RAILA: SUPREME COURT RULING WAS UNFAIR

Prime Minister Raila Odinga has criticised the decision by the Supreme Court to uphold the election of Uhuru Kenya as Kenya’s fourth president. Raila said the decision by the county’s highest court was unpopular, as he dismissed it.

 “Supreme Court ishindwe (May the Supreme Court be defeated,” he said. The premier said the decision by the top court was tantamount to the persecution of Jesus Christ.

“The decision is like the persecution of Jesus Christ that occurred over 2000 years ago. Like Jesus, I am still alive,” said the premier, when he addressed crowds in Kondele area, Kisumu on Friday. He said the Supreme Court, under its President Willy Mutunga, made its decision during Easter, on the same period Jesus was persecuted, died and rose. Raila said he would continue with the fight for democracy, despite losing the presidency. He urged Kenyans to continue to fight for justice and democracy, adding that he would spearhead this fight.

“When the cooking stick breaks, it does not mean the process of preparing meals should stop,” he said

Carrying a black Bible and dressed in a checked blue shirt, the premier said Kenyans had been let down by last week decision.

“Kenyan waited anxiously for the ruling. However, they were betrayed with the court’s ruling that was intended to kill his political career,” said Raila, amid chants from the crowd.

“We presented adequate evidence to the Supreme but it was expunged without any consideration,” said a visibly angry Raila.

Earlier, while addressing youth in Jua Kali area, he was presented with a Bible and urged to swear as a president. However, he held it up and said ‘Praise God!’ Uhuru, 51, is set to be sworn in as president on Tuesday, at an elaborate ceremony to be held at Moi Sport Centre Kasarani.

Among foreign dignitaries expected to attend the function is Ugandan President Yoweri Museveni. He is set to be the only guest who will speak apart from outgoing President Kibaki and Uhuru. Last Saturday, the Supreme ruled that Uhuru and his running William Ruto were validly elected after garnering 50.07 per cent in the final tally by the Independent Electoral and Boundaries Commission (IEBC). The judges, a ruling read by Mutunga, dismissed two petitions challenging Uhuru’s election, including one filed by Raila, who obtained 43.7 per cent in the election held on March 4.

Soon after the judgment, the PM said he had accepted the verdict but did not entirely agree with the some of its findings. This is owing to numerous anomalies Coalition for Reforms and Democracy (CORD) presented to court. On Friday, Raila visited several places in the lakeside town and opened a hotel owned by National Assembly member for Gem Constituency Jakoyo Midiwo.

On Thursday, Raila said CORD would stand as the main Opposition party in Parliament to keep Uhuru’s Government in check. He accused the Jubilee Coalition of plotting to weaken the Opposition by seeking post-election alliances with small parties. Among the parties Jubilee has formed alliances with include Kanu, New Ford-Kenya and Peoples Democratic Party.

 

Courtesy: Standard Digital

 

 

KIBAKI NEVER USED HOTLINE

When Chief Justice Willy Mutunga took up office in June 2011, he was promptly notified of the existence of a red telephone placed on top his office desk. At first glance, he thought the telephone was just like any other. But this was not the case. The person showing him round the office had information that startled him. 
The little red telephone was a direct line to State House and would only ring when the President wanted to issue instructions to him.
Said the CJ: “The person who showed me the hotline, pointed at President Kibaki’s photograph hung on the wall and told me ‘hii simu ni ya wenyewe’ (this phone has its owners).” As members of the Judiciary, led by Dr Mutunga, hosted a farewell luncheon for President Kibaki, the CJ revealed that the hotline never rang even once since he took up the office.
“I congratulate you Mr President for not picking up that telephone regardless of how you felt about the way matters were being handle at the Judiciary,” said Dr Mutunga.
He went on: “This is because of the cordial relationship between the Judiciary and the Executive. This relationship has never been one of instructing one another but pulling together when national duty demands.” The supreme court judges gave the President a golfing set comprising a bag, golf clubs and a tie.  Dr Mutunga said more than once, the Judiciary made several decisions that were not so favourable to the government and praised President Kibaki for accepting them.
“On these occasions, you felt that being the statesman, with the ability to see that there was democracy in the country, was more important than engaging in unnecessary contest on who is right and wrong,” he said. The CJ said it was unusual for any head of State to see their power questioned as happened in the events that preceded his appointment to office.
“It is equally not common for a president not to take offence when he is reminded by a court to carry out a constitutional obligation such as happened with the gazetting of the National Lands Commission.”
He said the cordial relationship cultivated between the three arms of government had led to increased budget allocations for the Judiciary. The institution received Sh16 billion from the exchequer. Judiciary Registrar Gladys Shollei noted that the last time a sitting president walked in the corridors of the Courts was in 1969. President Kibaki and others at the luncheon – Attorney General Githu Muigai, Justice Minister Eugene Wamalwa and former Speaker Kenneth Marende – heaped praise on the Judiciary, saying it had played a critical role in the country’s development. They lauded Dr Mutunga for spearheading judicial reforms.
“Since taking office, the team at the Judiciary has proactively instituted measures to enhance service delivery and the administration of justice. It is my prayer that you will continue leading this important arm of government with diligence, dedication, and determination,” said President Kibaki. He also congratulated the six Supreme Court judges for handling well the presidential election petition challenging the outcome of the March 4 General Election.
“I congratulate you for handling all parties with utmost respect, adhering to the constitutional timelines set for hearing and determining petitions, and for maintaining your independence and professionalism. I am certain that the confidence the people of Kenya had placed on you has been affirmed." He expressed delight that their verdict had been accepted by Kenyans, who also maintained peace.
“The ultimate winner was the people of Kenya. Indeed, those aggrieved by the outcome of an election have the right to be heard in our courts. In giving them an avenue to be heard and letting the respondents adequate time to reply, you helped instill confidence in our judicial system,” President Kibaki said.
“The open, transparent and timely manner, in which you dealt with the issues, sends a clear message that through hard work and accountability the large case backlog in our judicial system can be dealt with.
“I trust that the rest of the Judiciary will learn from the Supreme Court whose members, have set high standards and raised the bar in our corridors of justice.”

Courtesy: Nation Digital

THE JUDICIARY BIDS KIBAKI FAREWELL

Members of the Judiciary have bid outgoing President Mwai Kibaki goodbye in a Farewell Luncheon held at the Supreme Court. Present at the Function were Chief Justice Willy Mutunga, Attorney General Githu Muigai, Justice Minister Eugene Wamalwa alongside other distinguished Judiciary officials. CJ Mutunga thanked Kibaki for his support of the Judiciary adding that as President, he (Kibaki) did not interfere with the Judiciary.
Addressing the function, President Kibaki lauded the Judiciary for the large strides they have made in reforming the Justice system. “In the past few years, Kenyans have witnessed the reform of our Judiciary. Since taking office, the team at the Judiciary has proactively instituted measures to enhance service delivery and the administration of justice, “said Kibaki.
Highlighting the conduct of the Supreme Court during the presidential petition process, Kibaki commended the six-judge-bench for the professionalism they exhibited.  “I congratulate you for handling all parties with utmost respect, adhering to the constitutional timelines set for hearing and determining petitions, and for maintaining your independence and professionalism,” he said.
He urged other members of the Judiciary to borrow from the conduct of the Supreme Court. Concluding his address, Kibaki asked the Judiciary to partner with the incoming administration. Other officials speaking at the function praised Kibaki for his service to the nation and they wished him well.

Mwai Kibaki's speech
http://www.youtube.com/watch?v=BBb4DR8skws

 Dr. Willy Mutunga Speech
http://www.youtube.com/watch?v=J0fCVPa5-eM&feature=player_embedded

Jomo Kenyatta Documentary

http://www.youtube.com/watch?v=Twvtuxz-XPA

Jomo Kenyatta was born Kamau Wa Ngengi at Ng'enda village, Gatundu Division, Kiambu in 1889. He was the son of Muigai and Wambui.In 1896 his father died and Wambui was inherited by Muigai's younger brother Ngengi.That is the union through which James Muigai, Kamau's half-brother was born. Kamau's mother later returned to her parents where she died. Kamau moved from Ng'enda for Muthiga to live with his grandfather Kingu wa Magana who was a fortune teller and medicine man. He took interest in Agikuyu culture and customs and used to assist his grandfather in the practice of medicine.

In 1909,Kamau joined Church of Scotland Mission, Thogoto, where he obtained elementary education and carpentry training. In 1912 he finished elementary school and became an apprentice carpenter. In 1913 he was circumcised at Nyogara stream near Thogoto Mission to become member of Kihiu Mwigi/Mebengi age group.

In 1914,he was baptized a Christian and given the name John Peter which he changed to Johnstone. He later changed his name to Jomo and during his later years was known as Jomo Kenyatta. During World War 1,when the British government was forcefully conscripting Africans into the army, Kenyatta took refuge in Narok where he worked as a clerk to an Asian trader. After the war, he served as a storekeeper to a European firm and this time, he began wearing his beaded belt Kinyatta.

He married Grace Wahu in 1920, with whom they had two children, Peter Muigai and Margaret Wambui. He worked in the Nairobi City Council water department between 1921-26 on a salary of about Kenya shillings 250.00 per month. Though he owned a shamba (farm) and a house at Dagoretti, he preferred to live closer to town at Kilimani in a hut and cycled home during weekends. He took interest in the political activities of the Kikuyu Central Association leaders James Beauttah and Joseph Kang'ethe. By 1926, he was the secretary of KCA. He was also chosen to represent the Kikuyu land problems before the Hilton Young Commission in Nairobi. This marked the beginning of his career in politics.

In 1928, he published a Gikuyu weekly newspaper, Muigwithania that dealt with the Kikuyu culture and new farming methods. The Kikuyu Central Association sent him to England in 1929 to influence British opinion on tribal land. After touring some parts of Europe, including Russia in 1930, he returned to Kenya to fight cases of female circumcision together with the Scottish Mission. He supported the idea of independent schools.

In 1931, he again went to England to present a written petition to parliament. It is during this time that he met India's Mahatma Gandhi in November 1932. After giving evidence before the Morris Carter Commission, he proceeded to Moscow to study Economics at the invitation of George Padmore, a radical West Indian. He was forced to return to Britain by 1933 when Padmore fell out with the Russians and he continued with political campaigns in the UK.
During the gold rush, land in Kakamega reserve was being distributed to settlers, something which angered Kenyatta causing him to speak about Britain's injustice. It is for this reason that the British dubbed him a communist. He taught Gikuyu at the University College, London and also wrote a book on the Kikuyu language in 1937. Under Professor Malinowski, he studied Anthropology at the famous London School of Economics (LSE). In 1938, he published a book entitled "Facing Mount Kenya".

During the World War II, Kenyatta served on a farm in the United Kingdom .He owned his own farm in the UK. He married Edna Clarke, mother of his son, Peter Magana in 1942. Along with other African leaders, including Nkrumah of Ghana, he took part in the 5 th Pan-African Congress in 1945 at Manchester.

When he returned to Kenya in 1946, he married Wanjiku, Senior Chief Koinange's daughter, who was the mother of his child, Jane Wambui. During his travels in the countryside at Kiambu, Murang'a and Nyeri, he always spoke to the local people on political matters. His last wife was Mama Ngina, the mother of Christine Uhuru, Anna Nyokabi and Muhoho. In 1947, he took over the leadership of KAU from James Gichuru.

On October 20, 1952, Sir Evelyn, Baring, newly appointed Governor of Kenya, declared a state of emergency in the country. Jomo Kenyatta and other prominent leaders were arrested. He was tried at Kapenguria on April 8, 1953 for managing Mau Mau. He was sentenced to 7 years in imprison with hard labor and to indefinite restriction thereafter. On April 14, 1959, Jomo Kenyatta completed his sentence at Lokitaung but remained in restriction at Lodwar. Later, he was moved to Maralal, where he remained until August 1961. On August 14, 1961, he was allowed to return to his Gatundu home. On August 21, 1961, nine years after his arrest, he was freed from all restrictions.

On October 28, 1961, Kenyatta became the President of the Kenya African National Union and a month later he headed a KANU delegation to London for talks to prepare the way for the Lancaster House Conference.

On June 1, 1963, Mzee Kenyatta became the first Prime Minister of self-governing Kenya. At midnight on December 12, 1963, at Uhuru Stadium, amid world leaders and multitudes of people, a new nation was born and a year later, on December 12, 1964, Kenya became a republic with Kenyatta as the President.

Mzee Kenyatta is acclaimed from all quarters of the world as a true son of Africa, a visionary leader. During his tenure, Kenya enjoyed political stability, and economic progress. In 1974, he declared free primary education up to primary grade 4.He is also remembered for urging Kenyans to preserve their culture and heritage.

He died on 22nd August 1978 at 3.30 A.M. in Mombasa at the age of 89 years, while on a working holiday.
Today, the late Kenyatta is widely acknowledged as one of the greatest men of the 20th century who played a key role in the independence of Kenya and other African nations. His name is always mentioned alongside the likes of Kwame Nkrumah and Julius Nyerere.

 

RAILA ACCEPTS SUPREME COURT DECISION

Prime Minister Raila Odinga has conceded defeat following the Supreme Court judgement that upheld Uhuru Kenyatta's election as president. Mr. Odinga wished Mr. Kenyatta well in running the affairs of government. An hour after the judgement was delivered Prime Minister Raila Odinga addressed the nation, conceding defeat and wishing the president-elect all the best as he takes over the government. Raila pledged to continue serving Kenyans.

http://www.youtube.com/watch?v=jGTjan6V98Y

PRESIDENT UHURU KENYATTA'S SPEECH AFTER SUPREME RULING

Press statement by HE Uhuru Kenyatta E.G.H., President-Elect of the Republic of Kenya following the ruling on the presidential

http://www.youtube.com/watch?v=e7RH4qvIa6A

SUPREME COURT UPHOLDS UHURU'S ELECTION AS PRESIDENT

The Supreme Court has upheld the election of Uhuru Kenyatta as Kenya's fourth president.

Chief Justice Willy Mutunga said Mr Kenyatta and William Ruto were validly elected as President and Deputy President respectively. "It is the decision that the third and fourth respondents were validly elected," Dr Mutunga said. The judgement paves way for the swearing in ceremony of Mr Kenyatta set for April 9 at the Kasarani Gymnasium in Nairobi. The Head of Public Service Francis Kimemia said the government will gazette Tuesday, April 9 as a public holiday when Mr Kenyatta will be sworn in as president.

"The rehearsals will begin on Monday. We have adopted the programme we had earlier on,” said Mr Kimemia Saturday. Martha Karua, who was a presidential candidate in the March 4 General Election, lauded the Supreme Court's decision.

"It is great that the first and most contested decision of the Supreme Court was unanimous. It is a good start for the court," she said.

Below is nation.co.ke live coverage.

http://www.youtube.com/watch?v=YT8Vh6G-35E&feature=player_embedded

MEET KETHI KILONZO, LIKE FATHER

The heavyweights in the Supreme Court room, some of whom are the age of her father and others her former lecturers, does not seem to deter her resolve to represent her client in the historic case. Ms. Kethi Kilonzo has won the hearts of Kenyans on the social media and is now the talk of town even before the presidential election petition gets under way this morning, owing to her manner of prosecuting the case. The daughter of Makueni Senator-elect and Education Minister Mutula Kilonzo who is also a Senior Counsel, is a typical case of like father like daughter.

Kethi, representing a non-governmental organisation, Africog, has not only done her father proud, but has also shown that the best legal minds can be found among young people. Ms Gladwell Otieno is Africog director. Unlike some of her seniors who have exhibited emotions, she has been able to prosecute her case in a composed manner, but hammering the point home to the delight of many. Kethi’s determination has demystified the myth that only seniors can handle major cases before the Court of Appeal and Supreme Court.

In the case filed by Prime Minister Raila Odinga before the Supreme Court, Kethi representing Africog (fourth petitioner) is the youngest counsel. The 2001 Law Degree University of Nairobi graduate has handled major cases touching on the society directly and indirectly as she builds her career among ‘learned friends’. Kethi has acted for former President Moi in a number of cases, including one in which former MP Mak’Onyango claimed he was unlawfully detained during the 1982 attempted coup. Based on her submission to the court, the then High Court judge Kalpana Rawal absolved the former Head of State from any liability on grounds that there was no evidence of personal misconduct in the detention of the petitioner.

The Attorney General was ordered to carry the burden of illegal acts perpetrated by the Government and awarded the petitioner Sh20 million compensation. In the first case that touched on the issue of dual citizenship, Kethi represented former Wajir South MP Mohammed Sirat in a matter that he was required to take plea as an Australian citizen before the Chief Magistrate’s Court. Last year, the young lawyer, who has been running Mutula’s law firm with her brother Mutula Kilonzo Jnr after their father resigned in 2008 after being appointed to the Cabinet, took the Kenya Revenue Authority to task when it seized Sh10 million from the company’s clients’ account to settle more than Sh300 million tax allegedly owed by their father. The High Court issued an order in the two siblings’ favour, compelling KRA to return the money.

In the case in which a group of politicians challenged nominations of Kenyan representatives to the East African Legislative Assembly, Kethi was in the team of lawyers that won the case that saw the East African Court of Justice (EACJ) order the Government to pay the politicians Sh160 million. In the representation of clients whose rights have been allegedly violated, she has filed several cases for her client, the Independent Medical Legal Unit (IMLU). She moved to the EACJ where she filed a case against the State for failing to take action against security officers who committed offences in Mt Elgon between 2006 and 2008.

Kethi was also one of the lawyers in the case Kanu filed against the then Narc Government on the Kenyatta International Conference Centre ownership dispute. She joined the University of Nairobi in 1997 for her Bachelor Degree in Law and joined the Kenya School of Law for a diploma in law before being admitted to the Bar. She returned to UoN where she did a Masters of Law degree in Public Finance.

Apart from studying law, Kethi was the top student in Kenya in 2006 audit examination conducted by Association of Certified Accountants. She is a member of Chartered Institute of Arbitrators (Kenya Branch), Association of Certified Chartered Accountants (United Kingdom), and Commissioner for Oaths.

Courtesy: Standard Digital

 

COURT TOLD, MERCY KEINO WAS TOO 'INTOXICATED'

Former university student Mercy Keino had taken too much alcohol before she met her death, a Government analyst told a court yesterday.

“The blood sample from her body contained a minimum intake of eight beer bottles of half litre or 18 tots of whisky, “the analyst said at a Nairobi Court.

The analyst, Ms. Eunice Njogu told a court inquiry into the death of Ms. Keino that she carried out a chemical analysis on specimens taken from her body which revealed that she had taken too much alcohol. Ms. Njogu said the examination done on June 22, 2011 was to check whether Ms. Keino had taken any chemical poison prior to her death. No other toxic chemical was detected in the blood sample apart from the alcohol, the analyst said.

She had been given samples of Ms. Keino’s blood, contents from the kidney, liver and her stomach by the police. She found high alcohol content in the blood tested. But she added that the alcohol concentration she found in Ms. Keino’s blood could have been residual as she may have urinated, excreted or vomited.

Ms. Njogu who is an analyst of 26 years’ experience, added that if Ms. Keino was a teetotaller she must have blacked out for taking such a high amount of alcohol. Ms. Keino a former student of the University of Nairobi was last seen alive while attending a party at Wasini Luxury Apartments in Westlands Nairobi on June 17 2011. Her body was found on the wee hours of the morning along Waiyaki Way.

The Director of the Public Prosecutions, Mr. Keriako Tobiko ordered an inquest to determine the cause of death because police investigations could not unravel how she died. He body was found along Waiyaki Way on The inquest was ordered by the DPP to investigate the death of Mercy, who died under unexplained circumstances on the night of June 17, 2011 last after attending a party at Wasini Luxury Apartments in Nairobi.

A scenes of crime expert who examined a Mercedz Benz, a caller told the police it had run over Ms. Keino said the vehicle had damages showing that it had hit an object.

Chief Inspector Mwangi Gitau said the damages were concentrated on the front side of the vehicle. He concluded that the vehicle was ion motion when it hit the object. The case was adjourned to June 14. A total of 23 witnesses have testified. The prosecutor will call 33 more witnesses before closing his case.

Courtesy: Standard Digital