We Must Defend Our Judiciary and the IEBC to Prevent Violence Due To a Flawed Electoral Process


Willy Mutunga’s Claims

Justice Willy Mutunga has today made some startling revelations. Dr. Willy Mutunga claims that he has received a threatening letter from the banned Mungiki sect warning him, his fellow judicial officers and even our ambassadors against making any adversarial judgments on both Uhuru Kenyatta and William Ruto.

The Chief Justice, who is also the President of the Supreme Court of Kenya, gives an account of an incident where he was denied the right to travel to Tanzania by an immigration officer. The immigration officer would not allow Dr. Mutunga to travel unless he first seeks clearance from Francis Kimemia, the Head of Civil Service.

In other words, this senior civil servant in the Executive arm of government has to give the go ahead for the Head of the Kenyan Judiciary to travel. I would like to point out that the Office of the Chief Justice is a constitutional office and the Judiciary an independent arm of government.

These actions are a bold and dangerous affront on the independence of the Kenyan Judiciary by both the Executive and an armed militia group. What is worrying is that these two entities seem to be leaning towards one tribe and by extension one presidential candidate.  The obvious conclusion as to their motive is troublesome.

But are these claims warranted? Is there a push by circles within the echelons of power to secure the bid of one presidential candidate and if so would they scoop so low as to secure this bid by either the vote or by the sword?

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Why Target The Judiciary And Diplomatic Core?

The Chief Justice, his judges and our ambassadors are targets because of their indispensable role in the political transition following the elections regardless of whether it is turbulent or smooth. The Chief Justice is also President of the Supreme Court and as such he is the ultimate referee in a game of beasts. His judgment in case of an electoral dispute in the presidential elections will literally play a hand in determining who will finally take over the mantle of power from the incumbent.

Willy Mutunga is also important because of the inauguration process. The process as spelt out by the constitution cannot happen without his or his deputy’s participation. If he is not on board then the legitimacy of the president cannot suffice.

Ambassadors are important in shaping foreign policy attitudes towards Kenya. This is especially true when it comes to the acceptance of our government’s legitimacy or lack thereof by foreign governments. They can also help the regime in power to secure arms and financing from foreign governments.

The Other Key Player in This Equation 

This other key player is none other than Issack Hassan, the IEBC chairman. He too seems to be a target in an elaborate scheme of cover ups.

Regular police shot at Administration police attached to him on 11th February 2013. The incident took place at Hardy, Karen in the dead of night. Fortunately, Issack Hassan was not in the vehicle that was being shot at. The regular police/gunmen only managed to deflate two tyres.

This is another interesting case of police shooting at police! There is much more to this tale than meets the eye just. Remember similar shooting incidences in ‘Paruwanja la Mihadarati’.

The role of the IEBC chairman is too obvious to elaborate. He must not be compromised or intimidated.

What Happens If Both The Judiciary And The IEBC Are Compromised?

If the ultimate referees or their lieutenants are compromised then who will accept the results? More importantly, who will accept defeat? What will become of us if these general elections becomes awash with controversy and intrigues?

What if the IEBC and our Judiciary are both rendered defunct? Will we be forced to turn to our security forces to keep law and order?Are our security forces credible? Can we trust them?

Raila Odinga does not think so and neither do I. Our Prime Minister accuses the Head of Civil Service, the Chief of Defense Forces and the National Intelligence Service Director of secretly conspiring to ensure that his main rival wins these elections.

The Inspector General of Police David Kimaiyo is on record as having cautioned politicians against speaking out on the land issue during this general election. This is my opinion is a vague attempt at trying to gag public debate on the land issue which has proven itself to be a thorn in Uhuru Kenyatta’s presidential campaign bid.

I therefore think it would be naive to trust any of our security forces. Nonetheless, we must always have hope.

Are There Any Other Signals Of Conspiracy And Ill Will?

In recent months judges have been attacked by ‘criminal gangs’ on a frightening scale, the President and his civil service have no apparent interest in gazetting the Land Commission before the elections are done with and Francis Kimemia recently announced that the inauguration ceremony will be held at Kasarani shelving the Nyayo Stadium proposals.

I would like to point out that Nyayo Stadium is a walking distance from Kibera, a Raila Odinga stronghold while Kasarani’s DNA is TNA.

So What I’m I Saying?

Something doesn’t add up. There are opposing forces in this great nation of ours that are bent on seizing power. However, these forces are not equal in terms of power, ingenuity and reach. I believe that one of these forces is now letting the critical players in this electoral process know that they are not indispensable. This, I believe that this was the same message that was being passed to the Royal Media Services when six of its transmitters were being shut down by the CCK.

What Are We To Do?

It is upon each and every Kenyan to do his or her part to protect and preserve our common peace. The onus for safeguarding the beauty of our nation and embracing our diversity is on all of us. We must not fail in this noble task.

True, we have our limitations but we cannot sit idle while fools scheme and conspire. The least that any man, woman and child can do is speak up. We must voice our opposition against all forms of injustice and subversion regardless of what tribe of party we are affiliated to.

Our shared silence will only serve to secure victory for hypocrites and thieves who are constantly devising ways and means of denying us our constitutional and God given rights.

We cannot let goons run our country. A flawed election process would give rise to a new breed of militia and new life to the old ones. It will be like feeding fodder to cattle, adding fertilizer to soil, taunting a rabid dog with red meat. A flawed process will be used as justification by the ‘aggrieved’ party for the use of violence to gain power. It will become a rallying cry for soldiers and warriors. We must not let this happen. Speak up. Defend the IEBC and the Judiciary!

You may also want to read the following article. Please click on the link below to find out more.
http://nahashonkimemia.org/2013/02/26/samuel-kivuitu-is-dead-what-we-and-our-politicians-must-learn-from-his-death/

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2 thoughts on “We Must Defend Our Judiciary and the IEBC to Prevent Violence Due To a Flawed Electoral Process

  1. Despite the cry of the premier on heads of public sevice leaning to one political wing inspector of police have done nothing to investigate such claims. Kenya is leading to where we were in some years, we lost good leaders and citizens in the past and i am foreboarding the same happening. Lets give each arm of the goverment right to perform its functios.

    • Job, I hope your words will echo in the corridors of power. Kenya is bigger than just a few individuals with titles and positions.

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