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Monthly Archives: July 2013

Political Lessons from Kethi Kilonzo Case

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In my Star column this weekend Political Lessons from Kethi Kilonzo Case, I conclude we would have had a different outcome had the Supreme Court done the same thing the High Court did in Kethi Kilonzo’s case in Raila and AfriCog petitions.

 
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Posted by on July 27, 2013 in Uncategorized

 

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The New Government Spokesman and Jubilee Antics

This new government spokesman Muthui Kariuki what’s his background and did he ever see the inside of a university classroom, let alone graduate from one? Or is he a reincarnation of Kariuki Chotara?

He may have and might as well be a highly educated and qualified professional of some field but he comes across as an illiterate person who never went to school and knows not a thing about communications, let alone being a spokesman of the government of all clients.

He violets Cardinal Rule No. 1 for a spokesperson any communications student will tell you and that’s you don’t show emotion or otherwise be entangled with the issue or issues about which you’re speaking in behalf.

Watching this fellow whine about Raila and the heckling of my good friend Dr. Matiangi in Kisii one can rightly assume they’re watching a hapless partisan or political hack in action, not a government spokesman.

While political consideration and calculations is always behind every message passed on by a government spokesman, there is actually a difference between government policy and partisan politics.

When one rolls both into one, you no longer have a national government; you have a regime driven by one and only one agenda and that’s how to cling to power.

If that’s what Jubilee wants, then this Kariuki person suits their needs perfectly.

If it’s a national government they want; one that’s not there to only serve their selfish and partisan interests,  then they should either send this spokesperson to take a crash course in communications and send him out only to talk about things that are serious and of interest to the country, not whining about things better handled without such exaggerated or manufactured drama.

If the government has evidence that someone organized the heckling of speakers at the Kisii event, let them show us what laws were broken and charge those they deem guilty.

If the government believes Raila has refused to surrender government vehicles, there is no shortage of means they can use to get those vehicles back than whining about it.

If Raila is using illegal sirens or breaking traffic laws, that’s a matter for traffic police who should treat him no different than they treat retired presidents Moi and Kibaki.

It would be obviously stupid and moronic for anyone to say Raila should be accorded less dignty and honor as our former prime minister simply because he’s still active in public affairs.

All retired leaders unless bed-ridden or otherwise incapable of doing so routinely engage in public affairs and some even come back from retirement to seek public office or appointments.

Nothing wrong with that.

The benefits and privileges of retirement are in recognition of past contributions, not a reward or punishment for future conduct or level of participation in public affairs.

Raila and Kibaki both served as co-leaders under the law and both are entitled to identical retirement benefits it matters not a whit what either or both intend to or actually do in the future.

Jubilee therefore must decide whether addressing the myriad of problems afflicting most Kenyans is their priority or “taming” Raila is.

In hindsight, they couldn’t have a better spokesman for the latter than this fellow they have there now–from Cord’s perspective, that is.

 
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Posted by on July 26, 2013 in Politics

 

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Illegitimacy: Will Uhuruto Ever Shake This Label?

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In my Star column his weekend Illegitimacy: The Label Uhuruto Must Shake, I analyze the prospects of Uhuruto shaking the illegitimacy tag hey have hanging around heir shoulders.

Excerpt:

Illegitimacy is a phenomenon every elected or appointed leader avoids to be labeled with as the plague. Yet many a leader can’t avoid being labeled as such because facts just don’t point in any other direction.

The world is replete with examples of this happening but as much as those so labeled have tried or continue to try and shake the label, it’s a label not easy to shake once it attaches to a leader.

If successful shaking of the label happens, it’s usually due to a combination of dogged determination by the affected leader helped along with extraordinary events beyond the affected leader’s control.

It should also be noted that it matters not much whether the label of illegitimacy is based on fact. In fact all that matters is the claim of illegitimacy based on some colourable ground, usually at least a very strong suspicion of wrong-doing on the part of the target.

Neither of these (insider deals) go anywhere near erasing or even shaking the label of illegitimacy on the Uhuruto presidency; this actually makes it worse and unless something extraordinary such as 9/11 for Bush happens, it’s unlikely the duo will ever shake this label of illegitimacy or the notion many believe they’re just another continuation of Moi and Kibaki era politics and practices.

The only thing that may come close to shaking this illegitimacy short of the murderous 9/11 tragic event, is the acquittal of both leaders or at least Uhuru’s acquittal at ICC.

And even with that, like Bush, the duo must demonstrate by deeds that they’re serious about fully implementing the constitution and that they care and actually do something about the suffering of ordinary wananchi, lest it’s a one term proposition for both.

Neither of these go anywhere near erasing or even shaking the label of illegitimacy on the Uhuruto presidency; it actually makes it worse and unless something extraordinary such as 9/11 for Bush happens, it’s unlikely the duo will ever shake this label or the notion they’re just another continuation or Moi and Kibaki era politics.

The only thing that may come close to shaking this illegitimacy short of the murderous 9/11 tragic event, is the acquittal of both leaders or at least Uhuru’s acquittal at ICC.

And even with that, like Bush, the duo must demonstrate by deeds that they’re serious about fully implementing the constitution and that they care and will do something about the suffering of ordinary wananchi, lest it’s a one term proposition for both.

– See more at: http://www.the-star.co.ke/news/article-128900/illegitimacy-label-uhuruto-must-shake#sthash.uaOwsijS.dpuf

Illegitimacy is a phenomenon every elected or appointed leader avoids to be labeled with as the plague. Yet many a leader can’t avoid being labeled as such because facts just don’t point in any other direction.

The world is replete with examples of this happening but as much as those so labeled have tried or continue to try and shake the label, it’s a label not easy to shake once it attaches to a leader.

If successful shaking of the label happens, it’s usually due to a combination of dogged determination by the affected leader helped along with extraordinary events beyond the affected leader’s control.

It should also be noted that it matters not much whether the label of illegitimacy is based on fact. In fact all that matters is the claim of illegitimacy based on some colourable ground, usually at least a very strong suspicion of wrong-doing on the part of the target.

– See more at: http://www.the-star.co.ke/news/article-128900/illegitimacy-label-uhuruto-must-shake#sthash.uaOwsijS.dpuf

Illegitimacy is a phenomenon every elected or appointed leader avoids to be labeled with as the plague. Yet many a leader can’t avoid being labeled as such because facts just don’t point in any other direction.

The world is replete with examples of this happening but as much as those so labeled have tried or continue to try and shake the label, it’s a label not easy to shake once it attaches to a leader.

If successful shaking of the label happens, it’s usually due to a combination of dogged determination by the affected leader helped along with extraordinary events beyond the affected leader’s control.

It should also be noted that it matters not much whether the label of illegitimacy is based on fact. In fact all that matters is the claim of illegitimacy based on some colourable ground, usually at least a very strong suspicion of wrong-doing on the part of the target.

– See more at: http://www.the-star.co.ke/news/article-128900/illegitimacy-label-uhuruto-must-shake#sthash.uaOwsijS.dpuf

Illegitimacy is a phenomenon every elected or appointed leader avoids to be labeled with as the plague. Yet many a leader can’t avoid being labeled as such because facts just don’t point in any other direction.

The world is replete with examples of this happening but as much as those so labeled have tried or continue to try and shake the label, it’s a label not easy to shake once it attaches to a leader.

If successful shaking of the label happens, it’s usually due to a combination of dogged determination by the affected leader helped along with extraordinary events beyond the affected leader’s control.

It should also be noted that it matters not much whether the label of illegitimacy is based on fact. In fact all that matters is the claim of illegitimacy based on some colourable ground, usually at least a very strong suspicion of wrong-doing on the part of the target.

– See more at: http://www.the-star.co.ke/news/article-128900/illegitimacy-label-uhuruto-must-shake#sthash.uaOwsijS.dpuf

 
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Posted by on July 21, 2013 in Politics

 

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Kethi Kilonzo’s Case and Justice In Kenya Today

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There is no doubt in anyone’s mind who’s serious and objective that Justice Isaac Lenaola would have made a superb Chief Justice far much better than Mutunga.

That having not happened, we’re still lucky to have him and a few others like him at the bench for as I have previously stared, it’s justices like Lenaola who’ll save the court from the embarrassing and intellectually shallow decision in the Raila and AfriCog petitions which unavoidably equally badly reflects on the judiciary as a whole in as far as its image as one undergoing reform is concerned.

It’s significant that, while asking the Supreme Court to appoint a panel to hear Kethi Kilonzo’s appeal, Justice Lenaola asked not to be appointed to the panel.

I have my suspicion as to why let me just say it goes to show the justice’s foresight and Solomonic wisdom which augers well with his formidable intellectualism.

Wise move, Justice.

Now, is there any significance to the fact that CJ Mutunga appointed a panel from Jubilee stronghold to hear Kethi’s case?

Let’s all give them the benefit of doubt and condemn them only if they give us reason to remove the doubt.

 
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Posted by on July 17, 2013 in Law, Politics

 

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IEBC Is Incompetent and Ought To Be Disbanded

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In my Star column this weekend IEBC Is Incompetent and Ought To Be Disbanded I reiterate the obvious and start making the case why the obviously compromised and incompetent IEBC should be disbanded or at least have heads roll to start with.

Excerpt:

The fact is, the discredited  IEBC is exposed and will be  even more fully exposed  when it releases the much  awaited data for 2013  elections. We have also come  to know something  about this body which  is clearly a mirror image  of the previously equally  discredited ECK.

Yet they  chose to take our country the same path ECK did. We were saved only by the grace of God from reaching the depths of 2007. That something is not surprisingly when it comes to following the law and its mandates, IEBC basically thumbs its nose on us and asks the question popularised among the youth in social media, mta do?

Well, we can do something not the least of which is demanding that heads roll at this clearly discredited and incompetent body, starting with the chairman.

To be sure, there may be one or two good apples in that box but the rotten ones have made the whole box rotten. Either get rid of the rotten ones or altogether disband the whole thing.

We don’t need a national electoral commission other than a perfunctory one now that we have county governments. Rather what we need in light of these repeated failures to have a credible national elections body, are 47 electoral commissions each responsible for their own county elections.

At least with that kind of system, we can make it extremely difficult for the riggers to have a nationwide impact as they have had in each of the elections since elections started mattering in Kenya.

To leave IEBC in its discredited self would be akin to having your worst enemy preside over your fate. IEBC has shown it is the worst enemy of democracy.

The fact is, the discredited  IEBC is exposed and will be  even more fully exposed  when it releases the much  awaited data for 2013  elections. We have also come  to know something  about this body which  is clearly a mirror image  of the previously equally  discredited ECK.

Yet they  chose to take our country the same path ECK did. We were saved only by the grace of God from reaching the depths of 2007. That something is not surprisingly when it comes to following the law and its mandates, IEBC basically thumbs its nose on us and asks the question popularised among the youth in social media, mta do?

Well, we can do something not the least of which is demanding that heads roll at this clearly discredited and incompetent body, starting with the chairman.

To be sure, there may be one or two good apples in that box but the rotten ones have made the whole box rotten. Either get rid of the rotten ones or altogether disband the whole thing.

We don’t need a national electoral commission other than a perfunctory one now that we have county governments. Rather what we need in light of these repeated failures to have a credible national elections body, are 47 electoral commissions each responsible for their own county elections.

At least with that kind of system, we can make it extremely difficult for the riggers to have a nationwide impact as they have had in each of the elections since elections started mattering in Kenya.

To leave IEBC in its discredited self would be akin to having your worst enemy preside over your fate. IEBC has shown it is the worst enemy of democracy.

– See more at: http://www.the-star.co.ke/news/article-127970/iebc-incompetent-and-ought-be-disbanded#sthash.17PRqtWK.dpuf

 
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Posted by on July 13, 2013 in Politics

 

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Kethi Kilonzo High Court Case Against IEBC

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I am not privy to neither am I in any way involved in Kethi’s case but, based on my understanding of the facts in this case and knowledge, Kethi has the following points I am fairly certain she will prevail in some if not all of them in making her case before the High Court against the obviously compromised and incompetent IEBC:

  1. The issuance of Kethi’s clearance certificate by IEBC was final (the obviously compromised and incompetent body) had no jurisdiction to hear the complaint filed by TNA adba Jubilee Alliance. I put my apt and copyrighted description of this obviously compromised and incompetent body in quotes because it’s not necessary to use or put that language in pleadings or proceedings but fair game to point out the same by other means, as I am sure they will.
  2. The High Court should review the case de novo, meaning, trash the factual finding by the obviously compromised and incompetent IEBC as to whether Kethi is a registered voter and make its own factual findings.
  3. One of those factual findings should be Kethi is a registered voter, even if she fails to prove so on account IEBC has proven it’s compromised and incompetent enough to have had someone simply delete Kethi’s name from all of the many registers IEBC illegally maintains of registered voters.
  4. The argument that Kethi used an expired passport and copy of her ID to register should be first dismissed on the basis the obviously compromised and incompetent IEBC is estopped from making the argument (legally stopped from making the argument because they already accepted the identification docs, flawed as they may have been it’s too late and detrimental to Kethi to argue that now; had they rejected the items when she presented them, she would have had an opportunity to find other forms of acceptable ID; she obviously can’t do that now as registration is closed). Alternatively, the High Court can simply rule as it should that an expired passport is an acceptable form of identification under the Election Law. There is nothing in our Constitution or Election Law that says a passport must be valid in order to qualify as an identification document; in fact, an “identification document” for purposes of Election Law is defined as “a Kenyan national identification card or a Kenyan passport.” Note the absence of “valid” or “unexpired” before the word “passport” which would have to be present in order to make validity of a passport necessary or required to qualify as an identification document. I fully expect Kethi and her lawyers to make this argument and have no doubt the court will agree as it should and must if proper interpretation and application of law means anything. Either ruling will moot the issue.
  5. Whether she voted or where is irrelevant as to the question of whether she is a registered voter.

If the rule of law that started taking hold upon promulgation of the new constitution is still alive, we should expect the High Court to rule in favor of at least some or all of these points, especially #3, which should be sufficient to clear the way for Kethi’s candidacy and election as first elected woman senator representing the people of Makueni.

 
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Posted by on July 10, 2013 in Politics

 

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TNA Behind Kethi Kilonzo’s Eligibility Nullification

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I told people on these forums not to get overexcited over this Kethi issue but they ignored and went on to hyperventilate and are now out there somewhere exhausted let’s hope they had fun because the proverbial waste is about to hit the fan.

I also said this Kethi saga is more about Jubilee power plays than Cord or even Kethi for that matter.

I can now report and Cord deputy leader and former Vice President confirms below that this Kethi saga is a creation of TNA.

My own reliable source tells me one William Samoei Ruto is very upset by the powers that be that made an issue out something that they should not have; to be sure, the same source told me Ruto has his ideas on how to handle Raila and Cord, which one can actually see their manifestation if you follow what Ruto and Uhuru have been doing but it appears (my source did not tell me this) there are forces which believe both Ruto and Uhuru must dance to their music.

Those very forces may be the very reason the Jubilee coalition may not last beyond a few months before the fissures crack wide open, certainly long before going into the next elections.

As I stated before, this Kethi saga ain’t over by far and even if the high court does not clear hear, which I fully expect to be the case, namely, her being cleared–unless the case ends in the wrong judge’s hands, this will be a rallying issue for Cord, which has been smarting from yet another stolen election.

And now the story about yet another TNA scheme:

The Standard, July 9, 2013

The Coalition for Reforms and Democracy (CORD) has accused TNA of tampering with the electoral voter register and deleting Kethi Kilonzo’s name.

The accusations come a day after Monday’s ruling by the Disputes Resolution Panel of the IEBC which revoked the nomination of Kethi Kilonzo, knocking her out of the Makueni Senatorial by-election.

“Of concern is the manner in which TNA, a major player in the Jubilee Coalition raised the issue of Kethi’s voter registration status without the knowledge of the electoral body, begging the question of who is the custodian of the IEBC’s vote register. This clearly shows that TNA is IEBC and IEBC is TNA. TNA must have tampered with the voter register, hence deleting Kethi’s name”, Kalonzo Musyoka said.

CORD also warned of a major political battle even as their lawyers finalised on court papers to appeal IEBC’s ruling that locked out Kethi.

 “This is a major political war against CORD, disguised as a legal battle in an obvious attempt to impose a leader on the good people of Makueni. It is clear that Jubilee vehemently tried all means possible to lure Ms Kethi to run for the seat that was held by her late father Sen. Mutula Kilonzo on any of its affiliate parties, an attempt that didn’t bear fruits, hence their resolve to frustrate her candidacy”, said Kalonzo.

Nothing surprising here is there?

 
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Posted by on July 9, 2013 in Politics

 

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