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Kethi Kilonzo High Court Case Against IEBC

Kethi4

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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Jubilee’s Fortunes In Rift Valley Are Dwindling As Raila and Cord Gains In The Region and Elsewhere

CORDleaders

In Jubilee’s Fortunes In Rift Valley Are Dwidling As Raila Gains published yesterday in the Star, I make the indisputable case as to why. With this new turn of events in the area, there is no question Raila is headed to reelection but this time being sworn in as our next president.

I have been urging everyone to start practicing saying His Excellency President Raila Amolo Odinga or get used to hearing those majestic words for years to come, beginning tomorrow.

That’s good counsel based on facts that should be heeded by those who have not.

 
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Posted by on March 3, 2013 in Politics

 

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Our Brothers and Sisters From Kikuyuland Must Give Us A Break From Yet Another Kikuyu Presidency

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Is it fair or right for a country of more than 40 tribes to be led in all of its history by only two communities which exchange presidential leadership?

The answer is clearly a resounding “NO.”

Since independence, Kenya has been led by the Kikuyu, who have dominated presidential leadership and the Kalenjin, who luckily got in between on account of Kenyatta naming Moi as his vice-president, not with a view to one day succeed him, but altogether for different reasons.

Moi just managed—and initially barely so—to cling to the presidency upon Kenyatta’s death.

No one expected Moi to last more than the constitutionally provided 90 days within which a new president was to be elected—or more accurately, selected among the ruling class, elections merely being a rubber-stamping of some kind.

Thanks to the likes of the eminent Briton who never was Sir Charles Njonjo, Moi quickly figured how to entrench himself as president and the rest is history, including the fact he ended up ruling our country more than Mzee Jomo Kenyatta.

Moi was, of course, succeeded by Kibaki, another Kikuyu as our next president.

Interestingly and really the point of this blog, Moi himself preferred another Kikuyu and none other than Kenyatta’s son Uhuru to succeed him.

Thanks to efforts by political giants like Raila, Moi’s Uhuru project was resoundingly rejected by Kenyans who ushered in Kibaki in a euphoric election of 2002 which many believed would lead in transforming the country.

They were wrong as soon after being sworn in as president, Kibaki defaulted to yet another tribalist president stuffing all key government positions with his cronies and other members from his community.

So much so one embassy was staffed by members from his community, one passing by and hearing ordinary day to day chat in the office would be rightly mistaken to believing they were deep in a village from Kibaki’s neighborhood.

With the dominance in presidential leadership, so has been the case in the allocation of resources in the country besides jobs, which clearly and indisputably favor the Kikuyu community.

This is simply neither right nor fair as other communities are left to scramble for crumbles, if at all.

One of the reasons Raila has been mercilessly opposed in the Mount Kenya region is because there are many there who believe presidential leadership belongs there and no one should even bother seeking to yank it from them.

Uhuru, for his part, believes presidential leadership is his birthright.

Both notions are wrong for several reasons.

First, Kenya as in many other countries has never embraced dynastic rule, even though one can argue that the dominance by one community in presidential leadership is no different from a dynastic rule.

Voters must reject this notion of dynastic rule come March 4, 2013.

Second, underlying the thinking among those who hold the view presidential leadership belongs to the Mt. Kenya community is this sense of misguided belief that one community from that area is particularly superior to all others, which is pure nonsense.

It’s actually this kind of thinking that has created hatred and animosity among tribes of all manner in many countries, most notably Rwanda where the 1994 genocide is attributed to this backward superiority based ethnic and tribal divide.

Third, closely related to this backward superiority thinking, is tribalism.

There are those from the Mt. Kenya region who believe that no other tribe other than theirs can lead the country.

This is obviously so wrong and backward there is no need to elaborate as to why other than to say we are all Kenyans and each community has the right as any to have a president elected from within its community.

To say this or that community cannot lead a country is both nonsensical and primitive those holding the view must be ashamed, if they have any shame at all.

Fourth, there are those who argue it’s discriminatory or a form of tribalism to urge Kikuyus to give us a break from yet another presidency from the community.

This is simply not the case; there is nothing discriminatory, divisive or tribalist in making the plea or holding this view.

Indeed, there are many from the very same community who have made the same plea and see nothing wrong with it, which there isn’t.

This is just a question of fundamental fairness to say other communities also must be given the opportunity to lead the nation.

It’s also a question of fatigue; we are simply tired of being led by one community.

This is not even a phenomena confined to Kenya as other countries have much come to the same conclusion as to their own presidential leadership.

In the United States, for example, former president George H Bush was followed a few years later by his son George W Bush as president—this in a country with a population of more than 300 million.

When George H Bush’s other son and former governor of Florida Herbert Bush wanted to run for president in 2012, he was prevailed upon by people who told him it was not a wise move because Americans were simply tired of being led by the Bushes and besides it was akin to trying to create a ruling dynasty, which Americans long rejected.

Hebert Bush heeded the advice and did not vie and rightly so.

Someone should have prevailed on Uhuru not to vie for the same reasons but that would have been an exercise in futility as the man is determined to vie for reasons that go beyond his belief the presidency is his birthright or that the same belongs to his community.

Fifth, the constitution attempts to force this issue of not having one tribe win the presidency merely due to its numeric majority by the strict requirements as to who can be sworn as president, especially in its regional vote requirements but that’s not enough to prevent yet another Kikuyu from being elected as president, at least not this time around, given we have already had two presidents from the community.

It’ll take the wisdom of Kenyans going to the polls on March 4, 2013 to make that happen as it should.

Again, there is nothing tribalistic, divisive or discriminatory in urging our brothers and sisters from the Kikuyu community from giving us a break from yet another presidency; this is just a question of fairness and fatigue anyone objective would have to see it that way.

As others have said before, the election of Raila Odinga as our next president will go a long way in ending tribalism and his harvesting of votes in the former Central province will be key in that outcome.

Thus, those from the region must ask themselves is it in the country’s interest to end tribalism and if so, would they like to be a part of that eventuality which is certain to come, anyway.

On the other hand, the election of Uhuru Kenyatta will be condemnation of the country to dominance of one tribe at the expense of all others, which is unfair, not right and undemocratic notwithstanding its occurring in a democratic process.

 
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Posted by on February 27, 2013 in Politics, Uncategorized

 

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Radio Presenter Joshua arap Sang’s Endorsement of Raila A Big Boost for Raila–An Update

joshua sang

I have been blogging quite a bit on this game changing Ruto’s reconciliation with Raila and Joshua Sang’s endorsement of Raila in other Kenyan blogs and forums I thought I share here some of the blogging:

[To someone suggesting Sang has no votes for Raila]

You missed the point; it’s not the number of votes Sang has that matters, it’s what he said that does and no doubt will move huge number of votes to Raila column.

I know Synovate is coming out with their latest numbers tomorrow but they may have to go back and redo the exercise to reflect movement of votes in RV that’s already occuring thanks to Ruto and Sang signalling to the Kalenjin vote for Uhuru at their own peril.

[To a Raila supporter]

Lee,

This is what we have been saying all along but nobody believed us.

The Kalenjin are saying enough of the lies now we want the truth about who’s serious about addressing our issues and they are concluding in large numbers that person is not Uhuru but Raila.

The voting will reflect that fact as Raila is reelected but this time sworn as president.

Raila has been saying Mambo Bado but I am not sure people knew what he was talking about; this is just the beginning of many strategic executions in the remaining few days to Election Day to make sure Raila is reelected but this time sworn as our next president–in Round 1, if I may add as a reminder to those who have forgotten we have been saying all along there will not be Round 2.

[To a supporter noting Raila’s masterly of political strategy]

In politics, timing is nearly everything. These things don’t happen in a vacuum; you can assume they have been in the making and many others to follow before Election Day.

A reliable source tells me Infotrak, which is to release its numbers tomorrow has been pondering whether to delay the release and redo the survey to reflect both Ruto’s public reconciliation with Raila and now Sang’s significant and loud declaration of the truth many have known for a long time–it really doesn’t matter because we know these two events and others to follow will in the end be the key defining moments of 2013 elections.

Stay tuned.

[To a UK supporter still believing UK can carry more than 70% of the RV vote]

You can take it to the bank Uhuru would not garner even close to half of what he and others who don’t understand the dynamics of RV have been counting on.

He can walk tall with his head up after he loses if he harvests 30% in RV, which is less and less unlikely.

You have to take these two events of Ruto reconciling with Raila and Sang endorsing Raila to mean even the two have come to accept what has been said openly in the region since Ruto abandoned his presidential bid to play second fiddle to UK–an anathema to most Kalenjins,especially the wazees who drive the votes.

BTW, Raila is not winning the propaganda war; he’s winning the battle of who is best suited to lead our country this time and most Kenyans agree he is. He’s merely winning over those who may have had their doubts, legitimate or not.

The truth and fact to be soon confirmed is this thing won’t even be close and will be over with in Round 1 with Raila and Cord emerging at the top much as was the case in 2007, the difference being this time around Raila will actually be sworn as our next president.

Those majestic words are appropriate to start practicing by those who have been in doubt or having their heads buried deep on the ground–or let them prepare to hear them for a long time to come beginning next week.

[To a Raila non-supporter insinuating Raila cannot get more than a few votes in RV]

No Maryanne, I am not saying that the whole of Rift Valley has now moved with Sang to Cord; I am, however, telling you the two events, Ruto’s reconciliation with Raila and now Sang’s open and loud declaration of the truth about Raila and issues dear and near nearly all Kalenjins, especially the wazees who will determine the vote, are major boosts to Raila’s fortunes in the area it’s impossible for Uhuru to reverse them–even with his reluctant running mate.

Notice how muted Ruto has been lately, going back to late last year and that will tell you something; the man is practically endorsing Raila in his actions, or more importantly, his inaction.

He (Ruto) is not stupid; he’s in fact, a very shrewd politicians who knows how to hedge his bets.

Right now, he’s hedging his bets that Raila is unstoppable and thus how he has not been passionately promoting Uhuru in RV and did not even bother to have URP open offices in Uhuru’s backyard.

If you recall, I blogged some time ago if Ruto were to decline the offer from Raila to rejoin ODM, I would state publicly why he would do so despite what he would and did give as a reason.

I subsequently hinted at it and that’s really what is at play.

But for that, Ruto will be fully Corded today but that’s okay, he’s and will do what he can to make sure the presidency doesn’t go to his running mate and that’s evidence of a smart politician, which he is.

[To someone claiming he had talked to a former Belgut MP about Sang’s endorsement and claims the former MP “laughed his head off” even as they did not finish the conversation]

Had you finished the conversation, you’ll have been shocked the laughter turned into serious and loud wailing; the man is probably desperately trying to reach Raila in continued and uncontrollable sobbing.

 
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Posted by on February 26, 2013 in Politics

 

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Raila and Ruto Publicly Forgiving Each Other A Good Thing For Both, Especially and Especially For Raila

Raila and Ruto at prayer rally

Raila and Ruto publicly forgave each other at Dr. David Oduor’s prayer rally.

This was a significant act for several reasons.

First, it shows that even among enemies, real or otherwise, forgiveness is possible.

Second, given the history of these two men, and particularly given Ruto’s relentless attacks on Raila largely based on falsehoods, Raila comes out as yet again put country first and himself second by apologizing to Ruto when there was little he really needed to apologize for.

This is akin to a couple agreeing to apologize and let go of an issue they know they are right for the sake of peace, which is nonetheless commendable for the peace is worth it.

Third, Raila and Ruto forgiving each other publicly will have a positive effect on Raila in RV because it’s a way of Ruto signalling to the Kalenjin community Raila is after all not as bad ad he had made or tried to make him come across to those who follow him.

In essence, Ruto is saying to the Kalenjin community vote for Uhuru at your own peril.

This is true notwithstanding the fact Ruto is Uhuru’s running mate because even he deep inside knows a Uhuru presidency does not have much promise for him (Ruto), let alone the Kalenjin community and all Kenyans for that matter.

On the other hand, a Raila presidency does, in fact, have promise for all, including Ruto who will certainly fare better under a Raila presidency than Uhuru Kenyatta’s.

Let’s all commend the two leaders especially Raila for this act of brotherly love.

 
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Posted by on February 26, 2013 in Politics

 

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Miguna’s Second Book Will Be A Big Flop Much Like The First One For The Fundamentals Are The Same

Miguna in Mombasa

Miguna Miguna is set to launch his second book on Saturday in Nairobi he calls Kidneys for the King; deforming status quo.

Like his first “volcanic” collection of tales small and big that was anything but and flopped as we predicted, this one too shall be a flop for several reasons.

To begin with, Miguna lost his credibility as a truth teller when he promised so much ahead of the publication of his first book only to deliver nothing but a hatchet job on Raila that did no damage to the man even close to what Miguna had hoped.

There is no doubt in any objective person’s mind that the first book Miguna wrote was a vindictive, seething at the mouth shouting of things that were either not true or simply exaggerated with the sole intention to damage Raila while trying to prop up Miguna as the savior of the world, neither of which succeeded.

This attempt did not succeed because Kenyans, save for those who hate or can’t stand Raila are a fair people and know a hatchet job when one is delivered and dismiss accordingly as was in this case.

Not much is remembered about this book other than perhaps that Miguna is bald.

It was noted by astute observers that Miguna could not have possibly had any secrets of the government he could reveal, given his relatively junior position he held as advisor to Prime Minister Raila Odinga.

The other reason those predicting Miguna’s failure to deliver on his lofty promise in the first book and now proven right was based on the fact that Miguna basically told us all about what was in the book before it was released, leaving nothing to look forward to in reading the book.

Miguna put the final nail on the coffin when he shamelessly peddled sex stories in the book that have no place in any serious book or narrative.

This writer recalls talking to someone not a supporter of Raila at the time who told him he was not interested in reading the book after what he heard Miguna said in it about these sex stories. This is a view many held who never bothered to buy or read the book other than those prone to salacious and made up slanderous gossip.

For these and many other reasons, not the least of which was the arrogant, chest-thumbing manner in which Miguna conducted himself during the book’s launch, Miguna’s first book was a flop as predicted.

Having exhausted his first 15 minutes of fame, Miguna now seeks a fresh 15 minutes of fame with the publication of his second book.

Again, as noted above, this second book, too shall fail for some of the same reasons the first one failed.

For example, it’s obvious Miguna is still a man with an ax to grind against Raila; he thinks of nothing and dreams of nothing better than to damage Raila for having unceremoniously terminated him.

It should be remembered, however, that even as Miguna was trashing Raila and accusing him of all manner of corruption and incompetence, Miguna actually agreed to return to work for the same man when Raila was prevailed by others to do so.

That act alone shattered any credibility Miguna may have had in “peeling back” the purported mask of Raila.

As noted at the time, the only mask Miguna ended up peeling was his own as a vindictive man who thought too highly of himself than he is or ever will be.

Miguna once again places himself at the highest level of importance he is not in his second book by claiming in the book that he and only he has the evidence to have Raila charged at the Hague but in his warped view, the ICC is not interested in this evidence, which is such a stretch and self-elevation to high importance only Miguna can muster.

It also begs the question; if Miguna is this important a witness and has had this evidence, why did he hold on to it until he was unceremoniously shown the door to bring it up?

Does this not tell you everything you need to know about this man that he is either a big liar or one quite ready and willing to say or do anything so long as he believes it would damage Raila?

The answers are obvious and more so the reason no objective person can ever take Miguna seriously in anything he says about these things, especially as they relate to Raila—the man Miguna is trying to damage but will not succeed.

Besides once again elevating himself to high importance, Miguna also suffers the same credibility problem as in the publication of his first book on grounds he purports to authoritatively speak of things he really knows very little about or has no basis to know more than any average person observing these things.

It is reported in the news that Miguna intends to portray Raila as not being the reformist everyone knows him to be.

The problem is, everyone knows Raila to be the reformist he is and there is nothing only Miguna is privy to that changes that fact and this is true even considering Miguna served as a junior staff at the PM’s office.

There are hundreds of others with access to the same information and access Miguna had but none of them can claim as Miguna has that Raila is not the reformer he is based on that knowledge, access or information.

None because it’s a fact and truth that Raila is a proven reformer unlike any of those vying for the presidency the only thing Miguna can attempt to do, is to smear and tell tales in the hopes they can damage Raila’s image as a reformer.

As in the first instance where Miguna miserably failed to depict Raila as corrupt, so too will this second effort to damage fail to depict Raila as not the reformist he is.

Miguna then tries to depict Raila as having ill-gotten his wealth.

This is laughable besides not being true.

If there is anyone in Kenya who has legitimately gained his wealth and not by looting, it’s Raila Odinga and this is not disputed even among some of his critics.

Finally, but not least, Miguna claims in his new hatchet book that Raila never graduated from intermediate school and that therefore his academic qualification, including his earning his degree as an engineer is somewhat suspect.

The only thing to be said about this nonsensical assertion other than it’s shameless one can go down that far in another man’s schooling history going more than 50 years, is that Raila is an engineer by profession and his academic qualifications meet the constitutionally mandated criteria for one to run for president and that is, he graduated with a degree from a recognized university.

In sum, Miguna’s second book is much ado about nothing and as in the first book, it would be fodder only for those who for whatever reason don’t like Raila therefore a non-factor politically as these people would not have voted for Raila anyway.

Those who support Raila/Cord will continue to do so regardless of what fiction Miguna tells in his so-called book; those very few undecided and even some of those who don’t support Raila/Cord will chose to support Raila because they know this man has suffered a lot all for the sake of our country and these efforts to damage him with these useless books serve no purpose other than the selfish, vindictive quest by the author–if you can call him that; more like a gossip narrator and unfounded allegation peddler than an author.

That being said, let me take this time to encourage Kenyans with no ax to grind with any information about our leaders and the functioning of our government to share freely for the people are empowered if the proper information is shared and not bar gossip, innuendos and other equally unreliable tales this Miguna seems to specialize in notwithstanding the title of these collection of tales small and big.

 
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Posted by on February 14, 2013 in Politics

 

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A Visit To “Enemy” Territory and Its Good News

kenya map

We spent the whole afternoon today, and by that I mean team Cord, led by Raila in Jubilee territory where we actually have a sizable support as well but must say I was very impressed with how well we were received even by hardcore Jubilee youth.

If this is an indication of what to expect in the days ahead and in particular come March 4, 2013, which it is, then we can all rest assured we shall have a peaceful election this time around where there will not be any hostility or love lost regardless of who wins and more importantly regardless who takes the greatest prize of all–the presidency.

Elections should be about those vying freely campaigning in any part of the country peacefully even in perceived or real “enemy” territories as was the case today.

For those praying for peaceful elections, I join you; for those who the idea hasn’t crossed their mind, I urge them to keep that in mind for we are all Kenyans and should love one another as God commands us to or in the least what basic human decency and comradery demands.

Put another way, there is no need to hate or be so against one or others to the point one sees blood instead of love or in the least brotherhood and sisterhood as we must or ought to.

I have not had time to elaborate on something I thought was rather very revealing and I have blogged about the same previously but be that as it may, it was rather openly and unambiguously stated by the only two horses in the race during yesterdays debate I am sure many of you who watched the debate heard it and probably remain puzzled by it if you are the type who never believes in the impossible.

Today’s campaigning in several villages in Kasarani, Mathare and other adjoining areas wrongly presumed to be “enemy” territory was an affirmation of the paradox.

I pray and wish for more of the same in the days to come through elections such that when it’s all said and done, we can look back and say we have taken a giant leap forward and away from siasa ya kumalizana na ukabila.

May it be so.

Amen.

 
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Posted by on February 12, 2013 in Politics

 

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