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Фото автораНика Давыдова

Of Rigging Using Diaspora Votes and Judicial Activism!

Here and there:

· 1) Comrade Miguna Miguna continued where he had stopped, with his hard tackles on Raila, when he appeared on K24 on 12th January, 2012: he revealed details of how the PM assigned him to work closely with the ICC investigators on the Kenyan cases; he said Raila detailed him to be involved in the process, after investigators approached him for information; he said he was approached by people from the ICC and informed Raila about it; he said Raila gave him the green light to be involved in the process and to report back to him directly (People, 13th January, 2012).

· This is the political angle people have always suspected existed, in the wider conspiracy of evil to fix some leaders, especially Kenyatta. Miguna repeated that Raila can never be trusted with the presidency; he said he will never vote for the PM; he said the PM is a conman; he said the PM is very vindictive, corrupt, malicious, heartless, et cetera.

· 2) The real-lion-turned-timid-domesticated-cat, Jimmi Orengo, said (Star, 10th January, 2012) focus of rigging has shifted to the Diaspora where stringent election rules are yet to be put in place; he wants the population of eligible Kenyan voters living in the Diaspora made public to avert poll rigging; he called on the government and the Independent Electoral and Boundaries Commission to make the figure public before the elections. Orengo added: “It is true that the G7 Alliance leaders are hell-bent on using the Diaspora votes to rig out Prime Minister Raila Odinga.”

· But Raila and his sister have been the most prominent Kenyans campaigning for the Diaspora votes, and Orengo knows that fact! An intelligent Kenyan like Orengo should sieve his sycophancy to the barest minimum otherwise he always comes out badly, behaving like an idiot yet he is not one such! And could this latest nonsense about “G7 Alliance rigging using the Diaspora votes” have anything to do with the leaflets doing rounds in Kisumu (on 12th-13th January, 2012) asking members of “a certain community to leave Kisumu in three days”? Dr. Mzalendo Kibunjia and his team should be pro-active.

· 3) Prime Minister Raila Odinga has blamed (People, Saturday/Sunday January 14-15, 2012) “the political elites” in the post-colonial era “for promoting negative ethnicity.” He said the society was united during the struggle for independence. The PM attributed the vice to a clique of self-centred elites close to power for entertaining ethnic based politics that later polarised communities and created rifts and suspicion, adding: “The common man has suffered from negative ethnicity which was created by very few elites who took the place of the colonialist(s) after independence.”

· The PM should tell Kenyans some of the political elites he is talking about; is he alluding to “a certain community”, the scapegoat used by all pathological tribalists; and is that “certain community” synonymous with the Kikuyu and/or GEMA? And who created the rift and suspicion between Jaramogi Oginga Odinga and Thomas Joseph Mboya, and by extension between Luo Nyanza and South Nyanza; who created the rift and suspicion between Jaramogi Oginga Odinga, on one hand, and Mzee Jomo Kenyatta and Thomas Joseph Mboya on the other?

· Kindly, please see our posting entitled “Who Fought the Other – Thomas Joseph Mboya or Jaramogi Oginga Odinga?” dated 26th October, 2011.

· Raila should respect the people of this great country and not treat them like amnesiac idiots: who was responsible for assembling and propagating the satanic murderous negative ethnicity strategy of 41 against 1, whose key agenda it was to decimate the Kikuyu/GEMA; and what is the relationship between that evil strategy and the PEV, and all the concomitant events that followed? Should the PM not bear the greatest political responsibility, as Kenyatta said at the ICC, and/or political as well as criminal responsibility, for the same?

· Addressing ODM-KPU party delegates at Karen, in Nairobi (on 12th January, 2012), the PM said that “Kenyans should be aware of and refuse to believe those trying to malign his name by digging things from the graveyard!” Nobody is digging any graveyard (for anything) about Raila, in order to peddle falsehoods against him; rather it is Raila who is digging from non-existent graves for non-existent things to besmirch his opponents! Nobody in the opposition is digging any graves; and certainly not Comrade Miguna Miguna.

· 4) The Independence party Kanu (Kenya African National Union) has formally adopted a new name, the Kenya Alliance of National Unity (People, Saturday/Sunday, January 14-15, 2012); this was part of the changes effected after the party’s National Executive Council (NEC) adopted a new Constitution to comply with the Political Parties Act (2011). Kanu Secretary General Nick Salat said Kanu is the party to watch in the elections: “Those of you who thought Kanu was dead had better watch this space!”

· The Kanu Chairman, Deputy Prime Minister and Finance Minister, Uhuru Kenyatta, said the party is in total harmony and has a strong chance of forming the next Government: “This is the message we are sending all over the country. That Kanu is united more than ever before; we are in total harmony and the party has a potential of forming the next Government. Kanu will work with the PNU Alliance as a friend. Kanu has always been willing to work with others but we always want to work from a position of strength.”

· Kenyatta’s spokesman Munyori Buku also clarified to the media (Saturday Nation, 14th January, 2012) that the party would work as a friend to the PNU Alliance: “The difference must be noted.”

· NB: Dr. Bonny Bullfighter Khalwale was referring to the G7 Alliance and not the PNU Alliance, as captured in our posting dated 12th January, 2012, when he said: “My opinion is that what Kalonzo has done is right and others should do the same. We in the G7 Alliance want all the candidates to vie for the elections and the first two to fight it in the run-off.” Well put: this Bullfighter fellow is a serious Kenyan!

· 5) The Judicial Service Commission (JSC) will petition President Mwai Kibaki to suspend the second senior most judge in the land, and to form a tribunal to investigate charges of misconduct levelled against her. In announcing the decision, CJ Willy “Cabral Pinto” Mutunga (he used to write his articles in the Saturday Nation under that name), said, inter alia (all the dailies of 14th January, 2012): “The JSC will send a petition to the President with a view of suspending Justice Baraza as judge of the Supreme Court and Deputy Chief Justice of the Republic of Kenya and to appoint a tribunal to investigate her conduct.”

· But does Lady Justice Nancy Baraza’s case (trials and tribulations) provide Mutunga with an avenue to prove his seriousness as the President of the Supreme Court and Chief Justice? Kindly, please treat it as food for thought, and make up your mind. However, some of the things the CJ has done leave a lot to be desired: the Bungoma lawyers have been on strike since November, 2011, and the CJ has vowed not to act on the issue saying the lawyers disrespected him and called him names (Star, 11th January, 2012);

· In the early days of his appointment, he seemed to be concerned with fairly trivial issues; he had views on how judges should be addressed in court; issues on the horse-hair wigs that judges wore, et cetera. He seemed more concerned with the appearances of reform, than with the substance of it; on “the newly renovated” Milimani Courts, Mutunga called in the media to bear witness to how the Kenyan taxpayer had been robbed in this renovation contract;

· But Minister Chris Obure responded by rebuking the CJ for daring to comment on matters concerning areas in which he had no technical competence. In a nutshell, the CJ has engaged in juvenile judicial activism! And does Mutunga have the moral authority to lynch Baraza? NEVER! Kindly, please see our posting entitled “Did the Chief Justice Violate the Constitution?” dated 17th December, 2011. Chief Justice Willy Mutunga should have been the first one to go, not Lady Justice Nancy Baraza. Everything is in black and white. Alluta Continua.

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