The five bench High Court has dismissed the kiwani case against UhuRuto . The Five bench court ruled :”The presumption of innocence serves not only to protect the rights of the accused but to maintain public confidence in courts,”.
It added “We cannot exercise the rights of citizens to choose leaders of their choice,” the judges said”. Well said. It was unnecessary burden on the 5 justices.
Well you never know but the judges acquitted themselves well. Justice Nyamweya’s father was minister in the Kenyatta regime. I am not saying that swayed her reasoning but these are establishment figures. Funny thing I knew two of the judges, then law students at the Kenya school of law where I occasionally hang out visiting a Ugandan who taught there.
The Kenyan judiciary has now attracted competent lawyers many of whom from private practice. For example Mrs. Murgor wife of lawyer Murgor the former DPP and daughter of the late AG Justice Muli is now a judge of the court of appeal. Other prominent lawyers on court of apppeal include Professor Otieno Odyek-classmate of current AG at Nairobi law school where they finished, 2, 1 in that order.
Then the brainy Mr. Kathurima Inoti who is the immediate former chairperson of the Kenya law reform commission, and before that a senior partner at Kamau Kuria and Kiraitu Murungi advocates.
Actually the Court of appeal has more brain power than the Supreme Court. Right now they are embroiled in a fight with the CJ whom they accuse of trying to influence the election of the President of the Court of appeal from among the judges. Notice that senior lawyers and former chairperson of LSK were appointed to the Court of appeal and not High Court.
Other notables on the High Court include Justice Maureen Odero, daughter of the late Mr. Tom Mboya, and Justice Kihara Kariuki-now of Court of appeal-nephew of the late powerful minister Mbiyu Koinange.
Ms Racychele Omamo daughter of the late Minister Odongo Omamo is among the 5 women lawyers shortlisted for the post of Deputy CJ to replace Ms. Nancy Barasa
I bring these up to show you that it is mostly the children of the elite eating. That is path dependency for you.
The Kenyan court knew that it was not its territory. They did not want to take blame let alone cause any tensions. I bet you the security was tight.
BTW, they also know that the evidence against UK is tainted. Did you read what the president of the ICC said? That the Kenyan cases are proving hard to prosecute. Why? He did not say but here is why. The key witness the ICC relied on to indict UK and Muthaura turned out to have lied. You know better. If your KEY witness lies the noble thing to do is to withdraw charges. Is that not the standard?
A prosecutor cannot and should not use tainted evidence or evidence she or he knows to be tainted. Have you heard of the project run out of Cardoso law school in NYC by Barry Scheck one of OJ’s Simpson’s lawyers? It is dedicated towards fighting tainted evidence. Mark you EVEN DNA can be tainted to show or convict when in many cases there was no match. If you doubt my claim visit any federal prison in America to see who many Blacks are in jail on trumped charges. You know what I am talking about to be true.
How many black folks are rotting in USA jails due to tainted evidence? You know that many. Some are on death row like Mumia because of the same.
To refresh your memory the witness in question told the ICC that he attended the meeting where UK(Uhuru Kenyata) and Mr. Muthauraa met Mungiki supporters at a Nairobi Hotel. The ICC believed him and went on to base their indictment on his lies. Now they have discovered it and no longer wish to present that witness. In law when the key evidence is tainted, the case generally collapses.
So the ICC wants to indict UK and Mr Muthaura on tainted evidence. On LIES? Yes LIES?
For me who is against the ICC, I welcome such self-inflicted wounds. Sooner or later African peoples will wake up and exercise their sovereignty and undo those ICC agreements. The ICC is a CREATION of the former Imperial powers to continue dominating African peoples. That may be acceptable to you but not me. Hell No.
QN: do you think the EU and western warnings are achieving their intended purpose of scaring the Wanjikus against Jubilee’s UhuRUto?
From what I have heard and been told, the warnings have managed to do the exact opposite? Emboldened the Wanjikus to give the wabeberu the finger. They are ready to vote and be damned. Ndiyo.
Hon Karua and MM wanted UhuRuto out for obvious reasons. I liked Mr Muite’s take on the whole ICC thing. He basically called out the ICC for selective persecution.
Let us be honest, the West and puppets of the West are scared to hell that UK will win. That is their problem. Let Wanjiku do her part and hopefully the West can respect, I repeat respect the verdict by the Wanjikus. Is that asking too much?
Civil societies have tried to abuse the court process. They have lost and will lose big on March 4.
Bear in mind that they duped wabeberu to give them more money. Yes civil society in Africa is involved in what Cameroonian scholar Mbembe calls extraversion. Accountability is to wabeberu and not the Wanjikus.
There are no more pretences from President Kibaki. He has gone to Othaya twice to present Mr. Mugambi to the voters. Yesterday he actually endorsed him at Othaya Boys School where Wambui was locked dout of the gates. She was dressed in valentine colors but there was no love. She left with her convoy. I think Wambui erred in taking on the first family so directly with the likes of Shebesh.
It is true that RAO/Cord may be leading in more states, but think again. Is it not true that the Republican loser carried more states than the democratic winner in the USA? In Kenya some of those provinces are the equivalent of Idaho, Wyoming, South Dakota, etc.
What is the equivalent of California, Florida or Texas in Kenya? What I am demonstrating is that Jubilee will win handily even though RAO may win more provinces. I invite readers to ponder this. How many parliamentary seats are in Meru and Embu combined? Then figure out how many seats they are in Coast and North Eastern.
I believe Jubilee will carry Nairobi –the equivalent of Ohio-contrary to what those polls show. So I am putting it to you that Jubilee will win 50 plus one in round one by win overwhelmingly in Rift valley, Central and upper Eastern in Meru and Embu. They will top up with more than 25 percent of the votes in Kisii, North Eastern and Coast.
Actually RAO/Cord has no equivalent of Central or Rift valley where Jubilee will win big and I mean huge. CORD will carry Nyanza but not with huge margins as Jubilee will do in Central and Rift valley. Cord could also carry Eastern but barely.
And let us suppose that CORD wins 60 percent of the vote in Coast and 60 percent in north Eastern. It will still be short of anything close to Jubilee. Ok, think about it, what is larger in numbers: 80 percent of 200, 000 or 60 percent of 500, 000? I bring this example to caution people about percentages?
BTW, I am not arguing for the sake of it. A political commentator by the name of Mutahi Ngunyi has courted controversy with his thesis of the “tyranny of numbers”.
So here is the truth. UK will win in round one by simply wining huge in Central and Rift valley. He will top up with votes in Nairobi, Upper Eastern, Coast and North Eastern. The province Jubilee will be shut out is Western. And my friend who is there told me Amani is doing much better than is being given credit for.
QN: why or what makes some people think that the Luhyas are the only group in Kenya to defy tribal voting? Hint: AFC vs Gor Mahia games are hotly contested to the point where violence is the norm and not the exception. There are very few Luhya players who play for Gor Mahia and vice Versa. Football is divided but not politics. Listen, no great Luhya player opts for Gor Mahia over Ingwe; similarly, no great Luo player opts for Ingwe over Gor Biro. So what makes you think otherwise when it comes to politics?
On March 4, Amani will win most of the votes in Kakamega and Bungoma and substantial votes in Busia. You and others are hoping that the Luhyas will defy tribal voting. Wapi.
Let me share with you a story from a Kenyan Bukusu friend who left to go and run for a seat in Bungoma. He wanted to be Governor. I remember telling him that it is not possible for someone to live that long in the West and go home and expect to win. He thought otherwise.
He wrote me an email yesterday that things are not going well for CORD in Bungoma. I am sure you may have heard that the CORD/ODM candidate for Governor threatened to quit claiming that CORD/ODM was not helping him out.
According to my friend who is associated with the Wetangula Ford Kenya, Bungoma is a hard sale for CORD because it is pro Wamalwa/AMANI. Bottom line AMANI is doing much better than is being reported or captured in those so called polls.
So the chap is there campaigning to become an MP fully aware that he has a job waiting for him back here. He told me he took a 6 month leave.
I am actually confident that Jubilee will win 50 plus one on the first ballot. There is rebellion in Kitui where Mrs Ngilu is now poised to do well.
Jubilee is mobilizing its members to turn up in large numbers and end the election in round one proper for the same reason you allude too. Mrs. Karua has not votes to deliver.
Next week Jubilee will go to Luo Nyanza proper, not to win votes but to show that it is ready for the entire country.
Western warning and interference was a God send to Jubilee. They made a blunder to assume that Wanjikus will or still revere wabeberu. Kenya is not like Mali or for that matter any Francophone country.
So let the campaigns go on. The court has spoken clearly, although these behind the groups trying to abuse the court process will pour in more money to try and appeal.
To those of you in Africa if you want to eat money, play wabeberu kabisa. Be with them. Generally they are dupable.