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Saturday, January 14, 2012

Court Rules 2013 Most Likely Election Year

Updates

The law may be an ass but how do the so-called constitutional court reconcile these three conflicting provisions of the new set of law if they are to avoid being seen as fenceseatters or partisan at worst :


1) They went y Section 9 of the Sixth Schedule which states that the first elections for the President, National Assembly, Senate, County Assemblies and Governors shall be held within 60 days after the dissolution of Parliament at the end of its term (do we have we have Senate, County Assemblies or Governors presently?).

2) They state that the Sixth Schedule is independent of the provisions of Article 101 which provides for elections in the second Tuesday of August hence the term of the National Assembly cannot be shorter that five years and that (new wine bottled in old wine skins?).

3) As per Article 255 of the Constitution, an amendment to the Constitution affecting the term of the President cannot be effected into law without a referendum (Kibaki's term ends on 30 December, 2012 so elections in March 2013 leaves a vacuum?)


I hope there is an IVY LEAGUE lawyer out there to please clarify!

=========================================

The much awaited court ruling on when Kenyans will go the polls came in a few moments ago and the initial reaction is that it is NOT good news for most.

Essentially the ruling says that unless the two principals dissolve the coalition then we will have to wait until the expiry of the current parliament which will be January 15th and then go to the polls 60 days after that which will be mid March 2013.

The vast majority of Kenyans on the ground sense mischief in pushing the elections to 2013. But naturally they are not aware of the fact that the law is the law. And it can hardly be twisted to suit anybody’s whims. The law which brought about the coalition government that we have suffered under for the last four long years (which actually feels more like 8 years) superseded many other laws of the land, including the new constitution it now seems.

But some important points to note here so that we don’t loose perspective;

• The most likely mid March 2013 election date is barely 3 months after the most popular suggested date for the general elections so far which is in December 2012.

• It is also about 7 months or so after the August date the new constitution talks about.

• It is NOT a whole year later.

Still the mood on the ground is that any extra hours longer than necessary that the current parliament and leadership remains in office is too long. And to most people it seems that the elections have been put back a whole year!

To be very honest there is still too much to be done legislatively so much so that the most realistic date for Kenyans to go to the polls is after January 31st 2013. That is the truth.

But then who cares about the truth when it is politics and the mood of the country we are talking about? Long suffering Kenyans have good reason to feel what they are feeling after decades of very bad leadership and this is the main reason why there is always so much excitement and anticipation whenever a new election comes up. It offers new hope to the people that things will change for the better. This time round the anticipation is at fever pitch because of the new constitution Kenyans so unanimously passed into law. A constitution written mostly with the blood of the people of Kenya a fact which many of us conveniently chose to forget way too often. Although just now it may be a little easier to remember because neighbouring Tanzania is clamoring for a new constitution and already it seems that the road is going to be very long and treacherous probably even more so than what Kenyans went through because baba na mama CCM (Chama Cha Mapinduzi) will not let go of power that easily. And unlike Kanu in the 1980s this is a party that has tentacles reaching into every small nook and cranny of Tanzanian life. So much so that many ordinary Tanzanians wryly call house flys “CCM”. The CCM juggernaut is the very heart beat of this vast underdeveloped sleeping giant of a nation whose citizens mostly envy Kenyans just because they can speak English. But that is not Kumekucha’s jurisdiction and so let us come back to Kenya shall we.

My take is that the ruling of the constitutional court on the next general elections has had the effect of causing the very unpopular leadership in the country to become even more unpopular in the eyes of the people.


Political joke of the week;
Little Njoro of Buru estate in Nairobi wanted Kshs 1,000 badly and prayed to God for two weeks but nothing happened.

Then he decided to write God a letter requesting the Kshs 1,000. When the postal authorities received the letter addressed to God from Buru buru in Kenya, they decided to send it to State House.

The letter never even got to the president but an aide was very touched and so he sent the boy Kshs 200. He felt that this was a lot of money for a small kid.

Njoro was delighted when he received the Kshs 200 and sat down to write a thank you note to God, which read:

Dear God,
Thank you very much for sending the money.

I don’t want to sound ungrateful but I noticed that for some reason you had to send it through State House and, as usual, those crooks deducted a whole Kshs 800. My teacher tells me that you never forget, but did you not this once forget that Kenya is one of the most corrupt countries in the world and that as my dad is always saying corruption starts at the top?

I suggest you send an angel next time.

Thanks,
Njoro.

24 comments:

Anonymous said...

This is very bad news. Eti 3 months difference? 3 months is 3 life times in the game of politics.

kumekucha said...

I forgot to mention the following important point in my post:

President Kibaki is in a mad rush to complete a number of projects that he sees as his legacy. It is therefore highly unlikely that he would want to shorten the life of his own term (even by a week, let alone by 3 whole months). Raila Odinga can however act on his own and withdraw his party from the coalition government thus helping to satisfy the desires of the majority of his potential voters.

Over to you Bwana PM...

Chris Kumekucha.

Anonymous said...

Listen here people
If you think elections should be held in a rush what about the lack of proper planning and an disorganized surrounding the preparation for the largest voting exercise in the history of this country?

Preparation is the one thing you should consider however if that is not enough you should also consider that Kenya is for all of us not just those who want to "get rid of the bad leaders". Those same people you are tired of will all be back in the next government in one way shape or form so we might as well do things properly to start of on a good foot with the new laws and safeguarding its rule for future generations

Phil said...

On the contrary Chris, ODM has no intentions of pulling out of a government that ODM formed. ODM is part and parcel of the GCG until its mandate expires.

The court ruling today is ambiguous and will not see light of day. The court is basically fence sitting.

The electoral cycle is already here with us, and the impending Hague ruling will only move the gears upwards. The IEBC is already politicized and partisan, it would be the worst to decide election date. Might even use it as a weapon the same way Moi did.

The Supreme Court will make the final decision. And it may surprise many even those who think that we are rushing the elections. The fact is that Kibaki ceases to be president on 28th Dec 2012, and then what??

Philip said...

I can decide to look at this ruling in two ways.

The first is by getting annoyed that what people call MPigs are extending their tenure by three more months.

The second is by looking at the past and saying afterall we will vote for another new breed of Mpigs that we will get dissapointed with within a year, and think of ousting them in 2017 or 2018. In addiditon there will be an additional 80 MPigs to steal from us so that even if this constituiton is extended upto August 2013 then it will just be postponing the problem we will start facing after election.

So choose the way you want to approach this.

Maximus said...

Elections cannot happen in 2012!

2012 is a year of perfection.
12 is the number of completion and governmental perfection!

Symbolism

•Twelve is the number of what is completed, which forms a whole, a perfect and harmonious unit. In the ancient civilizations, like Oriental and Judaic, it corresponds to the plenitude, the completion and the integrality of a thing. R. Allendy tells that it expresses the idea that the Universe forms a whole, associated with the idea of differentiation - 10 + 2.
•Represent the manifestation of the Trinity to the four corners of the horizon - 3 X 4.
•Symbolize the command and the good, and governs the space and the time, that is to say the operation of the Cosmos, from where its designation of cosmic number.
•Symbol of material and spiritual food, because of the 12 breads which Jesus Christ broke to the Last Supper, Himself being the Bread of Life.
•Number attributed to the government of the world or the cosmos.

Even among our Christian brethrens can bear witness that 12 is a very significant number in the bible!

There were 12 patriarchs from Seth to Noah and his family and 12 from Shem to Jacob

12 Sons of Israel who later became 12 tribes of Israel
12 judges at the temple of Solomon
12 disciples who later become 12 apostles
12 breads at the table of show-bread
12 stones at river Jordan
12 foundations in the heavenly Jerusalem
12 gates
12pearls
12 angles
12 thrones
12 hours from dask to dawn and 12 hours from dawn to dask.

People whose number 12 is their birthday:

•Julius Caesar
•Abraham Lincoln
•Charles Darwin
•George Bush
....and maybe somebody reading this!!

Even in biology, when a pregnancy passes 12 weeks, the baby is considered safe from miscarriage.

12 is an important number.

Enjoy 2012, a year of Governmental perfection and completion!!

Maximus

Anonymous said...

anon 7:04AM
the only thing that can be perfected by this dysfunctional and top heavy coalition government is the perfecting of Kenyans anger towards the current 222 MPs, nominated party ticket holders,cabinet ministers and their assistants and the speaker of the national assembly

Anonymous said...

Breaking News

JSC PETITIONS Kibaki to suspend Deputy Chief Justice Nancy Baraza and appoint a tribunal to probe her conduct following shopping mall incident....

Anonymous said...

Why can't laws be written in simple and plain language which can be clearly understood by all people? I thought the committee of experts are learned enough to have come across '101 Communications Studies'course.

Anonymous said...

Wait a minute!
What does the president of Kenya have to do with the disciplining of a judge in an "independent judiciary"? were they not appointed to operate independently? why should they turn around and ask President Kibaki(who will of course reinstate Baraza, why not?) to constitute a tribunal to investigate something which they can investigate themselves?

Dr. Willie Mutunga is playing chicken is he not?

Anonymous said...

Anon 7:37 AM

I wasn't talking about your crass Kenyan goverment, I was talking about 12 being a PERFECT number that governs the universe. i.e The sun which "rules" the day, and the moon and stars which "govern" the night and this is done by their passage through the 12 signs of the Zodiac which completes the great circle of the heavens of 360 (12 x 30) degrees or divisions, and thus govern the year.

And as 12 being the perfect number, it is the law of natural/divine which states everything that falls under this number MUST be perfect!

When Judas betrayed Jesus and the number of disciples became 11, did they like that number? Nope! Why?

Mwarang'ethe said...

Chris Kumekucha wrote:

"I hope there is an IVY LEAGUE lawyer out there to please clarify!"

xxx

Chris, if the readers of this blog would just listen/read with OPEN MINDS what the African Teacher and a FRIEND OF THE KENYAN/AFRICAN PEOPLE, writes on this blog, they would know more.

Sample this:

A few days ago, we wrote this PROPHECY:

"- the new constitution has ADDED NOTHING to what this body is going to do. It shall use the OLD LAW.

By this, you need to appreciate that, we have:

- the Law, and
- the Constitutional Law.

Yes, Kenyans THINK they UNDERSTAND the Constitution. However, that Constitution can only be interpreted as per the LAW."

xxx

What we write here is not fantasy.

In the fullness of time, this truth SHALL dawn on many.

So, with those few words, we leave to enjoy:

When the race gets hard to run,
It means you just can't take the pace.

When it's time to have your fun,
You find the tears run on down through your face,

Many a time I sit and wonder why
This RACE so - so VERY HARD to run,
Then I say to my soul: take courage

Then you stop and think a little:
Are you the VICTIM of the system?

http://is.gd/VWFLy8

Anonymous said...

@1/13/12 7:04 AM & 1/13/12 8:35 AM
Re: "Court Rules 2013 Most Likely Election Year".

It's critical to understand the accuracy of cosmological and religious information; to break down the ever growing body of misinformation and discover the truth about the reality of what you try to present or comment on.

I fear Freud was right about your type of prophecies: it is at least highly conducive of 'obsessional neurosis.'

The issue of 12 being a perfect number is nothing more than religious myth, cosmological fabrications and warped symbolic notions or lies that have no bearing to any reality.

Anyway, allow me to focus my attention back to Kumekucha's - "Court Rules 2013 Most Likely Election Year".

Anonymous said...

@Chris,
You will be treading on Chama Cha Mapinduzi if you allow CHADEMA's rank and file to lure you into trying to expose the not so good, the bad and the ugly that has been brought about by "CCM".

Otherwise you may soon find youself under CCM's spell for the remainder of Jakaya Kikwete's last term in office.

So, watch out for the "CCM" juggernaut, it's perfected the art of Configuring, Changing and Managing people at the grassroots, whether it's in the urban or rural areas of Tanzania.

YHBW, don't mess with "CCM" or else utapenduliwa ili undelea kuchuma juani bila kula kivulini.

Anonymous said...

You dont need a law degree to see the mischief behind this ruling.

Many speculate that Ruto and UK will be busy in the Hague until the end of 2012. They have a chance of getting away with it. They need time to campaign and to attend to the court sessions at the same time.

PNU has now given them the chance to participate in the 2013 elections.

The law is clear. Elections are to be held in August 2012. Human understanding can push the date to December 2012, but not a Single day later than that.

The common man has to insist on this. I call upon every Kenyan to fight impunity which the elites are practising.

We dont need to interprete laws, we should apply them!

Anonymous said...

@ 6:01 PM

OK,forget about religion and cosmic and consider this, have you heard of the word "dozen" in your culture?
What make a dozen?
A dozen is the earliest primitive groupings which is still in use today.
Where did the dozen orignate from?

Have you heard of the phrase a "dozen is cheaper"?
I tell you, there is a whole lot of meaning to that phrase than you think!!

What I am trying to say is the cancellation or post-poning of election is beyond any human explanation. These events were already orchstrated by suprerior- beings even before the foundation of Kenya.

Even brother Chris confirmed what I am saying by commenting: "President Kibaki is in a mad rush to complete a number of projects that he sees as his legacy".

Look at the word he used there "complete".

A dozen is not complete unless is 12!

Let those who have ears hear....


Enjoy 2012 and may it be your best year EVER!!
Happy blissful 2012!

Maximus

Anonymous said...

Anon 1:15 AM said
"The common man has to insist on this. I call upon every Kenyan to fight impunity which the elites are practicing. We dont need to interprete laws, we should apply them!"
-----------------------------------

The public comprising "the common man" you speak of have been totally beaten and enslaved into utter submission by the dominating government of the day. Consecutive years of failed leadership have failed in everything except perfectly dividing&conquering Kenyans until there is no more among us except for unity in our chains

Whether or not there is still any drop or ounce of strength left in us to collectively come together to fight the purveyors of status quo remains a matter of opinion and to be seen

Anonymous said...

Huh! The issue of shifting goal posts with regard to the general elections is the most amazing story of Kenya's politics - as usual - 101.

Are some of these politicians hoping to produce a change in the current political paradigm, or will it be business as usual?

Only in Kenya do people find the rare opportunity of trying to shift the time period for the general elections, while enumerating all sorts of excuses known to both the urban and rural people.

What a load of very lame adminstrative and political excuses that would make any political novice or even twelve year olds go "mmmmmmmmmmm, they can't be that serious!."

Well, is the public being informed that the people who have been in government and politics since 2008, want the rest of us to believe that they were clueless, uninformed and in the dark about the year 2012 being a time set aside for political campaigns and the general elections.

So, who stands to gain most if and when the elections are shifted from 2012 to 2013?

Will be advantageous to the incumbents as they continue to beef-up their war chests, or beneficial to the challengers (serious contenders) waiting in the wings? Or convenient for the latter-day party-hopping breed of shameless career politicians?

If the proposed shifting of the election year is not challenged by all means, or opposed by voices of reason, then we - the people - may end up sinking back into renewed widespread apathy, degradation, dispair and sickening games of old-time politics as usual, Kenyan style.

Anonymous said...

Chris,

You are damn right even Prof Makau agrees (he must have dubbed fro KK). What the jugdjes ruled amounts to an illigality. As a precedent then every bunge will be demanding 5-years hence trashing the new katiba.

Come to think of elections in March and the disruptions to schools which are used as polling centres. Very uncritical and irreponsible judges who are simple incompetent.

Anonymous said...

Do we have Senate, County Assemblies or Governors presently?

The construction and development of legal entities such as the Senate (somewhere in Nairobi), County Assemblies (Seat of County Governments) or County Governor's (Residence/Diretor's Quarters) take months of careful planning, and the powers that be have had a lot of time in the last four years to accomplish essential work(s) before the end of 2012, but they failed to do so for obvious reasons, lack of foresight being one of them.

IMHO, the country is going to suffer from collateral consequences of so many squandered opportunities that we have failed to take advantage of during Mzee Kibaki's two terms in office, such as the afore mentioned.

There have been successes and failures under Mzee Kibaki's belt (soon to be legacy), but they were not near anywhere the best of economic, political, and ethic, etc., times Kenyans from all walks of life had hoped for at the end of December, 2002 and beginning of January 2003.

A time when majority of Kenyans collectively agreed to send Mzee Kibaki to the 'House on the Hill' and the rest of the crew to work - parliament - on their behalf in order to transform the nation for the better.

One of the hardest truths in life and especially in the world of politics, to accept is that much of the time, our predicaments are of our own making.

And consequently in these last moments - of Mzee Kibaki's term - when the government is confronted by such overwhelming events, and the questions are so great and the answers and the objections and the pronouncements are so confusing, it is important not to lose sight of the fact that any attempts to complete every vitally aspect of belated planning and development in 2012 will be an exercise in futility.

Mwarang'ethe said...

And consequently in these last moments - of Mzee Kibaki's term - when the government is confronted by such overwhelming events, and the QUESTIONS ARE SO GREAT and the answers and the objections and the pronouncements are so confusing, it is important not to lose sight of the fact that any attempts to complete every vitally aspect of belated planning and development in 2012 will be an exercise in futility.

1/14/12 1:18 PM

xxx

Let us "SUMMARIZE" the words "the questions are so great."

We do so in very simple words.

The very FOUNDATION of the MODERN STATE is ROTTEN.

Until the CURSE in the very FOUNDATION of our modern states, is removed, NOTHING, NOTHING and NOTHING we try shall work.

Without removing the CURSE entrenched in the FOUNDATION, of this "HOUSE" anything we add on the "ROOF," can only make the "HOUSE" more fragile for we are adding "MORE WEIGHT" on a ROTTEN FOUNDATION.

NB: An engineer will tell you that, adding colorful windows, roofs and all that on a rotten foundation is MADNESS.

Anyway, since this must be Greek, we leave to enjoy:

Jah Alone a Christian:

I have to speak the TRUTH
There is something VERY wrong

http://is.gd/5gk45R

Anonymous said...

For the record, it's a very bad idea for some unknown and known politicians, including their handlers ('mercenary advisors') to go ahead with their attempt of seeking to highjack the general elections from 2012 and simply try to sneak or smuggle them into 2013 for all the wrong reasons.

But no matter their purpose, intentions and dirty political underhand way they are trying to trick the electorate, they should be put on notice, while great legal minds and voices of reason pursue a policy of containment.

It will had for them to swallow and very difficult to forget in a long time, if some of the country's great legal minds and voices of reason manage to succeed in preventing them from advancing their current agenda of sneaking the general elections to a different time.

Tragically, the government coffers will be plundered at a higher rate and more resources scattered into offshore accounts if those seeking to sneak the general elections into 2013 are allowed to accomplish their politically underhanded mission.

Anonymous said...

The underhand mission; We - PNU and ODM - have all had 'Out Times to Eat' however let's try and seek extra time in power so that we can all eat as much as we are able to while time in still on our side, and the people are gullible enough to support oue cause. come on! Why not give it?

Anonymous said...

I can't wait for ICC to confirm the charges, the backlash against raila will be massive and voila! Mission accomplished....raila will never see state house ever!!! Kenya will have killed two birds with one stone ...IE gotten rid of the dynastic odingas and Kenyattas and eliminated the over ambitious ruto ....May my dreams come true!!!!!!

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