Dr Willy Mutunga,
Chief Justice- the High Courts of Kenya,
President- Supreme Court of Kenya,
Republic of Kenya.
Dear Sir,
We have come full circle and now, the ball has been placed in your court. You will either inflate her or deflate her. Before I address you Sir, we had a galaxy of Election Observers both Local and International in Kenya for the March 4th General Elections. What did they observe? Were they happy with the state of unpreparedness of the IEBC? Were they satisfied that the process of Tallying where declared results were at variance with the posted results was credible? Or they were just on holiday in Kenya and observed non of the above?
But then, I must start by congratulating you, though belated, for your appointment to head the Judiciary in Kenya. Yours was a true Journey of Hope for our Motherland. I remember you in the liberation struggle when you were amongst the few gallant sons of Kenya who were detained for their thoughts and agitation for change and reform. I do not remember any women having been detained, but a few were with us in the trenches in the liberation struggle as well.
You taught Law at the University of Nairobi and many of the current crop of brilliant lawyers went through your class. And truly they honour and respect you for your credentials.
Your entry to the Corridors of Justice has rekindled immense hope on Kenyans that after all, our Courts of Law can uphold the rule of Law and respect the same. You came in at a time when many charlatans and miscreants were confident of running roughshod on the Judiciary. The joke was- why hire a lawyer when you can rent a Judge. And in those days, Judgements were never pronounced with absolute gravity. Judgement was dispensed on a need to know basis and on the wight of ones pocket, never the weight of evidence adduced and corroborated in Court.
This is why I started by saying that we have gone full circle.
We now have absolute confidence in our Judiciary and we have absolute confidence in our sons and daughters dispensing justice to the down trodden. Justice is truly becoming of shield and defender.
The fight for democracy and reforms has also come a full circle. Many of those who fought for reforms and democracy in Kenya have gone different ways. Those who fought for our Independence and bled for our freedom have been languishing in abject poverty ever since, while the Home Guards, those who never believed in the sovereignty of an African took over the reigns of power in many states in Africa. Their rule, or rather, mis-rule bled Africa for many years, in the process, killing some very brilliant names that would have taken Africa forward- The Osagyefo Kwame Nkrumah, Patrice Lumumba, Pio Gama Pinto, Joseph Tom Mboya, Josiah Mwangi Kariuki, Ronald Ngala, to mention but a few. These men never died in vain, and their blood is still restless.
A new breed of Africans had to step forward to start fighting for our Second Liberation, now from our own Brothers and Sisters who had amassed all power and affluence, in the process becoming blind to the daily norms of civilization and democracy.  As we clean Garbage from our midst, we must clean our Electoral Process to start respecting the wishes of Kenyans, not the wishes of some hidden faces of impunity in the next room
Kenyans went for an election on the 4th March 2013, and I want to believe that you and your fellow Judges also voted- for that is our joint democratic right. We came out in large numbers and lined up patiently and peacefully as One People under God. We were determined to elect a Leader of our choice- by voting.
Then the drama started, and I was reminded of Truth Meter- where a young Kenyans says- I witnessed the whole episode, it was like drama, like vindio- video. The supposedly Independent Electoral and Boundaries Commission started treating Kenyans to Provisional Results that quickly assumed a life of its own. We were seeing figures that defied any logic and many eyebrows were raised. I bet you sat upright, for arithmetic was not adding up.
And we all witnessed when the Chair of the IEBC came on screen and told us that a Bug had been detected that was adding the Rejected Votes by 8. For at that time, the Rejected Votes were rapidly becoming the Third Force and Kenyans were being treated to this drama from our own IEBC- an Investment of upwards of Kshs 100Billion. The IEBC had spent colossal sums of Money to invest in the Planning and Hosting of the 2013 General Elections. I bet the Bug did not intervene to again give us the Tallying Process that was rapidly also assuming a life of its own. The Results that were being read by the Commissioners were not Tallying with the Results that were being posted as overall.
The IEBC Chair and his Team visited several Countries earlier to learn and witness how elections were conducted. They were even in the US in November 2012 to witness the largest democracy at work. And the US Results, true to form, came out in real time. And within minutes of the last man casting his vote, Barrack Obama was pronounced the President of the USA. It did not take Five- 5 days of tallying. For there is no science involved in adding up figures from 290 Constituencies.
They were also in Ghana for the same learning process. What lessons did they learn, or, were these the normal freebies and high life that comes with State Office in Kenya? Where results are never realized?
Mr President, Elections in Kenya must be won at the Ballot Box, not at the Tallying Centre and not in the Board Rooms. If the US, with a very large population of voters could post their results in real time, what was the problem with ours?
In the confines of my house, I had my own Tallying Centre where I posted on Excel ALL the results as they were being announced by the tired and in some cases confused Commissioners and I realized that the figures were not adding up. At some point, Commissioner Nzibo gave Mzee Uhuru Kenyatta 57,000 votes as cast from Tiaty Constituency to the chagrins of all. He had said the Constituency had only 18,000 Registered Voters, and I do not want to believe that he was being misquoted. He was reading the results and all the World was listening. And I want to believe that this is what they posted in their end results.
Such was the Tallying Mess that within one hour of Commissioner Nzibo asking us to go to bed, rest and come back fresh at 6.00am, new results were being posted declaring Mzee Uhuru Kenyatta as our new President-Elect. I was shocked. And I marveled at how Kenya had invested Billion of Shillings down the drain like this. Elections Results were being cooked and Maths was not adding up. The Commission was struggling with facts and figures and down the drain was their credibility going as well. And facts and figures are very stubborn entities. They NEVER lie. You can only manipulate them, and this, I want to believe is what our IEBC Team was doing as the whole World watched in shock.
We had invested heavily in gadgets that NEVER worked for us. Did someone take us for a ride? Were Elections Results pre-meditated? Why could the IEBC not give us results in Real Time like they had done with all the by-elections they had conducted? Were they coooking figures to force a clear winner in Round One? These are disturbing questions that Kenyans must get to know. And it is only you and your Team that can help us unravel this.
In 2007, we did one major mistake; were never punished those who connived against Kenyans in that botched exercise of an Election. We let them go scot free and even paid them off. It is only God who has been dealing with them one by one. They caused massive pain, misery, death and destruction on Kenyans and our loving God will not let them rest easy. How I wish we were living during the times of Hamurabi the Law Giver- we would have acted appropriately.
As the protagonists come before you to seek redress, you and your able Bench must take the higher ground. You are Kenyans and you must help Kenyans regain confidence in the Electoral Process. As you look at what the Protagonists have presented before you, you must uphold the trust we have all bestowed upon you and walk down the history lane to come up with sound and secure judgement. The man hours we all spent patiently in long queues must never go in vain, and must never be manipulated. The Hon Chief Justice, if Elections must be won, they must be won in the Ballot. And not at the Tallying Centres where Resluts are programmed to come in a pre-determined fashion. And if the IEBC Team Members are found to have fiddled with the Tallying Process like they definitely did, judgement must be passed on them and each one of the Commissioners must be hanged separately in a Public Square for all to see. And they must re-pay all the Billions Kenyans invested in their comfort.
Kenyans are watching and the whole World is watching as Democracy goes on Trial in Kenya. The Clean Africa Campaign- TCAC The Clean Africa Campaign is an initiative of KCDN Kenya |
As we clean Garbage from our midst, we must clean our Electoral Process to start respecting the wishes of Kenyans, not the wishes of some hidden faces of impunity in the next room
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