BREAKING: Raila’s Final Message To Kenyans, NASA Transforms to National Resistance Movement

RAILA ODINGA’S Revolutionary Mesage to Kenyans
1. NASA coalition now transformed into a national resistance movement.
2. Embark on national campaign of defence and non
3. Boycott goods and services offered by businesses that benefit from dictatorship.
4. Convince a People’s Assembly to chart way back to a democratic system.
5. Mobilise for a fresh, free and fair election within 90 days.

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Why Supreme Court Judges Failed To Turn Up To Hear Case Seeking To Postpone October 26th Election

The Supreme Court failed to raise quorum to hear the case on poll postponement, Chief Justice David Maraga announced on Wednesday.

This eliminates what appeared to be the last hurdle that could have stopped tomorrow’s repeat presidential election

“Regrettably, this matter cannot proceed to hearing this morning. Following the events of last night, [Deputy Chief Justice Philomena] Mwilu is not in a position to come to court,” Maraga said.

Mwilu’s driver was seriously injured when unknown gunmen shot at her official car in Nairobi’s Hurlingham area. She was not in the car at the time of the attack.

Read: Deputy CJ Mwilu’s driver shot on Ngong Road, robbed of gun

The CJ further said justice Mohamed Ibrahim was unwell and out the country for treatment.

“[Jackton] Ojwang and [Smokin] Wanjala are not able to come to court. Njoki [Ndung’u] is out of Nairobi and has not been able to get a flight back in time for the hearing,” he said.

“That leaves [Isaac] Lenaola and I. The two of us cannot form the quorum for this matter so it cannot be heard this morning. It is adjourned to a date to be taken to the registry. I apologise.”

There is speculation that some political players worked to prevent the case from going on to avoid a situation where the election is postponed.

The opposition, NASA, insists that there will be no election while the ruling Jubilee side has gone all out to prepare for the repeat poll.

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As Jubilee celebrates lack of quorum, NASA will have the last laugh

By Albert Nyakundi Amenya

Jubilee supporters are really funny. You see, today they are celebrating the fashioned absenteeism of judges that resulted to lack of quorum.

They are all over celebrating on social media and thanking God for it. Now they are saying Mungu amewatendea.

Judge Njoki Ndungu is not in Mombasa as alleged. In fact she is hiding at the Jubilee party headquarters in Pangani together with judge Jacktone Ojwang.

Smoking wanjala was forced not to leave his house this morning. In plain English he is under house arrest.

Deputy chief justice Philomena Mwilu cheated death yesterday. She could have been on the cold floors of Lee Funeral home.

Today’s lack of quorum at the Supreme Court is not by accident. It was well planned yesterday.

But wait until NASA petitions tomorrow’s shambolic PR exercise in the name of election before the same court. Just like the previous one, they will nullify it.

The same Jubilee keyboard Mujahadin hurling oral stones here will be all over crying like small babies trying to sympathize with Mr. Kenyatta.

My friend, during the petition, there will be no absenteeism. We have sreenshot most of your celebratiry posts and we shall use them as a reminder when we revisit.

I know Adolf Hitler made two lazy quotes:

“The winner shall not be asked how he did it”
“It is not the truth that matters, but victory”

Those days are long gone.

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”In whose interest is the October 26 repeat election?”- Hon Ole kiyapi

Elections should be done on behalf of Kenya

By James Ole Kiyapi

In whose interest is the October 26 repeat election?

We all want a united Kenya, where everyone belongs to the government. A Kenya that we all belong to: The only duty of leadership is to bring the people together and forge a united agenda for the people and the country.
The Supreme Court wanted the election done within 60 days. The IEBC is not prepared. I don’t know the solution because we are already late. IEBC Chairman Wafula Chebukati had the time to go to the Supreme Court and seek more time so that he can reorganize his team. He did not. Chebukati is a coward. He should know that he is the chairman because the Kenyan people gave him a job. He knew the country was divided and should have looked for a solution. It is high time President Uhuru Kenyatta and NASA leader Raila Odinga talked to each other to find a solution. Not their solution, but the solution that serves the interests of the 45 million Kenyans. A lasting solution so that we can live in peace.
That is why I say our country should be back from this very unnecessary conflict and another prolonged season of hatred. It is unacceptable to have the tension after every five years during the polls. We must have a lasting solution where everyone elected becomes a President for all Kenyans.
Because Chebukati failed to do his part, it is up to the two main leaders – the President and the former Prime Minister – to take charge.
Even if we go to the October 26 polls and Uhuru is declared the President and half of the country is not happy, what is the benefit of that! And even if we don’t hold the election and we are still polarized it does not add value. We need to be a united country so that whoever becomes the President becomes the President of the whole country. I want the 19 million registered voters to line up and vote, because it’s their right and duty, in peace, in a fair, free and credible poll. Elections must meet all the constitutional and international standards.
The question Jubilee should ask themselves is, For whose benefit is the October 26 election? Is it for part of the country or the whole country! Elections should be done on behalf of the nation.
Uhuru and Raila must talk. Right now.

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Breaking: Appointment of ROs by IEBC was Illegal- High Court Rules

Breaking:

Justice George Odunga rules; appointment of all IEBC Returning Officers for the repeat PRESIDENTIAL elections scheduled for tomorrow is ILLEGAL.

If they happen to handl e any business tomorrow in the name of election then we consider it illegal.

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The secret behind unconstitutional appointment of Nkatha to a nonexistent position

By Albert Nyakundi Amenya

First, the position of Deputy National Returning Officer does not exist under the Constitution of Kenya and/or any electoral laws.

Article 88 (4) of the Constitution, the first constitutional provision on which the appointment is purportedly made, only spells the functions of the IEBC (conducting elections, voter registration etc). It has nothing to do with appointment of IEBC Commissioners or staff.

Article 138 (10) of the Constitution, the second constitutional provision on which the appointment is purportedly made, specifically says that “the chairperson of the Independent Electoral and Boundaries Commission” shall declare the results of the presidential election within 7 days.

It has no provision for delegation of this task to any other Commissioner or officer of the IEBC.

While on the point, there is a principle in constitutional/administrative law called delegatus non potest delegare or something like that.

In ordinary parlance, it means one on whom a constitutional or statutory function is conferred cannot delegate that function unless the constitution or statute expressly permits him to delegate it.

Section 11 of the Independent Electoral and Boundaries Commission Act, 2011, the first statutory provision on which the appointment is purportedly done, is regulates the appointment of “employees” of the IEBC.

Ms Consolata N. B. Maina is not an employee of the IEBC. She is a member/commissioner of the IEBC. Accordingly, section 11 of the Independent Electoral and Boundaries Commission Act, 2011 does not and cannot conceivably provide any legal foundation for the purported appointment.

Section 38 of the Elections Act, 2011, the second statutory provision on which the appointment is purportedly done, requires returning officers appointed under sections 16, 17 and 19 of the same Act to hold an election in accordance with a gazette notice published pursuant to section 14.

Sections 16, 17 and 19 of the Elections Act, 2011 refer to returning officers for parliamentary, gubernatorial and county assembly elections respectively.

There is no parliamentary, gubernatorial or county assembly election scheduled for 26th October 2017. Accordingly, section 38 of the Elections Act does not and cannot conceivably provide any legal foundation for the purported appointment.

Section 39 (1D) of the Elections Act, 2011 the last statutory provision on which the appointment is purportedly made, restates the provisions of article 138 (10) of the Constitution.

In other words, it reiterates that the “chairperson” of the IEBC shall declare the results of presidential elections. Accordingly, section 39 (1D) of the Elections Act, 2011 does not and cannot conceivably provide any legal justification for the purported appointment.

The gazette notice also cites subsidiary legislation as a justification for the purported appointment. There is no point in delving into subsidiary legislation.

It is a basic/elementary principle of law, known to every first-year law student, that subsidiary legislation cannot permit that which the parent statute does not permit.

The legal maxim for any such subsidiary legislation is called ultra vires. Now, in constitutional/administrative law, anything that is ultra vires is also invalid, null and void.

Lastly, section 6 (1) of the Independent Electoral and Boundaries Commission Act, 2011 states that “The chairperson of the Commission shall be a person who is qualified to hold the office of judge of the Supreme Court under the Constitution.”

To the best of my knowledge, Consolata N. B. Maina is not qualified to be a Judge of the Supreme Court under the Constitution. This means (inter alia) she cannot assume the functions of the IEBC Chairperson.

Even assuming, which is not the case, that the purported appointment had a legal foundation.

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Breaking: Raila To Address Massive Rally At Uhuru Park Tomorrow, To Announce Final Position

NASA TO ANNOUNCE FINAL POSITION ON THURSDAY ELECTION AT UHURU PARK RALLY WEDNESDAY:

The National Super Alliance (NASA) will tomorrow, October 25, 2017, announce its final position on elections scheduled for Thursday.

The coalition will make the announcement at a public rally at Uhuru Park at 2 PM.

NASA invites supporters to turn up in large numbers for the crucial announcement.

DENNIS ONYANGO

OCTOBER 24, 2017.

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