Over to you now, Supreme Court judges

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NGUNJIRI WAMBUGU

Since the advent of multi-party elections all election results have been disputed, except in 2002.

In 1992 Kenneth Matiba went to court to dispute Daniel Moi’s victory. As Kenya moved on after the elections Matiba’s case dragged on, before it was thrown out on a technicality.

In 1997 Mwai Kibaki disputed Daniel Moi’s re-election and again Kenya moved on as his petition dragged on for two years before it was also thrown out on a technicality. In both cases, part of Kenya moving on included swearing in the declared winner despite a petition against him.

In 2007 Mwai Kibaki was declared the winner and was hurriedly sworn in. Raila immediately disputed this victory and most likely with the benefit of hindsight chose not to go to court with a petition. He instead called for mass action.

Kibaki’s victory was not nullified but the country was also not able to move on until a negotiated power settlement was reached. This was not an ideal situation for everybody, and only came up because of the death and destruction that Kenya was going through as it stood still.

This month, the IEBC chairman declared that Uhuru Kenyatta had won the presidential contest. Raila Odinga immediately disputed the results. Now I hear the supporters of the Jubilee Coalition asking Kenyans to move on. The IEBC has even gone a step further and using taxpayer money is running prime time advertisements asking Kenyans to accept the election results and move on.

They argue that in every contest there is a winner and a loser. Jubilee has even offered Raila Odinga a job in their government. Central Kenya, half of Eastern, half of Nairobi and parts of the Rift Valley believe the game is over and Kenyans have made their choice. They are clearly in a hurry to move on.

Supporters of the CORD Coalition on the other hand will not move on. The Coastal region, Western, Nyanza and the other half of Eastern and Nairobi believe this game has suffered a major foul and only a return match will determine the true winners. An online support group I set up a few days ago got over 1,000 signatures in the first 12 hours.

Most of the people who have signed up as supporters of the PM’s presidential petition have one recurring position; they believe Kenya must not be held hostage to another government that has a disputed mandate to lead. I agree with them fully.

The Jubilee supporters who went to the streets in red T-Shirts celebrating Jubilee’s victory were replaced exactly a week later by CORD supporters in white T-Shirts, crying out against the theft of CORD’s victory.

Even the media that seemed fixated on forcing Kenyans forward seems to have accepted the fact that things are not going as expected. Kenya is today divided right in the middle and will not move forward, at least not as one unit, until the 2013 election dispute is resolved.

Unlike 2007, Raila Odinga has declared that there will be no street protests. Like 1992 and 1997 he has gone to court. However he believes the experience this time will be different because unlike 1992, 1997 and 2007 several things have changed.

First, CORD’s dispute is against a president-elect, not a president. This means that the person CORD has taken to court is not a president who is enjoying the benefits of the highest office in the land (despite all attempts to show the contrary by certain government mandarins). Second, street protests and mass demonstrations are not a bargaining option despite Kenyans having a fundamental right to participate in them (and despite the Inspector General’s attempts to illegally curtail these rights). Finally, Kenya has a judiciary that is independent enough to be trusted.

All eyes are on the Kenyan Supreme Court and its six judges. This court has the task of proving to Kenyans that there is a better way to settle election disputes than violent street protests. Kenyans and the whole world will be looking at Chief Justice Willy Mutunga and his team to prove that going to court does not end in a 1992 or 1997 experience.

Some might imagine that as a CORD supporter I will only accept as ‘justice’, a decision in our favour; this is not the case. All I need from the Supreme Court is a process that is transparent enough for me, an ordinary Kenyan not conversant with deep matters of law, to understand how they came to whatever decision they come up with. I especially like having proceedings covered live. I want to see them analyze all arguments fairly and follow the law in adjudicating them. I also want a decision based on the constitution. Once this happens majority of Kenyans, whether they support CORD or Jubilee, will accept whatever decision the court comes up with. Then Kenya will move forward, together.

Over to you, Your Lordships.

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  • rubbish from thief

  • VULIMU

    I concur with you Ngunjiri Wambugu. please tell them that we cannot move on when democracy is on trial. IEBC should stop misuse of our money to cover for he mess they have subjected us to.

  • I am neither a Judge nor an advocate but I have looked at the issues that the Cord team have raised in their petition to challenge the Election results and I am fully
    convinced that the learned judges of the Supreme Court of Kenya will throw out the petition with the contempt that it deserves.

    First and foremost I take issues with Cord contention that the procurement
    of BVR kits was not procedural, my question is were these not the same people
    in government who could have stopped the procurement of these kits? secondly
    why did they accept to participate in an Election where they felt they stood a
    risk of loosing because they had no confidence in the voting systems? you
    cannot eat food without salt then later on you complain of Indigestion.

    Their complain of IEBC having the same company sharing their server with
    that of TNA, is despicable to the extreme. there are very many companies that
    share the same host for their servers, even Cord could have done the same if
    they wanted, and most important they need to demonstrate how IEBC and TNA
    having the same company to host their servers would have affected election
    results.

    Cord’s complain of voter register being interfered with and numbers inflated
    by 85,000 is an insult to the Intelligence of Kenyans, they claim this started
    happening in February. my question is, did they seek an explanation of the so
    called changes from IEBC before accepting to go to the polls on March 4th. Can
    they even proof that the so called inflation of figures was done to favor
    Jubilee.

    Their claim that results from certain constituencies were above the
    registered number of voters is hypocritical to say the least. IEBC has time and
    time again published presidential Election results in almost all local daily’s
    and no one appear to have noticed the discrepancies that the Cord team is
    raising, I only hope they are referring to the same results like every body
    else.

    My advice to the Cord bregade is that they fought a good fight to win the
    presidency but unfortunately lost to a better team, its time to accept the
    results and move on, after all loosing an election is not the end of the World.
    they can even start campaigning now if they so wish for the 2018 Elections.

    • dd

      ur astupid motherfucker who doesn’t know what to say

    • johney

      Kwani hii wall ni ya tna pekeyake?

    • bababram

      stop reasonning by your stomach. Give a brain at least a portion.

      Ukabila itawapeleka wapi. Nonsense.

    • Opuk Linstu!

      Bw. Mwangi Kamau: you should be ashamed of yourself, why do you copy paste somebody’s comments???? You should apologize to the so called Prof Katisya. Shame shame shame!!!!!!! Hata hauna aibu!!!

  • There will be a live feed over the 2 days of hearing set for Wednesday and Thursday next week, and like the last integrity case that was thrown out days to March 4th, the judges may reserve their reasons for decision UNTIL a later date. so transparency is guaranteed.

    What peace are they preaching when they are talking of ‘CRIMINALS WHO SHOULD BE IN PRISON,and NOT STATE HOUSE’?

    My question is, what will CORDom call the speech AFTER SC throws out their case? DEMOCRACY HANGED BY ITS *****?

    • @twitter-332055089:disqus! A very wise man once said, “it is better to let people think you are stupid than to open your mouth and prove you are stupid” It’s beyond reasonable doubt that the president elect and his vice are International CRIMINAL SUSPECTS. They are suspected for crimes against humanity: Murder, Rape, and forceful displacement. Today one of the criminals suspects will be arguing for his immunity at the status conference. Here in Kenya the vice is in the court fighting land grabbing case. It’s only an idiots like you who cant see that a criminal is a criminal and is either guilty or innocent until proved otherwise. In a nutshell: Uhuru and Ruto should be in jail.

      • “it is better to let people think you are stupid than to open your mouth and prove you are stupid”

        A very stupid man points one finger at me while pointing four at himself. Why are they not in jail until proven innocent

  • Wilfred Yebei

    The BBC journalist for the financial times was right, Rao had told her that if he looses the election he will not accept defeat.Going back to history Rao can not accept defeat.This time he and all other presidential candidates including rejected votes were defeated with a whooping 1m votes.Which ever way the supreme court rules we are prepared to install Uhuru and Ruto IN government.If the court rules otherwise we shall vote to a man including all Kenyans of Goodwill.

  • cord wanapoteza time

  • Nyambush

    In 2008, I read from the media that “Mwenge”-house (the premises of orange party) was broken into and computers were stolen. This was when the country went mayhem in 2008. Just the other day, there was theft of BVR machine from Ruiru Country and election materials taken. Who would be interested in these and who would benefit from such an act? Are these two events ringing a bell in the mind of readers? Surely, when you go to court, its with full understanding that your facts are correct, both upside down and down-side up! I tend to imagine that these equipment were not bought in camera. My question remains “Did anybody seek their verification before hand and not after? Are these thefts of convenience by any chance? The investigators should tell us this, now than ever.

  • Kiprotich Langat

    Can someone tell this Raila man that he will NEVER be the president of Kenya..Irrespective of what the court rules, he is bound to loose miserably, even if it is a Re-run or a run-off!

    • Jabes

      who are you to decide that RAO will never be the president. Let’s wait for the Supreme court to decide. Mr Langat, we need open minded people who have wider outlook. Your gloating and side shows does not help our country.

  • Are-run will produce the same results. Raila lost and will lose again. He just wants another chance. Must things go raila way for Kenya to have peace? How thirsty is he to rule?

    • Wangechi

      This is sad.

  • Wilfred Yebei, unmask yourself!! and how did you do this simple sum to arrive at a difference of one million?

  • As we preach peace, it has to be practical. Peace should be a product of justice. If any one covers an active volcano with a thin layer of sand, and sit on it; the lesson will not be pleasant.

  • Fazul Abdullah! A very wise man once said, “it is better to let people think you are stupid than to open your mouth and prove you are stupid” It’s beyond reasonable doubt that the president elect and his vice are International CRIMINAL SUSPECTS. They are suspected for crimes against humanity: Murder, Rape, and forceful displacement. Today one of the criminals suspects will be arguing for his immunity at the status conference. Here in Kenya the vice is in the court fighting land grabbing case. It’s only an idiots like you who cant see that a criminal is a criminal and is either guilty or innocent until proved otherwise. In a nutshell: Uhuru and Ruto should be in jail.

  • whether RAO or UHURU rules kenya my plate of ugali will not change, all we need is a transparent, democratic governance

    • chumbibye

      kudos. well spoken like a democrat. we need people like you whose decisions don’t border on tribal lines.

    • Michael Jones

      This is a lie.

      Every Kenyan knows that the West controls everything (even the weather). Even if you get transparent, democratic governance, the West might just steal your plate of ugali.

      Obama will personally eat it in front of your face and laugh! Then the ICC wil come to arrest your grandma for PEV.

      Remember – EVERYTHING IS THE WEST’S FAULT! If you forget that, then you will be forced to ask yourself why you voted for a man who allegedly hurt your own country’s citizens.

      • benja

        Forgot to take your pills?

      • omundustrong

        The man I voted for is none of your business but in view of the assumption that you have made, the man was cleared by the High Court to vie for the top seat and the guiding maxim in our justice system is of one being presumed innocent until proven otherwise.

  • danny

    work hard wambugu you will be ashamed in broad daylight when uhuru runs kenya. meza wembe brother

  • Langat, you only have one vote. It is someone now, very soon it will be you going to the same court.

  • If you are a TNA and do not agree with Wambugu. Do not read the article.

  • fred

    you have talked more than a million pple , thax u sir for being such a patriot

  • JesusIsLord

    Kenya belongs to more than 40 communities.
    Those castigating Raila should consider and understand that the man has done more for this country than all the current crop of politicians combined. Those who support him also should realize that it is possible that Raila may never become president of Kenya.
    My thoughts to Uhuru and Ruto supporters is this; humility is a good thing. The shoe will be on the other foot one day. Truth lives forever,do not campaign based on lies and sit tight expecting that the chicken will never come home to roost.

    Lets build a united Kenya that will be a better place for all of us and for our children.

  • Until the president of Kenya is elected in a conclave,the people will never move on as one Mr opinion leader. You should analyze the 50% +1 concept. It means that a people will always be divided down the middle and Kenya being a winner takes all democracy, the losers will naturally oppose the winner if just for the sake of it (read i wasn’t consulted). The authors of this new constitution should have known better (maybe 90% +1)The other thing is, if everybody believes that the court will rule in their favor means there can never be a winner. This is underlined in the outgoing vice presidents comments yesterday (Sunday) that he (CORD) will accept a ruling against them only “since there are no avenues for appeal” the supreme court being the highest in the land. What this sounds like is that the only verdict they will be willing to take is one that rules in their favor. I read a lot of bias in this article but which i guess is a right and freedom of expression guaranteed in the constitution. I will exercise mine too and ‘jubilate’ the winner until otherwise proven.

  • good points.

  • kbnyush

    Raila should realise the 6.1 million people that voted for Uhuruto did not die and went to heaven…if their is a re-run im very sure they will be more resolved to vote against u as to teach rao a lesson in eating humble pie..the ground has shifted and as the days pass by rao looks more of a loser with his parrot sidekicks ababu and muthama…while uhuru looks more presidential,reconciliatory, preaching for peace and has hit the ground running…all those rumors about sanctions were baseless and kenyans got to see that..the icc cases are crumbling..so if he things a re-run or runoff will change the outcome he is in for a rude shock….i now believe he never won 2007 election…seeking justice is commendable but lying to kenyans that he actually won by more than 1.2 million vote..is quite disturbing..i remember went he started saying there were plans to rig this elections i told my friends he setting the ground to reject the outcome if he indeed loses…by saying he won the election he is setting the grounds to reject the outcome of the SC if they dont uphold his petition thats why he is taking his case to the peoples court ..then we start hearing no raila no peace.then call for mass action..then koffi annan ,then nusu mkate is effected..you can take this to the bank its going to happen..the most polarizing politician in kenya is non other than RAO…he should just retire with kibaki and kalonzo…

  • sam

    What if its Rao who won, would he have told iebc not to declare him president elect because there was mischief with presidential tallying?

    • chumbibye

      stupid question….in such case it would not be raila but uhuru that is if he did not opt to concede

  • CHARLES KARIUKI

    kenyans should never confuse fight for justice and democracy with greed of power.

  • Wangechi

    “In 2007 Mwai Kibaki was declared the winner and was hurriedly sworn in.
    Raila immediately disputed this victory and most likely with the benefit
    of hindsight chose not to go to court with a petition. He instead
    called for mass action”

    Ngunjiri, are you confirming to us that it was Raila who called for Mass action?

    • mugo

      wacha ujinga wako kikuyu kupambavu. Kikuyus need to be fried in hot furnace na hiyo tamaa ya fisi. Plans are at advanced stage to either punish these greedy for good and silence them until eternity.jinga!

  • Wangechi

    “Unlike 2007, Raila Odinga has declared that there will be no street protests”

    I had to check when this was written (& it is 18th March) because he was in the coast yesterday saying he won (in a rally) and previously in Kibera. He IS going to the streets, we saw him mobilize people to file papers at the Supreme court..

    “Once this happens majority of Kenyans, whether they support CORD or
    Jubilee, will accept whatever decision the court comes up with. Then
    Kenya will move forward, together.”

    We will hold CORD up to this. Kenya is for all of us, as a Kenyan i have a right to conduct my affairs in peace.

  • Anonymous

    We as citizens of this republic are not blind. we are the voters, we know what we did and if need be, we shall repeat the same game. Be rest assured that the battle was fairly won, and it shall be won again and again if need be. Repeating the votes will be the best way to stop Power hungry boys from singing rhetoric rhythms.

  • PatrioticKenyan

    Ngunjiri Wambugu you are lucky you are on cords Payroll, Many young and educated Kenyans are still tarmacking. Why not advice your good friend Raila that his rhetoric remarks are hurting the economy. Can he wait for the outcome of the Supreme court before presenting his case to the public opinion.

  • joseph gathuru

    he BBC journalist for the financial times was right, Rao had told her
    that if he looses the election he will not accept defeat.Going back to
    history Rao can not accept defeat.This time he and all other
    presidential candidates including rejected votes were defeated with a
    whooping 1m votes.Which ever way the supreme court rules we are prepared
    to install Uhuru and Ruto IN government.If the court rules otherwise
    we shall vote to a man including all Kenyans of Goodwill.he BBC journalist for the financial times was right, Rao had told her
    that if he looses the election he will not accept defeat.Going back to
    history Rao can not accept defeat.This time he and all other
    presidential candidates including rejected votes were defeated with a
    whooping 1m votes.Which ever way the supreme court rules we are prepared
    to install Uhuru and Ruto IN government.If the court rules otherwise
    we shall vote to a man including all Kenyans of Goodwill.he BBC journalist for the financial times was right, Rao had told her
    that if he looses the election he will not accept defeat.Going back to
    history Rao can not accept defeat.This time he and all other
    presidential candidates including rejected votes were defeated with a
    whooping 1m votes.Which ever way the supreme court rules we are prepared
    to install Uhuru and Ruto IN government.If the court rules otherwise
    we shall vote to a man including all Kenyans of Goodwill.he BBC journalist for the financial times was right, Rao had told her
    that if he looses the election he will not accept defeat.Going back to
    history Rao can not accept defeat.This time he and all other
    presidential candidates including rejected votes were defeated with a
    whooping 1m votes.Which ever way the supreme court rules we are prepared
    to install Uhuru and Ruto IN government.If the court rules otherwise
    we shall vote to a man including all Kenyans of Goodwill.he BBC journalist for the financial times was right, Rao had told her
    that if he looses the election he will not accept defeat.Going back to
    history Rao can not accept defeat.This time he and all other
    presidential candidates including rejected votes were defeated with a
    whooping 1m votes.Which ever way the supreme court rules we are prepared
    to install Uhuru and Ruto IN government.If the court rules otherwise
    we shall vote to a man including all Kenyans of Goodwill.

  • mkenya

    i am tempted to answer you but your argument is not coherent nor persuasive. However you and your payers belong to the dust bin of Kenyan political history and we need to move on man. Wananchi spoke loud and clear are you guys deaf? or you are satanists interested only in blood shed? let Kenya be your guy will Never be president 1982 …. 2007 2013 2018 NEVER NEVER through the back door, front door or the window never

  • Okuta

    Dear mr. Ngunjiri Wambugu, you confidently said that CORD would win in round One with over 50%+1 threshold. It would be nonsense for you to find time to do your cry-baby theatrics here. Ok just incase you want to dispute that you said that I should refer to you to your interview with #TheTrend just before March 4 Elections. You CORD people are know to dispute everything including the the fact that the sun set on the West today. That one clarified, I should tell you its a shame to be one of the PM advisors to deliberately misinform him on the facts about March 4th. The triumph of democracy thereafter came was again disputed to be tarnished as “Democracy on trial”.The point i am trying to make is that the fellaz like you behind the PM are the biggest flops that more often than not put the PM under ridicule. Playing sycophant does not help. I know he is his own man but the biggest mistake the PM ever made was to entrust people like you in the first place with delivering a CORD win. You should be embarrassed big time!

  • Duncan Muchina

    Two things are happening right now. RAO is re-grouping and UK is entrenching. SC is facilitating both.

  • beshte

    i hope they don’t sell themselves cheap. I hope they understand they
    are also very powerful now in the new constitution. If they handle this
    case right they their value & Power goes really up, so why cheapen
    themselves with a weak ruling?

    The Supreme Court, Executive, Legislature ( Us Kenyans(raia are the 4th but silent power)

    But like US this is the perfect chance for the Supreme Court to flex and earn its powers.

    The inspector of police too is powerful, & the Governor of CBK

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