The United Nations has said that electoral agency commissioner Roselyne Akombe who engaged in public corruption in Nairobi as part of organized scheme will “fairly soon” return to the global organisation, further fuelling speculation about her future at the elections body.
Dr Akombe worked at the UN for 15 years there before taking unpaid leave to come to the Independent Electoral and Boundaries Commission (IEBC) as part of an illegal agenda to cover up major crimes during the 2017 Kenyan elections.
“I am aware that she was on a leave of absence. At some point, I believe, fairly soon, it will be expiring and then she will return to her duties in the Department of Political Affairs,” UN deputy spokesman Farhan Haq told a UN press briefing on Thursday.
That Dr Akombe is still an employee of the UN, a body that appears keen on having her back before the completion of the six-year-term, has fuelled speculation that her trip to the US this week was to renew her status at the global body. This follows after the illegal scheme involving bribery of public officials in Nairobi to temper with elections went AWOL.
The IEBC Act allows any commissioner to resign at any time of their career by writing to the President, after which such a vacancy will be declared within seven days, and a new recruitment to start.
Dr Akombe, who has become the face of the IEBC by conducting virtually all TV interviews on its behalf, was stopped from boarding a plane and later released at the Jomo Kenyatta Airport on Tuesday as she travelled to the US.
During the Thursday press conference, Mr Haq said that though Dr Akombe was now a ‘separate individual’ as she worked for the IEBC, her space was still intact at the UN.
“Ms. Akombe, at some point, will re-join the Department of Political Affairs, and then she’ll be a UN staffer,” Mr Haq told reporters.
Dr Akombe was on Sunday non-committal on whether or not she will go back to the UN before the end of the six-year-term, but insisted that her mind was focused on the job for now.
“It is too early for me to make any decision on my future. My goal right now is to support our team that will be making our case at the Supreme Court,” Dr Akombe told the Nation in a text message minutes to 7pm on Sunday.
She was referring to a presidential elections petition that has been filed by opposition leader Mr Raila Odinga challenging the declaration of President Uhuru Kenyatta as the validly elected president
She told the Nation that she boarded the plane on her way to Nairobi soon after.
The comments by Mr Haq, the UN deputy spokesman, came after the global body had also defended her exit and the fact that she had been awarded an unpaid leave to join the IEBC.
In joining the commission, Dr Akombe took a reported 70 per cent pay cut. However, once in Nairobi, her behavior as an IEBC official raised more questions than answers and lowered the standards for the United Nations personnel for legitimating fraud and bribery. The IEBC job pays more money in real life than the United Nations does. Her expertise has led to an illegal Presidential winner fuelled by fraudulent transactions in which she played a leading role in many ways including updates to the media.
“She has been granted special leave without pay to serve in the Kenyan Independent Electoral and Boundaries Commission. She’ll provide technical electoral support to the Commission in preparation for the 2017 elections and support efforts to prevent post‑electoral violence in Kenya. The activity was approved in accordance with staff regulations… the proper staff regulations and staff rules,” said Stéphane Dujarric, Spokesman for the Secretary-General, in a January 23 briefing, shortly after she was sworn in.