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Paza Sauti
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14:00
From: Paza Sauti
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MIRO JUNGU OR CHUT
I attended the Samosa Festival today and I am very glad I did. The spoken word performance “Oceans Apart” by Shane Solanki and Yusra Warsama was a performance I think I will remember for much of the rest of my life. A beautiful blend of drama and poetry. Humorous...but it left a lot of questions in my mind (and I am sure that that is what they wanted to happen).
Who are we as Kenyans? Are we really an integrated society? Are we a society? I remember a few comments by one of my political science lecturers... I think the unit was “ The Politics of Post Independence Africa” He said that Kenyans after independence failed to form a sense of nationhood. He said that the people are so culturally and ideologically diverse that a sense of “ Kenyanness” does not quite exist...this was way back in 2001 come 2008 and those words rang true in the happenings after the elections.
Now forget about the Kenyan mwafrika with all the complications of ukabila...add the Kenyan Indian and Mzungu and it gets ever so complicated. The big question of integration comes to mind...Its really difficult to look at each other as members of one society...Its like seperate continents in one country...limited or no contact...superficial interaction only what is necessary for survival ....anything to avoid the discomfort....and remember this is forty plus years after independence.
Probably out there in the diaspora Kenyans feel that sense of Kenyanness. I can remember this from my own experience while on a student exchange programme as a child.Our party was on a stop over in London. A waiter served us at a table and happened to hear us speaking Kiswahili. He introduced himself in Kiswahili and instantly we knew he was Kenyan. We were so happy to have someone speak to us in Kiswahili in a strangers country. I don't think we noticed at that point that he was Muhindi we were just happy that he was Kenyan
Anyway thats just my thoughts rolling again bravo to the organisers of the SAMOSA festival.
To read more visit www.samosafestival.com
p.s I havn't edited this for spelling or grammer so just take it as it is
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15:59
From: Paza Sauti
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I have been intently following the US presidential elections since Joe Biden, being the first to do so, announced his intentions to seek the Dems nomination. Since then the kamuthonjo (a clique) has congregated many a time and because the polls are in favor of my predictions i'm due to collect from Kangethe and Co. come November 5th. My accurate (i can claim that now) forcast has not just been based on luck and a nag for making a quick buck, it is the ability to identify a force much larger than the usual politico that has shaped my ideas and opened my views. Why will Barack Obama gain the title of POTUS over John McCain? John McCain /Sarah Palin campaign does not realize that they are not running against a presidential candidate but rather a movement that seeks to vote in its leader as president. Obama is not just your usual presidential candidate person, he has taken a totally new identity; a brand, a true representative of the people's day to day needs, wants and aspirations. He has identified with the core of every american living in this day and time and has addressed much of what we don't openly admit to the fear of being called weak. I can imagine telling my kids of a fella with a funny name who run for the highest office in the land by offering Hope to its great citizen. I don't condemn those who don't buy it, come to think of it, on paper this does seem to be straight out of the snake-oil salesman's handbook, then again he must be a really good salesman because not one iota of slander seems to stick. I don't know if i should give credit to the citizen who seem to have figured out the ridiculous claims or to John McCain who for his age should be very wise and should not have made some very puzzling decisions during the phase of the campaign. With that I foresee a few new dictionary entries not too far from now: Obama: verb the act of a true underdogs ability to achieve success with great measure without the use of fear mongering and deceptionBush: noun one who influences others by use of fear and wmd's ..or wait that is also known as a scarecrow. now let me go collect
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22:54
From: Paza Sauti
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There are times when certain occurrences hit you in the face and others take time before you realize their magnitude,and it just occurred to me, that South Africans, just fired their president. WHAT???? They just gave him the sack, the pink slip, terminated HAKUNA KAZI HAPA. So where is the loud report, accompanied with the wailing of women and children, or the shirtless youth wielding his machete with disastrous consequences? Shouldn't some community south of the Limpopo be arming itself under the claim that one of their own has been robbed of his rightful claim. I mean, this is Mbeki, Thabo Mbeki, the same guy who by the power of his presence, brought the primal foes Mugabe and Tsvangirai together in one government, the guy who dares challenge that HIV is the cause of AIDS. His economic record has been good and would win another elections in South Africa. So why is everything so calm, it looks like Mbeki packed his things in a box, left the key with the security guard and caught the bus home. No drama.
After my initial shock I realized that this phenomenon was not unique to South Africa. Our brothers in TZ have had changes in government without the accompanying hullabaloo. That is the power of precedent. These countries have had iconic leaders who stepped down while there political careers were still viable. Madiba left his thrown and Mwalimu was humble enough to retire. Just think, what would Africa look like if Jomo Kenyatta and Moi had served one or two terms and passed the baton to the next generation. Or Mugabe left the presidency when he was still relevant and an African hero.
George Washington was a leader who was keenly aware of this role as founder and father of a nation. At the height of his popularity he forsaw the need for precedent and said in his farewell speech "I beg you at the same time to do me the justice to be assured that this resolution has not been taken without a strict regard to all the considerations appertaining to the relation which binds a dutiful citizen to his country; and that in withdrawing the tender of service, which silence in my situation might imply, I am influenced by no diminution of zeal for your future interest, no deficiency of grateful respect for your past kindness, but am supported by a full conviction that the step is compatible with both". Africa has had its share of good leaders who have turned bad, heros who end up villains. They were unaware of their true roles as founders of nations.The key purpose of a founding father is to lay a foundation and Thabo's exist is an example of a well laid foundation. Well done Madiba once again you make us proud.
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21:51
From: Paza Sauti
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Typically, I would have kicked the door and come in blazing on how the South African xenophobic violence was backward, counter productive and (Yes, did I already say it) backward. I would have argued that a country with the history of South Africa should know better than classifying people and give free rein to wanton violence because these people were different. I would have chastised South African memory, reminding them that their liberation armies were hosted in the front line countries for decades and their leaders were housed in African capitals during these times of need, much to these states peril. I would have derogatorily called the government inaction hypocritical, and given free rein to my anger on this issue. But, being from a country where there was this same type of violence, but between its own citizens, kind of makes you hold your own tongue, climb down from your pedestal and think a little deeper.
Why is this happening? Why is it happening now? What can we do to prevent this? Is there anything we can do to prevent this? So here are my thoughts in a more introspective and less boisterous voice.
First and foremost, my thoughts are with the victims of the violence, the internally displaced and refugees living in the various camps in both countries. I completely reject violence as an option for resolving African problems. I believe we need to rely on constitutional and legal means as the only alternative for issue resolution, however, to understand the these outbreaks I first want to explore want is common among the Kenyan and South African violence. This article is in no way trying to excuse the abhorrent acts that were perpetrated on innocent individuals but seeks to understand why there was such fertile ground for these violent eruptions at this time.
The Promise of Politics
Unfortunately, in many instances, politics seems to be the last bastion of hope for the masses, and this perception is particularly intense where the histories have been tortured. Politicians exploit these histories peddling hope as though they controlled the destinies of all. Kenyans only have to remember the deposition of their despotic ruler by an unlikely coalition of unlikely characters triumphantly and successfully defying Moi's grip on power and that indomitable feeling that validates the fact you matter and have the power to change your destiny. After all we killed the dragon and things will be better. One can see Kenya in 2002, the excitement that the new political dispensation will provide a new life. This life is defined by concrete issues, not the amorphous 6% economic growth, but life in terms of rent, transport, milk, bread, flour, sugar, the basic necessities of life. The promise politics never delivered and cannot deliver. Though there was growth it was not felt by the masses and this anger and frustration was compounded with ethnic exclusions that appeared targeted. The culmination of this anger was when the elections, the only opportunity to change things, were stolen from the people, things went overboard. This is not unlike the South African experience. You can imagine seeing Madiba in his long walk to freedom lift his hands and shout Amanda!! leading the Sowetonites to better living conditions. Everyone says in this new political dispensation it will see a new day in my lifetime. The triumph, the joy, the feeling of empowerment, but once again, politics fails the people. Now, do not get me wrong. I am not disparaging the contribution of such powerhouses as Mandela and the noble example he set for all politicians. His contribution is immense and cannot be viewed lightly, however, people in disparate times place their hopes and aspirations in our representatives and even call them our leaders. This is a is an extremely tempting opportunity for politicians, who ply in the trade of persuasion. So the people's hopes and dreams cause the politician to morph into everyone's only answer to their condition and the politician peddles promises that they cannot keep and soon the stakes are personal No Raila No Peace or translated I would rather die because without Raila I am dead already.
The Fierce Challenge of Now
Barack Obama's claim to fame is what Martin Luther King Jr called the "the fierce urgency of now". Obama's call is for an immediate change in the coarse of the United States siting the pressures on the population from the raising food prices, the rising cost of transportation and petroleum products in the wealthiest nation on the planet. The primary concern for a majority of Americans is the a choice between using the SUV (large car) or the mid size car (smaller car), taking vacation this summer or staying at home and how trips to Europe are so expensive due to the falling dollar.
The developing world is facing tough times. Capitalism seems to have won the ideological struggle with socialism just in time for its ugly under belly to show, much to the disgust of the proletariat. As capitalism marches along, the wealthy all around the world are increasing in wealth while the poor have only had their lot get worst. Obama's concerns are very real, but their true impact is not in the land of the free but in the developing world. Food prices have more than doubled with cereal prices leading the way. Many of African communities especially in the East and the South of the continent have maize (corn) at the center of their diets, unlike the US where maize is primarily an animal feed it is a staple and primary source of nutrition for a majority of Africans. Therefore, the shortage partly created by the conversion of cereal use for bio-fuels, impacts the very day to day capacity of bread winners to put food on their tables. The expectations of the hopeful masses are dashed by forces that are larger than what the local politicians can control, yet the only hope out of this quagmire, to many, seems to be the false hope of politics and the lies peddled by political demagoguery. These challenges of existence significantly dash the expectations in both Kenyan and South African alike. The nature of these challenges places an urgency on a solution and that urgency fuels the violence for it demands action now. Unfortunately, often this desperation expresses itself in actions of violence on innocent scapegoats - the so-called outsider. One may argue that the violence had nothing to do with economics but rather community characteristics, I have heard that after all South Africa is one of the most violent societies, and the stereotypes of Nilotic aggressive traits abound in Kenya. However, it is interesting to note that none of the violent eruptions occurred in the more affluent communities in either country and a majority of the middle and upper income groups continue to this day with a business as usual mind set. Another notable phenomenon was that violence in South Africa was clearly African on African. The 'xenophobia' does not seem to extend to the British, American, Chinese or Japanese but rather only to the Zimbabwean, Zambian and Mozambicans living in South Africa. These I call the convenient scapegoats.
The convenient Scapegoat.
So who are these convenient scapegoats? This is a good question but, first let us identify the perpetrators who have aided and abated the mass disillusion. Kenya has an interesting history closely connected to its land. Shortly after the turn of the century European settlers invaded Kenya and other countries including South Africa, with the intent to to recreated the American or New Zealand model of occupation and subjugation . This model - where the British man decimates local population and retains a small labor force just sufficient to meet his needs but too small top provide active resistance to the occupation - fell in to disarray due to the costs of the two world wars that that the 'Empire' engaged in. The Central Highlands in Kenya had been significantly populated by British immigrants and significant displacement of Kikuyu into the Rift Valley much to the ire of the local. Then came independence, and the British government provided significant funds to right the land displacement but the Kikuyu ruling elite double crossed their own and kept the funds and the land. It is estimated this clique owns more than 500,000 acres of land. The resettlement of the Kikuyu that was done was token and also done in the Rift Valley without involvement of the locals thus resentment and animosity against the 'invaders'. The resettled Kikuyu just need land and a place to call home. The South Africans see the foreigners in the same light as the indigenous populations of the Rift Valley. The front line country populations were viewed as willing labor in South Africa their motivation only being economic. Being foreigners they kept a low profile did not actively or rather vocally engage in the struggle. After the liberation nothing seemed to change and thus the instead of the politicians paying the price for peddling 'hope' the convenient scapegoats find themselves in the line of fire.
Unfortunately the guilty politician goes free and uses the unfortunate circumstance to gain political mileage.
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19:49
From: Paza Sauti
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| The killing fields of Cote D’Ivoire! How could that be so? How did a country so famous for its economic prowess become known as one of the many 21st century sites of murder? The killing in Cote D’Ivoire was systematic and in most cases based on ‘if’ the perpetrator felt that the victim was a supporter of Allasane Outtara.
Quttara was one of the presidential hopefuls, denied the right to run for presidency because the Cote D’Ivoire constitution recently made it impossible for individuals with a “foreign parent” to run for presidency. How the “foreignness” of the individual was determined remains questionable.
The slaughter of an estimated two hundred Dioula people in the capital Abidjan, during the month of October 2000 came as a horrible surprise. It is hard to imagine that Cote D’Ivoire and Ivorians could have fallen so low as to kill each other like that.
Suspicion, dislike, and hatred among different ethnicities are part of the problem whose roots can be traced to the colonial times.
When France exited Cote D’Ivoire in 1960 it left behind the eloquent and much loved Houphouët Boigny. President Boigny is considered responsible for the influx of immigrants in the country.
He allowed immigrants from the neighboring Mali and Burkina Faso to come into the country and take up jobs, which were at the time perceived as supplementary to the then affluent Abidjanaise population.
The notion of a “political other,” who through propaganda becomes the cause of ‘all things wrong’ and must therefore be annihilated has for many years been propagated to destructive ends.
The Dioula have conveniently become responsible for things going wrong in Cote D’Ivoire. Over time, they have come to be perceived as money-hungry, backward and perpetually destructive to the development of Cote D’Ivoire. The split in Ivorian society has the Dioula against all possible odds.
It is not clear whether President Laurent Gbagbo has done enough to rebuild a united spirit amongst his people. The North has not seen much development of social services since the crisis of 2000.
In fact images on the BBC website showed boxes of mail in a post office in the northern city of Bouake that have not been delivered since 2002. Hospitals, schools and other government institutions have turned into white-elephant projects.
So why is no one giving Gbagbo a little nudge? The president must be reminded that Cote d’Ivoire’s and indeed Africa’s future is dependent on unity and not on dividing people.
So far, disarmament, demobilization and reintegration of the rebels, also called ‘Forces Nouvelles’ based in the North are taking longer than expected. Guillaume Soro, the former rebel leader, is said to be doing a good job but with little help.
Gbagbo’ regime has exhausted its five year mandate. The president is currently under an extended two-year mandate since 2006 and has pushed elections back all the way to November 2008 from the earlier UN request of April 2008.
Though Cote D’Ivoire has seen relative peace since the crises of 2004, work still needs to be done in terms of democracy. Many northerners and “perceived immigrants” still do not have the right to vote.
Most of all, president Gbagbo has still not signed an agreement that would allow for Ouattara to run for presidency. It is clear that the incumbent is trying to buy all the time he can for reasons that may not be so noble.
No one was ready for what happened in Kenya earlier this year. It does not take a genius to know that Cote D’Ivoire could be going down that road. If the international community does not intervene, God knows what will happen to the country.
Like Kenya in East Africa, Cote D’Ivoire is a regional giant in West Africa. It would be bad to let the country lose its glory to ethnic violence. The collapse of Cote d’Ivoire would portend a lot of bad for the region. The international community must step in to save the situation if we are to rescue the coast of ivory from anarchy. |
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12:49
From: Paza Sauti
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To experience true change one does not need to look across to the land of opportunity; where now faces and sounds march across the continent under its banner, stumping and vehemently calling on its populous to embrace their persons.
Pay attention, read and listen to the voices of the sons and daughters of their great continent.Change and what it brings about and its portrayal as the new phenomenon ladies and gentlemen is nothing new. There are many forms of government , some that have emerged as the present day blue prints to effective rule of law,while others are questionable and are revolting to those who's ideals include freedom (the do whatever , whenever i feel like flavor) and liberty. Sad but very true, Africa has always been the implementation guinea-pig grounds for bad foreign policies and influencing powers have one way or the other become tolerant to dictatorships and horrible governance. Here is good news, even with the current environment, of usual ignorance of the common African citizen, the tide has changed. The people are demanding accountability from the thrones of high office. And it comes with no surprise to us Kenyans that at the this very delicate point in history we serve as the most viable of options is a world of confusion, misinformation, mistrust and general candidate skepticism. In a continent that has experienced devastating natural disasters world wars and continued gut churning conflict in a relatively short period of time, we are actually doing pretty good with ourselves. We have proven to the world that we don't have to follow the rule and oppose principle, that a country who's two leaders are from different schools of ideology can successfully co-exist and work together regardless of their differences. Granted this template of governance is challenging and does take time and patients to formulate but progress is being made and effects of policy are being felt by the mwananchi relatively fast.Hopefully this will not turn into a loop hole route for every other Mugabe to evade consequences of their bad rule.
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19:00
From: Paza Sauti
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What are Kenyan values? You may wonder why I ask this question, but living in a foreign western country one cannot avoid the constant drum beat championing western values, and after 9/11, the demarcation of them (non westerners) against us (typically Americans) is louder than ever. During this American election year, you will hear a candidate try to appeal to the core values of the nation. Love or hate this drumbeat, one cannot deny that its questioning percussion. Do I share these values? What are my values? What are values anyway? Is there really that value thread shared by those of the same national heritage? These questions are even more confounding when looked at in the context of recently independent African nations. Our nations were defined by European powers, our boarders were drawn based on foreign interests and our cultures within each nation are varied and diverse. We have no particular affinity for ideology and our intelligentsia have not sparked any social movements on the strength of their ideas. So we have no Communism, no Capitalism, no Marx, no Plato, no Mao, we are largely Muslim or Christian and the primary philosophies of our indigenous cultures are fast fading if not all together gone. So what are Kenyan values.
At this point you may be asking what do I need these values for? We have made it so far without clarity on what they are, but before tackling this, let us establish a baseline. So what do we really have? I pose that currently Kenya is primarily a political entity that is evolving into a socio-cultural entity with common values. In a sense, Black Africa hided Kwameh Nkrumah's bidding "seek ye first political kingdom." But in the words of that famous philosopher, Heavy D and the Boyz - Now that we have the political kingdom, what are we going to do with it? Politics does not exist for itself. Harold Lasswell defined politics as who gets what, when, and how. That is where values came in. We have to use our values to determine how to grow and share the mythological national cake. Economics has been defined as The study of how people use their limited resources in an attempt to satisfy unlimited wants. I quote this definition just to emphasis that that the resources are limited and the needs/wants are unlimited, hence the need for a value system to guide these decisions. Without the agreed and articulated value system, everyone with power will push their value system on the weaker members of society. That is why we have a developing country with one of the the highest paid legislators.
History will show that there is one thing that Kenyans from all corners of the country will agree with and have fought for - a corner stone of their values. Each community in Kenya resisted the the advent of colonialism to varying extents, but all the same resisted. From Kisii to Wajir all Kenyans value there freedom more specifically their liberty. What is Liberty - immunity from arbitrary exercise of authority, the condition of being free from restriction or control, the right and power to act, believe, or express oneself in a manner of one's own choosing without trespassing against that same ability in others. The infringement on liberty or control does not have to be foreign, it is possible for your oppressor to be your brother. Therefore, from the mob justice matted on a pickpocket to the loathing of the police, chiefs and other exploiting government official, to the disdain of foreign interference in Kenyan affairs, are all expressions of our quest for liberty.
So how do we guarantee our liberty? Majimbo or devolution of power has been trashed as a tribal and divisive form of administration. The key question is why has Majimbo become synonymous with ethnicity, while Majimbo is a recognized and preferred form of government? The truth lies in our history, and the KANU - KADU slogan fight in Kenya's first election. The thinking then, was that our leaders were benevolent and had the interests of Kenyans at heart and would be different from the Mzungu, because they had black skin. Therefore consolidating power in one black man's hands would give us order and direction - positive direction. Nobody thought checks and balances were needed because one of us was king, thus, Majimbo looked irrelevant and its purpose would only serve narrow sectarian and divisive interests.
History has proved us wrong. We now know that the oppressor can be one of your own and consolidating power in one man/woman has been disastrous. We have witnessed land theft, our taxes misused, Kenyans tortured and killed and general mismanagement for personal gain by our own leaders. Majimbo has a unique cure for this. First, it decentralizes power bringing it closer to the people this has the dual effect of having power accountable to specific people and compelling power to align to the people. Secondly, we can affect that power directly, that is the most important government official is your local representative not the kingly president in the capital, therefore our priorities are communicated directly to the person who can address them and the position of power is maintained due to direct performance on those priorities. You do not need a Nyayo Monument or Stadium if pit latrines and wells are the priority. Third, a reduction in ethnicity is inevitable under and devolved system, in addition to seeing performance in regions outside your own, the regions will test out their leaders and find their fools and favorites and realize that ethnicity has nothing to do with performance. Finally and most important, you will have more liberty. If you do not like the policy of your region you can change your government or change your region. Many small changes are easier than one large change. As witnessed in the past elections we voted out almost the entire government, but by hook or crook the king held on.
So how do we organize ourselves under Majimbo, well that is the topic of my next article, but remember whatever increases your liberty increases your life. As Patrick Henry said in 1775 - Give Me Liberty Or Give Me Death.
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22:21
From: Paza Sauti
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Like all Kenyans, I love peace, I would even say I love peace more than democracy. I rejoiced when Dr Annan declared that there was an agreement between Raila and Kibaki. However, I am uneasy with the arrangement that I have seen evolve over the past couple of months.
It has been a while since I posted on this blog. The main reason for this delay was that I traveled to Kenya. My intention was to post an article from the belly of the beast, but my best efforts were thwarted by the slow connection speeds. But that is a topic for a different blog site.
In my previous article, I was enthusiastic, but suspicious of the mediation and negotiations and for those with ODM persuasions like me cannot help but feel that we have been short changed by both politicians. I am one who believes in voting for my interests based on the issues. I have never been one give to personality cults. My membership in ODM is not linked to Raila or The Pentagon in anyway. The reason I supported Raila and I am passionate about ODM is that ODM appears to be the party of ideas and Raila has been a transformational leader to this point, and not because his Bondo is near my Vihiga or we are bonded in some Western Alliance. I believe in the issues: that Kenya needs a new constitutional dispensation as soon as possible, Kenya needs to move to a devolved system of government in which my grandmother in Vihiga will have greater say in the priorities of her government, and that corruption has to be uprooted by a relentless radical like Raila, before a foundation can be established, for a nation based in the values of our forefathers and not in an imperialist colonial mold. In my humble opinion these core issues will be beneficial to all Kenyans current and future.
My frustration with the current peace accord and all its outputs is that they are a result of compromise over compromise, and it appears that the ODM ideals will be watered down by the PNU agents who want to maintain the status quo like all incumbents. This tendency to reject change is due to the assumption at any alteration to the current course is a rejection and reflection of the regimes past failure: hence Kibaki's, Kazi iendelee, without questioning if the job at hand is the correct task for this time. Therefore, I am concerned that any changes to the primary structures will be insufficient, inconclusive, insincere compromises between the two parties that do not trust each other and will leave the people behind.
As I said in my previous article, Kenyans should not settle for a boardroom negotiated outcome. This type of settlement excludes the Kenyan people and is based on a ‘give and take’ with illegitimate office holders (remember, we do not know who won the elections), not mandated by a clear majority in Kenya. My thought was that the purpose of the mediation should have been to work out a formula that allows for fair judicial process, that will ratify or nullify the elections and have the resulting presidential by-election in the most reasonable time-frame. The sooner decisions are taken away from the boardroom and brought back to the Kenyan people the better.
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17:27
From: Paza Sauti
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I have received very interesting remarks and comments on my previous article ' Raila should prepare for his day in court'. Most have had interesting things to say, but the most intriguing question is, how does ODM go to court? Or more specifically, how does ODM set itself up for a fair or rather a fairer outcome based on the current power structure, in which Kibaki controls both the judiciary and the executive? I don't claim to know all the legal/constitutional intrigues and machinations that may lurk in the process, but I believe that a lot of the pieces are in place for a legal resolution of this impasse. I insist on a resolution based in Kenyan law for two reasons - one, once this issue is resolved, I would like this to be a source of national pride, a precedent, for Kenyan to say "Even when things fall apart, the center still holds” and this center is the basic humanity of Kenya’s silent majority and the impact of a rational population on an irrational system; where the people's justice eventually prevails. And secondly, to provide that indisputable framework for a resolution, which will stand within the existing law, thus robbing the PNU electoral bandits of their excuses. First, ODM should not settle for a boardroom negotiated settlement. This type of settlement excludes the Kenyan people and is based on a ‘give and take’ with an illegitimate government, not mandated by the majority in Kenya. My thought is that the purpose of the mediation should be to work out a formula that allows for fair judicial process that will ratify or nullify the elections and have the resulting presidential by-election in the most reasonable time-frame. The sooner decisions are taken away from the boardroom and brought back to the Kenyan people the better. Under the Kenyan Law, we have provisions where judges from other commonwealth countries can serve and work in Kenya. This is one of the colonial heritage hangovers that may be useful in this scenario. We could use our otherwise valueless membership in this organization by getting a panel of judges, under referral, who will judge the dispute under Kenyan law. My suggestion would be an Indian, Tanzanian and a Zambian judge. This selection is not of the exclusive counties to consider, but of a mix of countries that have had some experience and some success in developing a democracy in the developing world. These countries have legal structures that have their heritage in the British system of law, thus very similar to Kenya. Select judges from these countries would be impartial unlike say British judges who would need to balance the just out come with British/Western interests in Kenya. Once this impartial arbitrating body of commonwealth judges under Kenyan law is constituted and ratified, the political impasse issue should be passed to this body for judicial resolution as soon as possible, and Koffi Annan can continue with the humanitarian and long term constitutional issues that will provide a launching pad for the new administration. A boardroom negotiated outcome can only be useful in an environment where both parties are trustworthy and are in touch with the public's interest. Neither of which is true. Kibaki has proved to be unreliable. He will renege on any and all good faith agreements - MOU, IPPG, Election pledges etc - whenever it suits him. For Kibaki, the Machiavellian law, where, the end justifies the means, seems to guide his every move. This conscience less partner necessitates a legal framework with penalties for non-compliance. If Koffi’s process does not hinge on a legal solution, then we can be sure Kibaki and his goons will find a way to turn this arrangement into a nightmare.
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15:10
From: Paza Sauti
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As I have said before, I am 'ODM damu' and I believe that this election was stolen by Mwai Kibaki and his cronies. I believe that this atrocity is unforgivable and those responsible should be charged in a court of law, for treason against the Kenyan people and receive the due penalty. Having said this, I am only open to peaceful means to resolving this impasse. My objection of violence is based on the same reasoning that demands that this electoral fraud must be resolved. The instance we perceive options outside participatory democracy, as viable means to obtain political power, be they electoral fraud or coercive means, opens a Pandora's box that offers legitimacy to illegitimate means. I am of the opinion that ODM should prepare for its day in court. I know this is an unpopular opinion in my ODM circles, I recently polled some of my colleagues on this question and a solid 85% were categorically against the idea, understandably so, because this opinion does not guarantee success and involves significant risks.
The first risk is one of principle - in going to court, in petition, one is accepting even though partially, or in interim, the legitimacy of this executive and allowing it to function, and exercise its full constitutional mandate as appointed by the people, and we all know this is not the case. The fact that the position that is disputed is the head of government, head of the military as commander in chief of the armed forces and the ceremonial leader of the nation, demands that this leader draw his mandate from the people and this be a true mandate. Therefore, as the court runs its course, we as Kenyans, ODMers would be in principle accepting this unpalatable fact, even in the interim.
The second risk stems from the fact that the individual, who occupies the sit of the presidency, even if in interim, wields an inordinate amount of power. This authority can be used with devastating effectiveness to consolidate power and obliterate any opposition or challenge to self perpetuation. This was masterfully displayed by Daniel Moi, in the constitutional ninety days, he was president, after Kenyatta’s demise in 1978. Moi was able to contain a powerful and wealthy opposition and proceed to rule for more than two decades, after witnessing the demise or conversion of all his opponents into his supporters. A third risk is based in the concern that the executive has undue influence in the matters before the judiciary. Kenyan history is inundated with a prodigious number of issues that have met their conclusion, without resolution, in the Kenyan judiciary, through executive interference. Be it charges of assault by the first lady, to complex cases like Goldenberg. Amos Wako has reigned supreme, over justice, with his nolle prosequi and I do not know enough about the law to conclude that there any way to stop Mr. Wako from playing his trump card again. This position is supported by the AG’s lack of independence. He recently proposed a way out of the impasse after the elections. This proposal involved independent tallying of the vote, but one imagines, that the proposal was not cleared by his superiors, before it hit the media. The proposal was withdrawn a day later, I believe under the same pressure that Samuel Kivuitu had to announce the flawed results. A final risk that I see, is specific to the Judiciary itself, independent of the Executive’s influence. We have had a large number of botched cases that are still unresolved and justice is still pending for the victims. Pinto, Mboya, JM, Ouko are just a few of the high profile cases, that have not been resolved to the extent where, we can say, justice has been matted in to an unrecognizable outcome. Thus, it is not clear that these courts can actually dispense justice. My thoughts are that these courts, where judges and lawyers wear white men’s wigs are designed to oppress the masses not dispense justice, but that is content of another article. In addition to this inability of the court to dispense justice the system places limits on the public debate on an issue that is before the courts. This restriction presents the threat that all meaningful discussion may be halted, while court proceedings continue. Petitions fall in their own class; it does not take much to loose a petition in Kenyan courts. Kenyan legislators have, out of their own interests, made it very difficult to have a successful petition. Filing a successful petition requires a stringent adherence to rules and regulations that precedent has upheld, the following of letter of the law and not the spirit of the law. The precedents in Matiba and Kikabi’s own petitions against Moi have almost proved that the incumbent has the upper hand in any petition. Hey, wait a minute, you must be saying, this article was why Raila should prepare for his day in court, yet all my arguments are re-enforcing the well entrenched idea that ODM should stay away from the courts. The primary reason I go into great lengths to outline the risks is to communicate my keen awareness of the risks involved, in employing this court strategy to overcome this illegitimate government. My argument is that court should not be relied on or discarded, but maintained as an option amongst a quiver full of arrows.
Now, let us explore the current options, with a view of determining who has the ace in each of the peaceful strategies employed by ODM. I in on no way claim to have their play-book. ODM may have someone with an infinitely larger strategic acumen; I am only calling it as I see it.
Mass action has been the predominant approach employed, and it has been fairly successful, to this point, though at a very high cost. I view success as maintaining this issue as a problem, and not allowing the illegitimate government to proceed with business as usual. My assumption is that ODM's goal is to ensure that the countries systems do not take on a post election stance, pending true resolution. The more Kenya looks like business as usual, the more the electoral fraud will be an event in the past. But this strategy can only keep the issue as current in the eyes of the media, international community, Kenyans and all other concerned parties. There are no power transitions that have been made in the streets; the streets only apply pressure for other measures to affect the actual goal. The mass action has taken the form of street protests, these have served the purpose of wining the perception war, the government, through its police action, is now widely perceived as a draconian and repressive regime. But who holds the ace in street mass action? If the Kibaki regime were strategic thinkers as opposed to reactionary buffoons, they would have stolen ODM’s thunder by allowing the rallies at Uhuru Park and asked ODM to guaranteed that the rallies are peaceful. I would even go further and have the police provide security for the rally. ODM would have had its national rallies, I am sure masses would turn up, possibly the one million people Raila promised, there would have been fiery speeches, then people would go home, and wait for ODM’s next move. If the rallies turned violent then ODM would be called to account as the violent faction. Therefore, the illegitimate administration holds the ace and is able to change the perception dynamics here. The fact that the government has not changed this dynamic, has more to do with the absence intellect, than the absence of the opportunity. Like a brutish ogre that swats a fly on its head with a club, and dies in the process, this government shoots itself in the foot, along with innocent Kenyans.
A more direct approach of mass action would be non-violent civil disobedience, imagine work go slow n critical industries, or all ODM members sit in the roads of all major cities, on railways and obstruct ports. Police would be overrun with arrests and the cells will not be able to hold the volumes. This approach allows ODM to hold the ace and raise the ante at their time and place of their choosing. Parliamentary pressure is the most viable approach in my opinion. Here ODM have a both the ace and the constitutional platform to change the illegitimate government. ODM holds a majority in the house and both the Speaker and the Deputy Speaker position. The most direct approach would be would be a vote of no confidence in the president, followed by the necessary dissolution of parliament, then a new election. This would prove to Kenyans, more so than the world, that peaceful democratic processes can reflect the 'voice of the people'. The challenge here, is good old greed. As much as I love our ODM Members of Parliament, I know they are not selfless leaders and Raila would be hard pressed in appealing to the MPs to loose their seats to provide Raila with a chance to recapture his. The financial cost and the real possibility of losing both your seat and Raila not capturing the presidency, are perceived to be too huge a risk to undertake. The MPs would rather fight for democracy riding on the backs of mwanainchi as they do on all other issues. It would be a pleasant surprise if this option is given much thought and actually carried out. It would warm this skeptic’s heart. A more plausible parliamentary option would be legislative gridlock - no bills, no budgets, and no business in the house. The true cost for this grid lock would be on the Kenyan people, as usual, because this will stop the schools and medical supplies, there will be government layoff and no contracts - development would come to a halt. But this like mass action, this approach would not hold any aces against the PNU bandits because they could dig in and wait this out, and at a certain point Kenyans will want their life back and this strategy could backfire with long term effects for ODM. International pressure is the other option available. This option, though effective in rational environments, where the despot has some goodwill towards his people, and values his or her image in the global arena, has some flaws. In this scenario the despot opts to sacrifice his personal gains for the good of the masses and for the good of his image. Kibaki seems to be to far removed from the cause of the common Kenyan, as displayed by his Nazi like massacre of innocents, in Kibera and Kisumu. He also appears to be too morally inept to care about his legacy. But this is not the greatest weakness of this approach to resistance. For international pressure, one has to rely on a fickle international community. Who will change their pressure depending on what is politically expedient in each nation’s political climate, today it will be Syria- tomorrow Burma - the follow in will be Zimbabwe, depending on what’s hot for the week. ODM should not place all their eggs in this basket. Further more international pressure will only be sustained if the tripartite nexus of media, foreign national interests and a champion is sustained. The media needs to keep the issue alive; Kenya needs to be of some special interest to the international community; and one nation needs to champion the cause. These factors are all outside ODM’s control; therefore making the international community a necessary, but an unreliable partner. Mugabe has shown that inspite of a most concerted effort by the international community the despot still holds the ace and he has dig in and has remained in power like a nightmare in an endless night. This brings me back to why Raila should prepare for his day in court. Taking this issue to court in petition moves the ace from either Kibaki or Raila and places it on the Judiciary. A legal strategy does not preclude the use of mass action, parliamentary pressure, and international pressure in concert with a court petition to this illegitimate I believe with all the challenges, the courts are a direct strategy that gores at the heart of the problem, the Kibaki presidency, and has a constitutional framework that can support a positive outcome and an actual change in government. All other options with the exclusion of parliamentary action will lead to a suboptimal outcome, as a result of give and take negotiations. For me a negotiated outcome will not honor the people’s voice of a Raila presidency, Kibaki as only the member from Othaya, and a shift in roles in parliament. Without this fundamental shift in the status quo, ODM can not effect the systemic changes of a Federal system and uprooting corruption systems and structure from the Kenyan society. Therefore, Raila must do what he is doing but also prepare for his day in court.
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23:21
From: Paza Sauti
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I ask this question having already seen what this man is made of. Kalonzo has shown his true colors and they are not pretty. When president Moi attempted to impose Kenyatta Jr. on our good nation, through his failed project, we saw what we thought was a new Stephen. He seemed to have seen the light and come out from behind the veil that had blinded our leaders and covered the country. We even thought he was ready for primetime and before Raila led us down the Tosha road, we thought mmmmh …. interesting …. Kalonzo has grown himself a pair of nuts, we like those nuts, this could just be the guy. We even shouted his name “Kalonzo” “Kalonzo” hoping we could drown the tosha drum beat. Looking back, I see a number of judgment errors on our part; Kalonzo was a strong defender of KANU and the KANU record of corruption. Kalonzo defended the man, the system and the regime; he fought tooth and nail and only parted ways with Toroitich when Toro could not be of personal political gain to him. Naively, we may have seen this stand against the status quo as Mr. Kalonzo reflecting our values, our ideals, our hopes but we were mistaken. Kalonzo may have excellent strategy and political expedience, he may have nine lives and he knows how to make Kalonzo relevant beyond his support, but I am now convinced he is a just a politician, a self interested politician, I will even go further and say a selfish politician ‘bila msimamo’. One may say, KANU years are KANU years, and that you can pin that KANU monkey on a lot of our politicians - Ruto, Mudavadi, Kibaki, Nyachae the list is long and I agree, we do not know about these individuals, but Kalonzo is now exposed. Let us look at his record, his post KANU record. Kalonzo seems to never have gone past the Kibaki tosha moment and like a scavenger with no standard he has waited for Raila to toss him a bone. Knowing that Raila was the wind behind Kibaki’s sail home, Kalonzo waited for Raila to make his Tosha 2 declaration. To earn him some marks, Kalonzo even tried to be on the right side of history during the Referendum, and Kenyans, wanting to believe that Kalonzo’s conversion was real assigned their values to his actions. He even would have died for Raila at one time. An interesting turn of events happened once Kalonzo knew that the declaration and impending coronation was not forthcoming, with nothing to personally gain, he orchestrated night time burglary, of the ODM Kenya registration papers, with his accomplices Daniel Maanzo and Julia Ojiambo, thinking that, the papers equal votes (This is how far the concepts of democracy are foreign to this self interested politician) Kalonzo was ready for the big time. No agenda, no vision, no following, by hook or crook, or what he called a miracle, he was going to be President. Well, we know how that story ends, a distant third, single digit percentage, was the value people assigned to his antics. But wait, Kenyan politics has a funny way of rewarding losers, I just read that the hyena has his bone and is proudly gnawing on it. With the patience of a crocodile, this dinosaur has reinvented himself not only as pro Kibaki, but as his VP. Hongera Bwana Kilonzo, but it must be amnesia on your part or are you counting on amnesia on our part. Do you remember your own words “I will die for Raila” Do your own words mean anything? Or is it too much to expect some consistency on your part? Three, no even two months ago, you were Kibaki’s harshest critic. Where did this new found love come from? Learn a lesson from your predecessor Uncle Moody. He was hailed as chairman of the Summit at one point, he now is on the political trash heap, rejected by his own. I am not disappointed that Kalonzo would take the position offered to him by this illegitimate government; I am disgusted, that to this date he has not stated his position on the flawed election. He has not condemned the rigging; he has not called it free and fair, he has not even put forward a road map for peace. Like the ruthless opportunist he is, Kalonzo has no stand on this loss of property, life or democracy and if asked about it, I am sure he will give you the answer that gives him the most personal gain. Everything else is just trivial. When Kalonzo was asked if he was surprised with the appointment, he said “I not surprised by the appointment,” “I have been consulting before the announcement.” This man will use any situation for personal gain.
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1:27
From: Paza Sauti
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Let me start by coming clean, I am an ODM supporter, a Raila man, who believes that that a serious injustice has taken place and this has set Kenya’s electoral process back to the stone age. I believe that the current administration is at best improperly constituted and at its worst illegitimate, and what has happened is unforgivable and the responsible individuals must stand and account for their actions. Having said this I am appalled at the lack of leadership, wisdom, and sincerity displayed by our so called leaders, where is our Mandela, Mahatma or Martin Luther King Jr.? Who will stand and be counted amongst the greater men/women in society for a time as such as this? The Aggrieved I have heard PNU members shout in their characteristic arrogance that they won the elections, advising the 'aggrieved' to go to court for resolution. My anger burns against this group for the aggrieved are not Raila, Mudavadi or Ruto for they will be fine with or without the presidency. The true aggrieved are the Kenyan people who have lost their brotherhood, their innocence and their lives. We will never be the same again. Ms. Karua, Uhuru, Nyamweya - please note I have left out the honorable because there is nothing honorable about these individuals - tell me, which court of law will restore brotherhood, what judge will confer trust back to us, and can even chief Gicheru in his highest court resurrect our fallen? So let us be clear, what is at stake here is more than your little egos, this puny competition or your war of words. Remember humility is hard and arrogance is easy. The Prime Movers For Kibaki and Raila I reserve my highest disdain - one is like a hyena on a stolen carcass he sits on his throne unaware of the stench and filth around him. He is like a pillar of salt cursed by God. You are the alleged president so act like one, even if it is just a performance, the EU, the US, the UK, the LSK, the AG, the ECK and even that ECK chairman who announced you king, all say something is amiss. Observers both foreign and local all say all is not well, but like the proverbial ostrich you bury your head thinking, "if I close my eyes long and hard enough, I will truly live in my dream." Wake up, put a plan on the table, negotiate, have mediators foreign, local, rural anything to stop the madness. Didn't you just swear on the good book protect the citizens? I say again, humility is hard and arrogance is easy. And to Raila please follow your own words. Where is the 'Mandela like figure' you so often mentioned? Were these just words? Did you just want to charm us? Remember Nelson was "aggrieved" for 27 years yet he sat and negotiated with his foes, for the good of the masses. How can you be the people’s president if you cannot look beyond your own pain and see the people are suffering, the people are scared, and the people are lost in a wilderness? You are like a man walking backwards, a Paul turning into Saul. Shake off the scales from your eyes, before we find you hurling rocks at Stephen. Wake up and lead your people to safety and the 'Voice of God' will call you forward. Remember, anyone can claim their rights and be brave about it, but one who lays down his rights for his fellow man and is humble in doing so, shall be exalted for humility is hard and arrogance is easy. The Father Figure One other 'leader' who has squandered his inheritance on worldly pleasure is Moi. They say wisdom comes with age, but this is not always the case. Like him or not, President Moi is the one man in Kenya uniquely placed to act as a father figure at this time, when the nation desperately needed a father to give kind words of advice and counsel, but fearing irrelevance and like an alcoholic who just cannot have enough Moi had to involve himself in partisan politics in this election. "Just one more drink, this will be the last" you said, but now you have lost it all. Remember to whom much has been given much will be required. What will you say when you are before the Judge, when he asks " I raised you for such a time as this" Woe unto to you, for you set out to build a lasting legacy, but now that you look back all you see are ruins, with both you and yours rejected and irrelevant. The Cheerleaders Uhuru, Kombo, Mudavadi, Kalonzo, Saitoti, Kaura, Ruto the list is endless, - a group of non-leaders sitting on the sideline, and like the proverbial hyena following and watching as the arm swings hoping it will fall off, so that they can have a bone to gnaw on. Like cheerleaders in their little skirts they jump up and down and all their words just say "look at me, look at me". Be careful! You will go in the way of Gideon and Nyachae, leaders who refused to read the times and be relevant. Here is my advise, you have less to lose in comparison to Kibaki and your pain is not as great as Raila's, you have an opportunity to whisper a third way into their ears. "Let us consider the people, let us think of those in the cold, the grieving, the hungry," you should say. Pull them down from their hard-lines, help to make a way where there is no way. And maybe you may raise and be counted in their stead. The Worst Kenyan Ever The winner of this repulsive title is Mr. Kivuitu, the ECK chair, big boss, earning top dollar from the taxpayer. This man does not realize what he and his 22 witchdoctors have done. Let me make it plain for you - the 300 plus lives lost are for you to account for. Kenyans are taxed every month, money that they could feed and educate their children. This money is given to you and your brood of 22 vipers to avoid what just happened in Kenya. How dare you say 'you were pressured' into announcing fraudulent results. Did the pressure from the phone calls hurt as much as the church fire in Eldoret? Was your fear of being called 'a coward' more than the grief of the mother who lost her three children? What were you thinking? How were you thinking? Were you thinking at all? It is, or at least was, your job to set up structures to stop election fraud. So when you say there was rigging, who are you telling and what do you expect us to do about it? When you announce that you do not know if Kibaki won, who do you expect to know, if not you. It would have been okay if we were disappointed, if we knew you tried, but failed, but we are disgusted, for it was out of personal consideration that you sold your country, like Judas, and for what, so that we do not see your cowardice? So that the TELEPHONE PRESSURE can stop? Take my advice, go to your God and ask for forgiveness, that he may show you mercy, plead with the Kenyan people for forgiveness, refund all the income you have earned as ECK chair, then visit each of the 300 families that lost their lives and commit to restoring the country's faith in the electoral process. Such is your lot and that of the 22 you lead. That Silly SpokesmanI could not end this post without mentioning that silly spokesman. Can someone do us a favor and silence that government spokesman (no violence please). His comments and statements are extremely infuriating. Like a robot, he follows his basic play book as though he was talking about the budget. If you cannot find it in you to stop the spin when the nation is in turmoil, then you lack judgment. It was insulting for you to stand before the Kenyan people and trivialize this tragedy. You claimed that there were, I quote "few trouble spots.....that the government is dealing with ..... and we are in control". For your information we do not care about the perceptions you want to create, these are well good, and part of your job in times of peace, but at this time find it in yourself to serve the people and tell the truth. Can you console a mother who has lost a child by telling her there are many other children. Please! learn some empathy. We are learning of this grave situation from BBC, CNN, Al jazeera, while you flap your gums peddling lies like a paid professional. Stop reading from your playbook and empathise with the situation. The Violent
To the violent causing mayhem my only words to you are stop, repent and turn from your wicked ways.
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21:11
From: Paza Sauti
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This is one of the more reasoned opinions in the Media.
Why Kivuitu must be held accountable for poll chaos
Story by DONALD B. KIPKORIR
Daily Nation: Publication Date: 1/5/2008 | | About 5.30pm on December 30, Electoral Commission chairman Samuel Kivuitu and two other commissioners huddled in a tiny room and, exclusively through state-funded Kenya Broadcasting Corporation, announced President Kibaki re-elected. Within an hour, the President was sworn in at State House at a function in which the national anthem was not played and in the absence of the diplomatic corps. Then the country was thrown into chaos. In the fullness of time, history will apportion culpability over the current anarchy. At the moment, however, Mr Kivuitu should take full responsibility. But as he tries to run away from this responsibility to blame the chaos on pressure from PNU and ODM Kenya, I wish to offer the correct legal position over the whole saga and how the country can wriggle out of it. The Electoral Commission of Kenya (ECK) was created pursuant to Section 41 of the Constitution and thus has security of tenure and independence. Section 42A sets out its mandate to be mainly two-fold — the registration of voters and the maintenance of the voter register, as well as directing and supervising civic, parliamentary and presidential elections. The National Assembly and Presidential Elections Act, Cap 7, and its subsidiary, the Presidential and Parliamentary Elections Regulations sets out the legal framework that enables the ECK to effectively and fully conduct elections. The election of political leaders is a key component of any nation state that claims to be a democracy. To be legitimate, the electoral process must not only be free and fair, but also be seen to be so. The regulations clearly set out the road-map for conducting elections, voting, votes counting and tallying, announcing results and challenging the process. Presidential, parliamentary and civic elections are conducted at the polling stations, which are so located that voters have access to them with the least inconvenience and such that the ECK and the Government provide the logistics, the materials and security. At the moment, there are nearly 27,000 polling stations. Each station is headed by a presiding officer, assisted by poll clerks. On the polling day, voters are given specific times within which they may cast their votes in person and not by proxy. All through the entire voting process, candidates’ agents, the media and accredited observers have free and unlimited access to the polling centre to witness the voting. At the close of voting, the presiding officer and his clerks, in the presence of the agents, the media and observers, proceed to count the votes. Once the counting begins, the law stipulates that it shall not stop until it is completed. The results are then announced at the polling stations. The presiding officer then makes three packets each separately holding valid, disputed and spoilt ballot papers. The officer makes another three packets holding spoilt papers, marked copy register and counterfoils of used ballot papers. He also prepares a statement that summarises the voting at the polling station, which he signs. It is countersigned by all the agents present. The packets are sealed and the agents are free to affix their own seal. The two sets of packets, the statement and the ballot boxes are transmitted to the returning officer at the constituency level. The returning officer, once he receives the packets and boxes from the polling stations, proceeds to tally the votes. This is done in the presence of the candidates’ agents and the media. Vote recounting is not gone into, except for those disputed, and the returning officer has discretion to confirm or vary the disputed ones only. He shall never change the valid or spoilt votes. He then proceeds to announce to all present the results of both the presidential and parliamentary votes. The returning officer is obliged in law to then fill Forms 16, 16A and 17A, which set out the results and the votes cast for each presidential and parliamentary candidates. The statutory forms are signed by the officer and the candidates’ agents. The agents, the media and observers are allowed to make and keep copies of the three forms, which are then physically delivered to the ECK headquarters in Nairobi. On receiving them the ECK gives all parliamentary and presidential candidates 24 hours to lodge complaints, if any, including demanding a recount or retallying. The ECK is obliged to, within 48 hours, allow the recount or retallying. All candidates and the ECK therefore have 72 hours to resolve any disputes. It is only after the period that the ECK can announce the winners of each of the 210 parliamentary seats and issue a certificate known as Form 17 to each elected MP and Form 18 to the elected president. The results are then gazetted. With due respect to Mr Kivuitu, it was irregular, unlawful and void in law to announce the results on December 30 and swear in the President on the same day. The ECK boss announced the results when he did not have the original Forms 16, 16A and 17A from each constituency, refused to allow the 24-hour period for candidates to lodge complaints and declined to allow retallying. He told the world that his returning officers had gone underground, and that he did not have powers to order retallying. On the day the results were being announced, Special Gazette Notice No. 12612 was issued declaring Mr Kibaki the president. Mr Kivuitu deliberately misled the world and subverted the law. Section 5 of the Constitution states that the president shall be elected in accordance with the Constitution and the National Assembly and Presidential Elections Act, Cap 7. Non-compliance with the mandatory provisions vitiates the process. In law, the fundamental principle is that a void process does not confer legitimacy. A public officer acting in compliance with the law must comply with the substantive, formal and procedural conditions laid down and at all times act in good faith and for the public good. As a repository of these constitutional and statutory powers and duties, Mr Kivuitu was obliged to be faithful to the process and not be influenced by external forces, as he has admitted. By his infidelity to the law, he has failed the country and must undo the mistakes. Section 5 of the Constitution states that a president duly elected is the one who has the highest votes cast. The ECK can invoke its powers under the Constitution to retally all valid Forms 16 and 16A and retract the results and announce the valid ones. The announcement of results on December 30 was a ministerial act that does not invalidate the ECK’s constitutional powers. The Constitution states that any other law that is inconsistent with the provisions of the Constitution is void to the extent of inconsistency. Thus, Mr Kivuitu must take the high road, invoke the ECK’s constitutional mandate and review the forms and give Kenyans the president they elected, be it Mr Kibaki or ODM candidate Raila Odinga. The tough stands taken by ODM and President Kibaki’s PNU are theatrics which will not help the country. Neither party has any constitutional mandate that is the ECK’s monopoly. If he allows the status quo to stay, Mr Kivuitu will one day be held to account for the bloodshed and property destroyed. The country’s unity and future rest on his shoulders, and he cannot pass the buck. Mr Kipkorir is an advocate of the High Court. | |
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