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October 21, 2017

NASA should follow the law if dissatisfied with the results

Lawyer James Orengo,NASA running mate Kalonzo Musyoka, presidential candidate Raila Odinga and Musalai Mudavadi during a media briefing at a Nairobi hotel yesterday August 10,2017 where they urged the IEBC to declare him as duly elected President Of Kenya. Photo/HEZRON NJOROGE
Lawyer James Orengo,NASA running mate Kalonzo Musyoka, presidential candidate Raila Odinga and Musalai Mudavadi during a media briefing at a Nairobi hotel yesterday August 10,2017 where they urged the IEBC to declare him as duly elected President Of Kenya. Photo/HEZRON NJOROGE
On Tuesday, Kenyans trooped to their respective polling stations to elect new leaders for the next five years. This clearly demonstrated their commitment to protect, uphold and defend the Constitution.
Against this commitment, the conspiracies of some politicians, who appeared to have sensed defeat and earlier wanted the election postponed, will be inconsequential.
This time round, the election was conducted by the new team of IEBC commissioners, appointed just six months to the polls. This is after MPs passed proposals agreed on, through consensus, by a bipartisan committee chaired by Senators James Orengo and Kiraitu Murungi. President Uhuru Kenyatta and opposition leader Raila Odinga had separately lobbied them to make that collective decision.
This came in the wake of violent anti-IEBC street protests organised by Cord.  The agitations were mainly designed to hound the Issack Hassan-led commissioners out of office for allegedly conspiring with UhuRuto and outgoing President Kibaki’s key allies to deny Raila victory in the 2013 polls. It’s worth noting that Raila was the Prime Minister at the time.
Raila and his brigade didn’t provide tangible evidence in the Supreme Court to support their claims. He lost as the court upheld Uhuru’s election as President.The case had been built on unproven allegations and speculation.
But it was not the first time Raila is contesting the electoral outcome. In the 2007 General Election, he rejected President Mwai Kibaki’s win, and refused to take his petition to the Court of Appeal, the highest court in the land in the Old Constitution. Instead, he asked his supporters for mass action and to fight for ‘truth and justice’. The sad memories of what transpired thereafter are still fresh in our minds.
Is NASA laying similar ground once again? Well, the tone of the statement released by Raila on Wednesday at ABC Place, Nairobi, as soon as the provisional results started streaming, raised questions about his commitment to a peaceful election. Flanked by his co-principals Kalonzo Musyoka, Musalia Mudavadi and allies Senators James Orengo and Johnson Muthama, the NASA candidate dismissed the provisional results, and told his supporters to ignore and reject the presidential results displayed from Bomas of Kenya. At the time, Uhuru was leading with a margin of over 1.6 million votes. Raila was at pains to respond to the questions posed. Do you expect NASA supporters to heed your call to remain calm, when you have already told them not to accept the results? When you claim the electronic results transmission and tallying systems had been hacked, where is the tangible evidence?
If you dispute the poll outcome, the law requires you to file a petition at the Supreme Court. Will you follow the law? In response, Raila said, “For now, we are waiting for the IEBC to conclude the tallying and declare the result.”
In trying to justify the IEBC system had been hacked, he displayed some documents as addenda written in technical language. As such, it is hard for ordinary Kenyans to know whether the contents were factual. Besides, the explanation by the NASA ICT expert raised more questions than answers. Again, Raila did not disclose where he got the documents.  So far, he has contested four presidential elections. If he wanted Kenyans to believe him, one would have expected him to parade his agents who might have witnessed the relayed results being altered or changed.
Instead, he introduced a new angle. He revisited, misinterpreted and distorted President Uhuru’s remarks during the campaign trail. For instance, he claimed that the President told the Kamba community that he knew where his votes would come from even if they do not vote for him. This is the correct version of what Uhuru said. “I have come here to request you to vote for me.  You have a right to make that choice. I cannot force you to do so”.
Again, the question that comes to mind is. How do you relate Uhuru’s remarks with the results? The President was not playing any role in this election. He was a candidate while the IEBC is an independent constitutional commission. The other question is. Why would NASA participate in a flawed process? My unsolicited advice to NASA is that they should follow the due process of law, and I highly doubt their petition would see the light of day.

On Tuesday, Kenyans trooped to their respective polling stations to elect new leaders for the next five years. This clearly demonstrated their commitment to protect, uphold and defend the Constitution.

Against this commitment, the conspiracies of some politicians, who appeared to have sensed defeat and earlier wanted the election postponed, will be inconsequential.

This time round, the election was conducted by the new team of IEBC commissioners, appointed just six months to the polls. This is after MPs passed proposals agreed on, through consensus, by a bipartisan committee chaired by Senators James Orengo and Kiraitu Murungi. President Uhuru Kenyatta and opposition leader Raila Odinga had separately lobbied them to make that collective decision.

This came in the wake of violent anti-IEBC street protests organised by Cord. The agitations were mainly designed to hound the Issack Hassan-led commissioners out of office for allegedly conspiring with UhuRuto and outgoing President Kibaki’s key allies to deny Raila victory in the 2013 polls. It’s worth noting that Raila was the Prime Minister at the time.

Raila and his brigade didn’t provide tangible evidence in the Supreme Court to support their claims. He lost as the court upheld Uhuru’s election as President.The case had been built on unproven allegations and speculation.

But it was not the first time Raila is contesting the electoral outcome. In the 2007 General Election, he rejected President Mwai Kibaki’s win, and refused to take his petition to the Court of Appeal, the highest court in the land in the Old Constitution. Instead, he asked his supporters for mass action and to fight for ‘truth and justice’. The sad memories of what transpired thereafter are still fresh in our minds.

Is NASA laying similar ground once again? Well, the tone of the statement released by Raila on Wednesday at ABC Place, Nairobi, as soon as the provisional results started streaming, raised questions about his commitment to a peaceful election. Flanked by his co-principals Kalonzo Musyoka, Musalia Mudavadi and allies Senators James Orengo and Johnson Muthama, the NASA candidate dismissed the provisional results, and told his supporters to ignore and reject the presidential results displayed from Bomas of Kenya. At the time, Uhuru was leading with a margin of over 1.6 million votes. Raila was at pains to respond to the questions posed. Do you expect NASA supporters to heed your call to remain calm, when you have already told them not to accept the results? When you claim the electronic results transmission and tallying systems had been hacked, where is the tangible evidence?

If you dispute the poll outcome, the law requires you to file a petition at the Supreme Court. Will you follow the law? In response, Raila said, “For now, we are waiting for the IEBC to conclude the tallying and declare the result.”

In trying to justify the IEBC system had been hacked, he displayed some documents as addenda written in technical language. As such, it is hard for ordinary Kenyans to know whether the contents were factual. Besides, the explanation by the NASA ICT expert raised more questions than answers. Again, Raila did not disclose where he got the documents. So far, he has contested four presidential elections. If he wanted Kenyans to believe him, one would have expected him to parade his agents who might have witnessed the relayed results being altered or changed.

Instead, he introduced a new angle. He revisited, misinterpreted and distorted President Uhuru’s remarks during the campaign trail. For instance, he claimed that the President told the Kamba community that he knew where his votes would come from even if they do not vote for him. This is the correct version of what Uhuru said. “I have come here to request you to vote for me. You have a right to make that choice. I cannot force you to do so”.

Again, the question that comes to mind is. How do you relate Uhuru’s remarks with the results? The President was not playing any role in this election. He was a candidate while the IEBC is an independent constitutional commission. The other question is. Why would NASA participate in a flawed process? My unsolicited advice to NASA is that they should follow the due process of law, and I highly doubt their petition would see the light of day.

 

 


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