Can The High Court Save Kethi? What Legal Experts Say

Kethi sweating it out at the IEBC

Kethi Diana Kilonzo is in the news yet again but for the first time it is for all the wrong reasons.

The big discussion going in Kenya and beyond just now is if she lied about being registered voter and forged the documents that she presented to the IEBC. The electoral body thinks so and sadly there is plenty of evidence to support their stand.
In my Raw notes issue published even before the IEBC hearings commenced, I revealed to readers that according to two impeccable independent sources, Kethi did NOT actually register to vote in the just concluded general elections. That is the truth. And that disqualifies her to stand. We love her but rules are rules.

But why did Kethi, who is a lawyer risk everything to be on the ballot for the Makueni senatorial race to replace her late father? Who advised her and who assisted in the forgery? Clearly fingers have to point in the direction of the CORD high command which is filled with very experienced politicians. And so the next question is how could they make such a grave elementary mistake that has now snatched a seat that was already in the bag from their clutches? Why would they risk diminishing their numbers in the senate further? As much as JUBILEE supporters would like to dismiss it as mere carelessness the truth is that there is more to it.

Answers may NOT be easy to come by but increasingly it seems that the sudden and yet unresolved death of the late senator Mutula Kilonzo has a lot to do with the recklessness that CORD displayed in this issue. It seems that it was felt that the only way the issue of Mutula's mysterious death can firmly remain in the public eye and be followed up with is by Mutula's daughter Kethi sitting on her father's seat in the senate. Otherwise the death of the late senator would inevitably end up in the bulging file of unexplained deaths of politicians in this banana republic. No politician is as passionate about the Mutula issue as Machakos senator Johnstone Muthama who was one of the key figures within the Wiper party pushing for Kethi's candidature at all costs. Indeed Muthama is on record as declaring that there is no doubt on his mind that Mutula was murdered.
 
Johnstone Muthama

Interestingly it is widely believed by a vast majority of Kenyans that the late Makueni senator died from a Viagra overdose. Period. This is despite the symptoms leading to his death (widely published in the media) suggesting something to the contrary. To make matters even worse the sensational revelations of Mutula's womanizing ways that even proved that he actually had sex with a minor (a criminal offense) so angered many Kenyans that the vast majority have stopped caring about his death or how it may have happened.

Those who have read my revealing investigative book Why was Mutula murdered? are well aware of the circumstances surrounding his death and what the astonishing leaked autopsy results from the British pathologist have concluded (read what those who have read the book have to say about it ).

Indeed it was this information that finally convinced young Kethi to risk all and stand for the Makueni seat. Now legal experts are saying that it is highly unlikely that the High court will over-turn the IEBC verdict. You see courts work with solid evidence and NOT emotions. The truth is that Kethi is standing on very thin ice claiming that she registered as a voter. And that ice is already giving way.

Of course angry CORD supporters do not agree. Their argument, which cannot be used legally is that if so many unregistered voters were allowed to vote in the March 4th elections, why should Kethi be barred from contesting simply on suspicions that she is not a registered voter? Some CORD sympathizers have even been quick to point out that the discredited IEBC (in their eyes) has no business being judge and jury over its' own failings. CORD has always held the view that the just concluded general elections were rigged to favour JUBILEE and have claimed that their presidential candidate was denied as many as a million votes. incidentally in my unbiased book Mystery Monday: Unlocking the 2013 Kenyan Presidential Polls Secrets I reveal exactly what went wrong (see what those who have read the book had to say about it ). The truth is that the IEBC did not fail as massively as CORD would like Kenyans to believe, yet there is NO doubt that there were some subtle moves by other government arms that fiddled with those elections and ensured a round one win for Uhuru (clear motives revealed in the book). But you can tell that to the birds because CORD die-hards will never move from their position which is that the elections were stolen from them with massive vote stuffing.

But back to the Kethi issue, what next for the eloquent once promising lawyer?

Her rapidly rising legal career has now been destroyed and if the high court upholds the IEBC decision, the young lawyer who had displayed so much promise will be hang out to dry. To make matters worse this blogger has just been informed that there are some forces within JUBILEE who are determined to press criminal charges against Kethi related to the alleged forgery of her voter registration.

If it is possible to turn in one's grave then Mutula Kilonzo must be turning just now and it is in utter disgust at the mess. Incidentally this is just the kind of legal trouble that the late Mutula was an expert at sorting out and his style was always predictable but very effective. He would dig out legal technicalities in favour of his client and then work his powerful contacts like crazy. Indeed there are very few other lawyers (one of them being the legendary Byron Georgadis who rescued many from the jaws of the gallows at Kamiti)  who had a way of doing things in a similar way as Mutula. Kethi must be missing him in many ways just now.

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