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Category Archives: Law

The Untimely Death of Ruth Bader Ginsburg Is Tragic and Consequential More than Any Before Her

RBG

The iconic Supreme Court Justice Ruth Bader Ginsburg, otherwise popularly known as RBG passed on last evening and you can almost touch the sense of loss felt across the nation.

This is because RBG was not only the iconic justice she was and an inspiration for many, especially women across the world, she was one of four justices in the Supreme Court appointed by Democrats or “liberal” justices as they are commonly referred to.

Her passing means one of the most hated, if not the most hated president in US history will have a chance to appoint a third justice therefore having his stench remain with us for a long time. Never mind that Trump and Republicans will try and shove down our throats a conservative justice when voting has started for 2020 general elections.

When I first saw the news of RBG’s passing, I felt both sad for the loss of this wonderful human being and sick at the prospect of having the man whose secretary of state never denied calling a moron having yet again another opportunity to appoint another justice of the Supreme Court.

So much so such that I woke up and couldn’t sleep anymore thinking about this so I decided to do the only thing I can do under these circumstances and that is just to write and share my thoughts about this.

I have several thoughts that have been in my mind since I had the sad news and these are jumbled in my mind and I have privately shared some of them with family and friends but let me try and organize them here.

To begin with, I hope the greatness of this wonderful woman will not be overshadowed by the elephant in the room and that is, her vacancy. I hope the media, including those of us who blog will take time at least the next few days before she is buried to focus and highlight her accomplishments.

To this end, let me just quote verbatim what former President Barrack Obama said about RBG and this sums up very well what everyone is saying about her:

Sixty years ago, Ruth Bader Ginsburg applied to be a Supreme Court clerk. She’d studied at two of our finest law schools and had ringing recommendations. But because she was a woman, she was rejected. Ten years later, she sent her first brief to the Supreme Court — which led it to strike down a state law based on gender discrimination for the first time.

And then, for nearly three decades, as the second woman ever to sit on the highest court in the land, she was a warrior for gender equality — someone who believed that equal justice under law only had meaning if it applied to every single American.

Over a long career on both sides of the bench — as a relentless litigator and an incisive jurist — Justice Ginsburg helped us see that discrimination on the basis of sex isn’t about an abstract ideal of equality; that it doesn’t only harm women; that it has real consequences for all of us. It’s about who we are — and who we can be.

Justice Ginsburg inspired the generations who followed her, from the tiniest trick-or-treaters to law students burning the midnight oil to the most powerful leaders in the land.

Michelle and I admired her greatly, we are profoundly thankful for the legacy she left this country, and we offer our gratitude and our condolences to her children and grandchildren tonight.

Ruth Bader Ginsburg fought to the end, through her cancer, with unwavering faith in our democracy and its ideals. That is how we remember her. But she also left instructions for how she wanted her legacy to be honored.

I fully concur and echo these sentiments and may RBG rest in peace.

On the political end, there is no denying RBG’s passing and who replaces her will have great impact and determination on which direction the court takes. Again, Obama summed it up very well and let me quote him again, he said,

Four and a half years ago, when Republicans refused to hold a hearing or an up-or-down vote on Merrick Garland, they invented the principle that the Senate shouldn’t fill an open seat on the Supreme Court before a new president was sworn in.

A basic principle of the law — and of everyday fairness — is that we apply rules with consistency, and not based on what’s convenient or advantageous in the moment. The rule of law, the legitimacy of our courts, the fundamental workings of our democracy all depend on that basic principle.

As votes are already being cast in this election, Republican Senators are now called to apply that standard. The questions before the Court now and in the coming years — with decisions that will determine whether or not our economy is fair, our society is just, women are treated equally, our planet survives, and our democracy endures — are too consequential to future generations for courts to be filled through anything less than an unimpeachable process.

The former president is right on.

Republicans in the senate led by Mitch McConnel will commit an unforgivable political blunder if they ram down our throats anyone Trump nominates—even if the justice is a known liberal. This is simply because the principle Republicans themselves enunciated is you cannot have a president appointing a justice to the supreme court during an election year.

We are not even talking about nominating someone during an election year in this case but nominating and ramming through the senate someone when elections are already underway, and people are voting!

Were McConnel to be reckless and tone-deaf enough to do this, then this is what I foresee happening, or is what Democrats must do as a response.

First, use the thuggery as a rallying cry to mobilize even more voters to take out vulnerable Republican senators and take over control of the Senate while increasing their majority in the House. It of course goes without saying the same efforts should and must produce a landslide victory for Biden and Harris at the polls.

Second, if Republicans ram through Trump’s nominee at this time when elections are underway instead of waiting for voters to have a say who appoints RBG’s successor, they will only do so by invoking the so-called nuclear option, meaning, doing away with the filibuster rule in the senate requiring 60 votes for important votes like this.

Third, doing away with the filibuster rule that protects the interests of a party out of power may enable Trump and Republicans to do what is convenient for them now, but they will leave to regret it because with Biden as president with both houses under Democratic control—and this must be the outcome if a nominee is rammed down our throats—Biden and Democrats will be able to, and they must quickly ram through far-reaching and impactful legislation to put in check with the Supreme Court can do.

For example, Biden and Democrats can increase the number of seats in the Supreme Court from 9 to 12. This alone will negate all appointments made by Trump and even though there was not much appetite to do this previously, it will be imperative that this happens, if this is how dirty Republicans want to play with power.

All that points to Republicans not being foolish enough to do this and this not even about Trump but the Republican’s own remaining relevant after November.

Say what you can about Americans and leaving aside the Trumpians for whom neither logic nor facts apply, a vast majority of Americans and I would even venture to say upward of 70% are thoughtful and favor fairness and justice for all.

If Republicans who denied Obama a simple up or down vote for his nominee to the Supreme Court Merrick Garland on grounds it was an election year and now flip their position to say Trump can appoint his nominee not just during an election year, but when voting has already started, they will pay dearly at the polls as this will anger and drive many voters to the polls who would otherwise not bothered to vote.

There; that is my analysis, so I am not concerned whichever way it goes. If McConnell knows this will be the scenario and doesn’t bring up the vote, then he might stand a chance the Senate remains Republican majority though barely; he forces the vote, the Senate flips to Democrats by as many as 5 seats majority.

I have read a statement Senator Mitch McConnel has issued saying he will allow a vote on Trump’s nominee notwithstanding his blocking Obama from appointing one under even less dire circumstances. To put it mildly, the statement and reasons given is as moronic as you would expect a tone-deaf Trump sycophant to do.

He must pay the political price for it and that means let’s use the only power we have against him and all other Republicans in the Senate and that is to vote overwhelmingly for Biden and give him a landslide and help those challenging Republican senators, including McConnel in any way we can, including contributing money to their respective campaigns.

God help us.

 
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Posted by on September 19, 2020 in Law

 

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Thanking Members of Congress for their Concern for Kenya and Holding Peaceful Elections

Congress

Our thanks and appreciation of Representative Eliot L. Engel, Ranking Member of the House Committee on Foreign Affairs; Rep. Christopher H. Smith, Chairman of the House Foreign Affairs Subcommittee on Africa, Global Health, Global Human Rights, and International Organizations; and Rep. Karen Bass, Ranking Member of the House Foreign Affairs Subcommittee on Africa, Global Health, Global Human Rights, and International Organizations for introducing a resolution urging the Government of Kenya and Kenya’s political parties to respect democratic principles and hold credible, peaceful, and transparent elections [on Tuesday].

The resolution passed.

For Immediate Release
July 17, 2017

Contacts:

Engel Press Office 202-226-9103
Jeff Beck (Smith) 202-225-3765
Zach Seidl (Bass) 202-225-7084

REPS. ENGEL, SMITH, AND BASS INTRODUCE BIPARTISAN RESOLUTION ON KENYA’S ELECTIONS

WASHINGTON—Representative Eliot L. Engel, Ranking Member of the House Committee on Foreign Affairs; Rep. Christopher H. Smith, Chairman of the House Foreign Affairs Subcommittee on Africa, Global Health, Global Human Rights, and International Organizations; and Rep. Karen Bass, Ranking Member of the House Foreign Affairs Subcommittee on Africa, Global Health, Global Human Rights, and International Organizations, have introduced a resolution urging the Government of Kenya and Kenya’s political parties to respect democratic principles and hold credible, peaceful, and transparent elections next month (H.Res.449).

“The United States has long encouraged Kenya’s democratic consolidation, and I commend our Ambassador to Kenya, Bob Godec, for his work on this issue the past five years. However, with Kenya’s elections less than a month away, I’m concerned by reports of delays in preparation and the fact that there may be insufficient time to test critical voting equipment. These types of delays contribute to an environment in which the credibility of the polls could be at question,” said Rep. Engel. “We’re introducing this resolution because we consider Kenya a key strategic partner for the United States and because the potential for these elections to have far-reaching implications across the continent.”

“Kenya has had two consecutive national elections–2007 and 2013–each of which has been marked by questionable results and violent aftermaths. We call on the ruling party, opposition parties and the election commission to work to ensure that the election this August is transparent. This will enable the people to participate in a free and fair process that allows them to have confidence in the accuracy of the results.” said Rep. Smith.

“As Kenya sets to hold its presidential elections next month, it is important that Congress stresses the necessity of transparent, free and fair procedure for the Kenyan government and election officials. These elections present an opportunity for Kenya to work responsibly to mitigate violence and they also offer the country a chance to serve as an example for others in the region. I’m proud to support this important resolution and urge my colleagues to do so as well.” said Rep. Karen Bass.

Background:

Kenya is a key partner for the United States – both to promote regional security and as a hub for humanitarian assistance, finance, and transportation. Kenya will hold general elections on August 8, 2017. In light of Kenya’s recent history of contentious elections, this resolution urges the country to hold credible, peaceful, free and fair elections, and calls upon Kenyan citizens to resolve any disputes through the legal system. This resolution also supports the assistance provided by the State Department and USAID for election-related preparations, as the United States is the largest bilateral donor to Kenya’s electoral process. In addition, this resolution encourages the role that Kenyan civil society organizations have played to ensure a peaceful pre- and post-election environment and by providing critical early warning and response measures to mitigate election-related violence.

 
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Posted by on August 2, 2017 in Law, Politics

 

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The Power of an Indepedendent Judiciary

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I have been unable to update my blog last couple of weeks owing to travel doing so now please disregard if you’ve already seen elsewhere this column and the one I am posting next.

My weekend column in the Star on July 1, 2017 The Power of An Independent Judiciary:

US President Donald Trump has learned the hard way the power of an independent judiciary, which had stopped him from implementing his ill-conceived and unconstitutional ban on Muslim travel to the US. To be sure, Trump was only handed “victory” by the Supreme Court, which only revived parts of a travel ban on people from six Muslim-majority countries that he said is needed for national security but that opponents decry as discriminatory.

But the lower courts had completely blocked key parts of a March 6 executive order that Trump had said was needed to prevent terror attacks.

This is what is meant by an independent judiciary — a court system, whose decisions and actions are soundly grounded on facts and law and not doing things at the whim of the executive, something that has plagued our nation since Independence. Put another way, an independent judiciary is where litigants can go to court knowing full well in close cases, where an arbiter of facts could rightly rule one way or another, that the decision an arbiter arrives at is one that the losing side can accept as just and fair under the circumstances, and not one arbitrarily decided for nefarious reasons, not the least of which is corruption or doing the bidding of the appointing authority.

With the promulgation of the 2010 Constitution a new Supreme Court was created to lead in establishing an independent judiciary, but we know how former Chief Justice Willy Mutunga let us down in presiding over an independent judiciary, especially in the manner he handled the contested 2013 General Election. Chief Justice David Maraga has now taken over the leadership of the judiciary. But the question is, will he advance judicial independence to the satisfaction of all, or will he also succumb to the ills that have bedevilled our courts from the lowest to the highest?

That question will be put to the test after the upcoming August 8 election, where there’s no doubt Jubilee is once again busy scheming how to once again rig to cling to power.

There are two things that can save us from another rigged election, with its inevitable consequences and these are; an overwhelming rejection of Jubilee as was the case in 2002, when the country overwhelmingly rejected President Daniel Moi and his project Uhuru Kenyatta and, or two — if the voter turnout is not as overwhelming for NASA, giving Jubilee a chance to rig — for the Chief Justice and his fellow justices saying no to any rigging, by granting a petition to stop a rigged -in President Uhuru from clinging to power if, in fact, he tries to manipulate the result, and there’s evidence of that proven in the petition.

Of the two choices, an overwhelming turnout by voters in favour of saying enough is enough with yet another failed government will be the better alternative. Should that not happen, and Jubilee tries to rig, there’s no do doubt NASA will file a petition challenging the result, and it would be then upto Chief Justice David Maraga and his colleagues at the Supreme Court to prove the power of an independent judiciary, by rendering a decision consistent with the evidence before the court and the law.

One of the ominous signs we are headed into yet another rigged election with a court that is unable to justly resolve the outcome is Maraga’s recent roadside declaration, among other things, that the court’s hands are tied with the strict timelines provided in the Constitution.

This was the excuse former CJ Mutunga gave in rejecting Raila and AfriCOG’s petitions challenging the declaration of Uhuru as winner of the 2013 election.

The court can and must do better in balancing the dictates of judicial fairness and justice, and doing whatever is necessary not to make the strict timelines an excuse to deny giving effect to the will of the voters as expressed at the polls, if Jubilee were to try and rig the election again.

Anything else would be unbecoming with predictable outcome to those adversely affected.

 
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Posted by on July 21, 2017 in Law, Politics

 

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Gang Violence in Kenya Is A Problem But Extrajudicial Killing Is Not Solution

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In Gang Violence Is A Problem But Extrajudicial Killing Is Not the Solution, I make the case how the recent execution of two suspected gang members is not the solution to gang violence. I also make the case Jubilee government has failed to provide solutions for this and many other problems so it’s time to be booted from office and let the opposition led by Raila take over power and let them have a crack at fixing these monumental problems all prior governments have failed or have been unwilling to address.

And now the oped:

Donald Trump deployed uncouth tactics to win the presidential race, including blatantly appealing to racists on the far-right of American politics.

One way he did so — and this is how he launched his presidential race — was by leading efforts to discredit and undermine the legitimacy of President Barack Obama by advancing the bogus claim that he was born in Kenya and therefore not qualified to be US head of state.

The other tactic was to constantly trash the city of Chicago as the epicenter of black youth violence, as part of his attempt to appeal to racists and others as being the tough “law and order” candidate, who would get rid of the problem.

Seventy days plus into his moribund presidency, President Trump has not set forth, let alone even suggested, a single proposal to address the gang violence problem.

Nobody expects that he will, ever!

Neither is the man expected to do anything to address the problem of police brutality aimed at mostly the black youth and other minorities in the US, which increased last year and at the height of his candidacy.

There’s anecdotal evidence that youth and gang violence in Kenya is increasing to uncontrollable levels on President Uhuru Kenyatta’s watch. His Jubilee government is doing nothing to address this problem.

However, in the absence of any effective government intervention, summary execution or extrajudicial killing of even known gang members by the police, as recently witnessed in Eastleigh, doesn’t offer any solutions.

Granted, most people were in support of the executions of the two apparently well-known Super Power gang members by a plainclothes police officer because they’re fed up with these criminals who terrorize people in the area.

In other words, most people have no sympathy for these gang members, given the menace they have become in society.

That’s all true but let’s also focus on where the problem really lies — failure by the Jubilee government to create employment and other opportunities for the youth, who end up joining criminal gangs,where they commit all manner of crimes, including murder.

Jubilee has also totally failed to curb corruption, which has not spared programs intended to help the youth of this country. Indeed, the looting of more than Sh1.8 billion at the National Youth Service, which led to the resignation of the then Devolution CS Anne Waiguru stands as one of the monuments of corruption in a Kenya gone amok, though dwarfed by the Eurobond heist, of more than Sh215 billion that cannot be accounted for by the Jubilee government.

The solution to the escalating gang violence problem is therefore not extrajudicial killings, but ushering in a new government come August 8. A government that can address not just gang violence but the rampant corruption that’s now the worst ever in this country, and has prevented the government from addressing the needs of the people.

As Prime Minister, Raila Odinga was instrumental in the establishment of programs intended to alleviate youth unemployment and food insecurity, with the flagship project being the Kazi Kwa Vijana initiative.

KKV quickly became a casualty of corruption kingpins in the then Grand Coalition government. And later, as Raila would point out, senior officials who controlled the Ministry of Finance and aligned to President Mwai Kibaki killed the KKV program, along with others for fear it would succeed to the credit of Raila and his ODM wing of government.

Raila says he’s committed, now more than ever, to not only resume where he left off as Prime Minister with his half-loaf in finding lasting solutions for the country, but also promised to deliver immediate solutions to address the disgraceful high levels of youth unemployment in NASA.

 
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Posted by on April 9, 2017 in Law, Politics, Uncategorized

 

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Jubilee Election Law Evidence of Rigging

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In Jubilee Election Law Evidence of Rigging, I make the case the recent shameless ramming through of new election laws was illadvised and backward.

Exerpts:

Japan sits in one of the most earthquake prone regions in the world so after many decades of research, the country now also has the most advanced earthquake early warning system that already prevented widespread injury and saved thousands of lives.

In other words, when the Japanese realized Mother Nature is never going to give them a break from these disastrous earthquakes, they did not throw up their hands in exasperation and say there was nothing they could do; rather, they went to work devising not just early warning technologies but also better building codes to deal with the menace.

Earthquakes are to Japan what rigging is to Kenya so, like the Japanese, the opposition must study the warning signs of rigging and devise ways to counter it as effectively as the Japanese have done to earthquakes.

Jubilee MPs just shamelessly rammed through amendments to the Election Law that are designed to give their party legally sanctioned opportunities to rig.

So, the better response has to be first and foremost the opposition coming together and then formulating a strategy to defeat Jubilee much as was the case in 2002 when the opposition united to defeat Uhuru then who was considered Moi’s project to extend his presidency.

There’s a simple formula for this to be done; reward Raila for his life-long quest to make Kenya a better country by making him the flagbearer for the opposition much as the person he toshad was in 2002 but edge an agreement in stone that his will be a negotiated one term presidency and hand over the mantle to his successor in 2022 who will be nominated by ballot in the new coalition primary election or whoever can convince the other leaders in opposition to endorse him or her.

If that is done, no amount of rigging will keep Jubilee in power beyond 2017.

Saying no amount of rigging will keep Jubilee in power beyond 2017 recognizes in that assessment the presumption that the newly minted Chief Justice David Maraga and a majority of his colleagues like Justice Lenaola who have always demonstrated their soundness in judgment based on fact and law, not emotions or inappropriate influence, will do the right thing and refuse to validate rigged elections where there’s glaring evidence of same presented.

The shameless ramming through of these undemocratic and backward amendments is Exhibit A of that evidence.

 
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Posted by on December 30, 2016 in Law, Politics

 

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Can IEBC Chair Be Fair and Impartial?

iebc-scales-of-justice

In A Fair and Impartial IEBC Chair?, I make the case it’s possible but those charged with the responsibility to pick the next chair of this important body must do the utmost in screening and selecting only an incorruptible person who can ensure we once again have a fair and transparent election even half as good as we had in 2002, the only time it can be said we have not had an election riddled with rigging and all manner of corruption as to negate the will of the majority of the voters going to the polls as we have always had as the case going back to our country’s independence.

Excepts:

When President-elect Donald Trump was in the middle of his campaign, a political analyst in the US said Trump lied like a thug, daring anyone to challenge him, while Hillary Clinton was more nuanced in her lying, leaving room to explain away the lie, being the good lawyer she is.

Fast-forward to the 2007 and 2013 general elections and one cannot but conclude the Kivuitu who chaired the ECK in 2007 goes down in history as having presided over the most flagrant, in-your-face rigging of an election and, worse one who, like a thug, dared anyone to challenge him.

For his part, when Issack Hassan was selected to chair the Independent Electoral and Boundaries Commission in 2011, he presided over questionable elections in 2013, where the rigging may not have been as in your face as was the case in 2007 but, like the smooth lying by Clinton, giving herself plenty of room to wiggle away, Hassan, too, pulled off serious rigging with plenty of room to explain away much of the irregularities that took place.

The onus is on those charged with the responsibility of finding one to do so and with urgency for, surely, we don’t want the IEBC once again being led by those capable of smiling at us while bludgeoning our feeble democracy to death, if not creating forces that literally kill Kenyans.

 

 
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Posted by on December 2, 2016 in Law, Politics

 

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Chief Justice David Maraga and what lies in wait

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In CJ David Maraga and what lies in wait…I share my thoughts on what I believe the most important task for the CJ will be as he assumes office as our next and new Chief Justice and how how he handles that task will define his legacy while at the same time offering evidence of whether or not we finally have a truly independent judiciary that can be counted on to render judicial judgments and decisions based on facts and the law.

Excepts:

We are now coming up to the next general election and one can be as sure of two things as sure as the sun rising in the east and setting in the west and these are: (1) there will be election fraud and (2) the losing candidate other than the sitting president will file a petition to challenge the results.

This means, like now retired Chief Justice Willy Mutunga before him, Justice David Maraga will as our new Chief Justice have as the biggest test and therefore definition of his legacy how he handles the surely to come petition challenging the election of president in 2017.

That may be how the former Chief Justice [Willy Mutunga] wishes to be remembered but its more convincing that Mutunga will be remembered as the Chief Justice who presided over the worst decision in our country’s history and one need not be reminded what that decision was.

For more, follow the link above to the column in the Star.

 
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Posted by on November 26, 2016 in Law, Politics

 

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The Evil That Must Be Defeated In Kenya

 

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My resumed column published in the The Star:

As we have sped past 52 years since our beloved country became independent, those who have been alive at least that long recall being taught in school how the colonists came with a Bible on one hand and a gun on the other.

They then went on to colonize us and the rest of Africa, utilizing the strategy of divide and rule.

For those who don’t know, divide and rule strategy is accomplished by breaking up larger concentrations of power into pieces that individually have less power than the one implementing the strategy in order to gain and maintain power and control over the subjects. As stated in the Journal of Socialist Theory the primary objective in this strategy is to prevent smaller power groups from linking up, causing rivalries and fomenting discord among the people.

Among the elements that comprise this strategy include, “creating or encouraging divisions among the subjects to prevent alliances that could challenge the sovereign, aiding and promoting those who are willing to cooperate with the sovereign and fostering distrust and enmity between local rulers.”

If the white man succeeded in implementing this strategy throughout their rule in Kenya and elsewhere in Africa, the Africans who succeeded them in post-colonial times took the concept even further and made it a mainstay of our post-independence politics.

So much so such that today, when we talk of democracy in Kenya—or Africa for that matter we’re not talking of democracy as understood in Western parlance but a system of rule solely predicated on this divide and rule concept better known and understood as tribal and ethnic based politics.

All of this is perfectly understandable; what is incomprehensible is, why would a generation of people born post-independence not only fail to see and reject this antiquated notion of manipulation and control but, worse, why on earth would they embrace it as they do much to the detriment of not only their own interests but to the detriment of our beloved country’s interests.

This is not a rhetorical question but one every Kenyan of voting age should and must ask and answer as we head to another general election come 2017.

It is extremely depressing, saddening and at times simply annoying to see young and older people in social media and elsewhere so entrenched in their tribal cocoons and many to a man and woman shamelessly defending the ineptness, incompetence and corruption of the Jubilee government which all of us as Kenyans must admit, if we are to be honest, that they have failed not only to perform as promised, but they have also failed worse than any government before them.

Those who follow American politics know the country is undergoing a political season unlike anything they have seen in their life time and unlike anything that has happened in the country’s 200+ year history.

A demagogue by the name Donald J Trump has tapped into nascent racism and bigotry that has been percolating undetected in the country with a promise to “make America great again,” which is code for returning America to its racist past.

This is nothing but application of divide and rule that has been successful everywhere it has been applied but as we shall find out a week from today, this time the strategy will fail and the demagogue will surely be sent packing to wherever he came from.

The strategy will fail because a majority of those going to the polls would make the case enough of the nonsense, one cannot possibly ride on racism and bigotry to power and there are more of those who believe this than the racists and other cult-like followers of the demagogue.

It’s precisely what’s needed in our own beloved Kenya, namely, a majority of voters going to the polls come 2017 and saying, enough of the tribal and ethnic based politics, enough of being ruled by inept and incompetent governments and leaders who promise the moon when vying for office only to deliver nothing but more misery, hopelessness and poverty for everyone except themselves and their cronies.

This is the only way we can save our beloved country.

 
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Posted by on November 6, 2016 in Law, Politics

 

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Those Saying Hillary Lied Are The Ones Lying Or They’re Profoundly Ignorant Of the Facts

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A Hillary hater critic sent me a Daily Show Youtube clip in which the show’s host absolutely “destroys” Hillary for “lying” based on what FBI Director James Comey said in his presser excoriating Hillary only saving her the ultimate excoriation were he to recommend her indictment, which he didn’t,stating the evidence did not suggest that she did anything she could be indicted under the applicable law.

I have both “destroying” and “lying” in quotes because the truth is, for anyone who knows or understands the facts and law in this case, what Trevor has brilliantly done is to smear Hillary based on his genuinely not understanding the facts and law in the case which both actually support the opposite conclusion as to lying, namely, Hillary did not lie as Trevor claims, parroting a lie that is being peddled by mostly the right wing media but also equally ignorant or lying MSM reporters and pundits.

Here’s a breakdown for you to make my point:

In the clip, Trevor uses Hillary’s own words she has been saying and contrasts that with Comey’s own words contradicting them and thus leading Trevor and others reaching the same conclusion, namely, if what Hillary is saying is contradictory to what Comey is saying she must therefore be lying.

Not true.

Both Comey and Hillary are telling the truth.

Hillary says she did not send “any classified material to anyone on [her] email.” Comey says “110 emails in 52 email chains have been determined to contain classified material at the time they were sent.”

However, Hillary has also been saying she did not send or receive any emails that were “marked” classified, it is true as Comey says that there were classified emails sent or received at the relevant time, but it’s also true as Hillary says she did not receive or send classified emails because they were not so marked as Comey confirms!

Comey, however, took exception to this, namely, Hillary saying none of the emails were not marked as “classified” saying even though these emails were not so marked, a reasonable person and therefore Hillary should have known the content of the email was classified information.

Indeed, this is mainly the reason why Comey excoriated Hillary that what she did was “extremely careless” even though not to the level of gross negligence required for criminal prosecution.

At the same time, Comey also said something that was extremely damning and initially provided the evidence that Hillary lied when he said a “small portion” of these emails were found to bear markings, which obviously directly contradicts what Hillary and those of us who have followed this closely said to ourselves, “that’s bad; no way both can be true.”

However, thanks to the stupidity of Congressional Republicans hauling Comey to testify but really as a means to discredit this highly regarded and respected civil servant—thanks to that stupidity Comey provided new information that completely removes this as a contradiction and makes what Hillary said about it not a lie.

As it turns out, the “small portion” that Comey was talking about were 3 emails out of more than 30,000 Hillary received and sent that were marked classified.

However, Comey under questioning from a sharp Democrat admitted that the markings in those 3 emails were not in conformity with rules governing how classified communication should be marked and, more importantly, Comey admitted that a reasonable person could have reached the same conclusion as Hillary did that these emails were not classified!

In other words, Comey shreds to pieces the charge that Hillary lied about not receiving marked classified emails because paltry 3 found to be marked were incorrectly marked to make what she said true despite what Comey said to the contrary.

As icing to the cake, Comey also admitted in this moronically called hearing what would have otherwise received little notice, namely, the fact that the State Department said the day before that 2 of those 3 emails did not after contain classified information because the classified marking the bore—incorrect as it were, were in error to begin with!

Meaning, there’s only 1 email out of more than 30,000 that bears a classified marking but as noted above, that marking was incorrect therefore leaving intact and true what Hillary has been saying about not receiving or sending emails marked classified.

The clip next shows Hllary saying she “provided all [her] emails that could be possibly work related” to SOS after being asked to do so but Comey says in the clip “several thousand that were not among the group of 30,000 emails returned.”

From this, Trevor and others charge that Hillary is therefore lying about this; how could she say she turned in ALL her emails when Comey found “thousands more” that were not turned in?

The answer is simple and Comey actually provided it in his presser except those eager to depict Hillary as a liar have no time to hear what he said, don’t care or the lying narrative is good for business, which is exactly the case in this Trevor clip.

Truth is, Comey said himself he found no evidence that email withheld any emails and provided an explanation for the additional emails found could have simply the case of technical inability to capture all emails in the various systems Hillary used over the 4-year period.

In other words, Hillary did not lie about this because at the time she said it, she actually believed she had produced all emails that could be possibly official email.

Hillary is next shown to say, they “went through a thorough process to identify all work related emails” but Comey says “lawyers doing the sorting did not individually read the content of all of her emails.”

Again, both are true and Hillary is therefore not lying about this either because the process her lawyers utilized to make sure all work related were identified and produced was “thorough” but you can’t compare that with resources at FBI disposal which is obviously more thorough but doesn’t mean the process Hillary used wasn’t thorough as she says it was therefore no lie here.

Hillary says she “thought it would be easier to carry just one devise” but Comey says she “used numerous devices. Again, no lie here because Hillary is talking about why she initially set-up her private server and her using a single device was part of that rationale even though she obviously later used more than one device.

Hillary has been saying “there were no security breaches” but Comey says “it’s possible hostile actors had access to SOS personal email account.” Again, anyone who bothered to listen or read the transcript of what Comey said would know there’s a simple explanation for this that makes both what Hillary said and what Comey said to be true, which means she’s not lying on this either.

Recall the server Hillary was using is that of her husband, the former president of the United States and therefore you would have to expect this is not some jua kali system as everyone who hates Hillary would have you believe and she has repeatedly said what was, in fact, confirmed that the system had safeguards to ensure security and was NOT HACKED despite numerous attempts.

Indeed, Comey specifically said they found no evidence of hacking but added the superfluous her critics are trying to milk, namely, that “it’s possible” the system could have been breached and they just couldn’t find the evidence but that was an irresponsible statement because it puts Hillary in a position to prove a negative in order to reconcile what she said and what he said.

However, for purposes of whether Hillary “lied” about this, what Comey found and said is enough to reach the conclusion she did not.

Given this sound analysis, it should be clear to anyone watching this clip that it’s not Hillary who’s lying but those who are saying she’s lying are the ones lying question is why?

Only three possibilities: (1) They hate Hillary therefore to them facts don’t matter or (2) they’re just lazy to take time to learn and understand all the facts or (3) they’re simply parroting the right wing lies to up their own ratings, Trevor is guilty of one or two of these hint: he doesn’t hate Hillary.

Please note I have provided more info that’s in the clip because that’s what a good analyst does and now the reader knows nothing but the whole the truth.

As I have been saying, now get ready for our next president of this already great country Hillary Clinton because a majority of voters just won’t allow the bigoted clown to become our president, especially more so under this climate we urgently need a coming together not reversing to the ugly past where bigotry and discrimination reigned unabashedly.

 
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Posted by on July 8, 2016 in Law, Politics

 

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Republicans Have Once Again Not Disappointed In Proving Their Tone-Deafness

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Angry that FBI Director James Comey eviscerated their last hopes of derailing or altogether killing the presidential hopes of Hillary Clinton by not recommending her indictment, Congressional Republicans hurriedly called an “emergency” hearing and hauled Comey to Congress to berate him on his intellectually, factually and legally sound decision to not recommend indictment of the Democratic Party presumptive nominee and Republicans’ worst nightmare, the aforementioned Hillary Clinton.

The whole rationale—if one can call it that, for hauling Comey to Capitol Hill was simply to discredit him, which is moronic on so many levels.

For one, Director Comey is probably the only person in government there has been unanimous agreement by everyone that his honor and integrity is unassailable.

Unassailable, that is, until the man made a decision informed by facts and law not to indict Hillary, which suddenly unleashed all manner of derision and unprecedented efforts to discredit the man.

Indeed, every one of these same Republicans now trashing and discrediting Comey have all along said that they had total confidence in Comey thoroughly investigating the matter and making the “right” recommendation to the Attorney General as to his factual findings and conclusions.

The “right” decision that is, if it was a decision to recommend indictment which is the only decision these hapless partisans wanted from day one regardless of what the facts turned out to be.

Now that the decision Comey made was not to indict, the condemnation of both the decision and the man has been swift and severe and more so during the hastily arranged “emergency” hearing today.

I actually delayed a meeting I was to have this morning for two hours just so I can at least watch the proceedings, which I did but had to leave after about two hours fully satisfied the hearing was probably the best thing Hillary could have wished for today, given what I observed and twitted immediately to the Chair of the Committee holding the hearing Jason Chavetz when he finished his questioning Comey, “@jasonthehouse you look shaken perhaps realizing hauling #Comey to testify was bone-headed decision given he has dessimated your rationale.”

Then I heard Rep. Gerry Connolly render one of the best exposure I have heard anyone give exposing what a sham all these hearings have been and shamelessly set up simply to bring down Hillary and each has failed miserably and actually one can argue combined they have actually had the opposite effect.

After two hours of watching, I left for my meeting knowing as I note above this was a good day for Hillary for several reasons, not the least of which is, by hurriedly holding the hearing, the hapless Republican partisans gave Comey an opportunity to explain his decision in manner that took the sting away from what he said in his presser in which he announced his decision but in a manner so painfully excoriating for Hillary it would have taken a long time to heal but the wounds are quickly healing thanks to the stupidity of these hapless Republicans.

I have now watched the entirety of the hearing and reconfirmed what I earlier concluded, namely, Republicans once again have snatched defeat from the jaws of victory largely owing to their bone-headedness or political ineptness, whichever you fancy.

I am not just saying that; it’s actually the case.

For example, thanks to the hearing, we now know several facts that completely undermine what case the Republicans were hoping to make against Hillary, based on what Comey said the other day.

There’s no need to go through all of these facts and explanations Comey provided that actually lessen the sting on Hillary from his presser the other day but here are just the highlights that go to the core of the case the bigoted Clown and therefore Republicans were going to make or will still make against Hillary.

First, Republicans and their right wing media echo chambers have been shouting to hoarseness since Comey gave the presser that what he said proved that Hillary lied and has been lying about the emails.

Indeed, the hapless Republicans went further today and accused Hillary for lying under oath when she testified about these issues during the sham Benghazi hearing.

To their chagrin, Comey, in fact, expressly said Hillary did not lie!

Stunned, Committee Chair Chavitz asked Comey if he was aware that Hillary had lied to the House and whether he was going to investigate her for that.

By asking the question, Chavitz demonstrated in seconds how incompetent he is as Comey slapped him back, “there has been no referral made by the House.” “Oh, you mean we need to do that—well, we’re sending one today,” Chavitz shot back almost giddy about yet another investigation of Hillary!

Small problem and one of the many reasons why hauling Comey to testify was moronic: Comey in his testimony tore to shreds the basis for such referral because he offered an explanation why what Hillary said under oath is not perjury even if it’s in contradiction of what he said!

Comey also provided testimony and new facts and information in response to several questions that make the other charges of lying under oath the tone-deaf Republicans have referred equally moot.

In other words, once the DOJ receives the referral to investigate Hillary for “lying under oath,” the Attorney General will reject the referral with a one sentence explanation anyone other than a moron would understand which means only a moron would have made the referral to begin with but, as we have seen, Congress is not without a shortage of them.

Time allowing, I will soon post a more detailed analysis as to why but take it to the bank despite what you’ll be hearing ad nauseam to the contrary from the right wing and by some ignorant reporters and pundits in MSM parroting the same, it just won’t be the case the facts are as follows:

One, Hillary did not lie about not sending or receiving classified email despite Comey saying she did receive or send about 100 emails that were classified among the 30,000+ emails she sent or received because she didn’t know at the time she sent or received them that they were classified. Comey says a reasonable person should have known that they were but he also says he didn’t find any evidence that she knew they were classified and sent or received them anyway (lack of intent).

Two, Hillary did not lie when she said she did not receive or send emails “marked” classified even though Comey initially said and repeated today that a “small portion” were so marked. She did not lie because Comey explained today that there were only 3 emails that were so marked out of the 30,000+ that she sent or received but they were not properly marked such that when asked, Comey acknowledged a reasonable person could have concluded they were not marked.

Even better for Hillary, 2 of those 3 emails were mistakenly marked as classified and they’re no longer classified, leaving only one marked classified but even that one is improperly marked therefore, with Comey’s explanation and DOS clarification yesterday, it’s true as Hillary has been saying and testified to that she did not send or receive emails marked classified.

Three, you’ll hear that Hillary “falsely testified under oath” that she returned all official emails to DOS when Comey says they found “thousands” of emails that were not returned. However, as Comey said in his stinging presser, he did not find any intentional withholding of these emails and offered there were a number of plausible explanations as to why these emails were not captured and returned.

Comey also found in a related finding that he did not find any criminal wrongdoing by Hillary or her lawyers deleting emails they deemed personal.

In sum, once again Republicans have found a way to overreach and snatch defeat from the jaws of victory by hauling Comey to Congress to discredit him only for him to make an even stronger case he made the other day why he made the recommendation not to indict and in doing so, provided enough new information and facts that removed the sting of his excoriating presser.

No one could be happier about this than Democrats in general and Hillary in particular.

In a few days, this will be largely forgotten even though as some of us always say, never underestimate these hapless Republicans to outdo themselves in their bone-headedness elections are in still a few months away so be on look-out for their next overreaching but meanwhile enjoy the circus from their leader if he survives the coup currently being plotted against him.

Again, no one could be happier than Democrats in general and Hillary in particular given all this, especially given who her opponent is—yes, the bigoted clown who must and shall be defeated come November to return to wherever he came from.

 

 
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Posted by on July 7, 2016 in Law, Politics

 

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