Folks, Forwarded excellent message from President Obama to Kenya people as March 4th elections nears. Judy Miriga Diaspora Spokesperson Executive Director Confederation Council Foundation for Africa Inc., USA http://socioeconomicforum50.blogspot.com President Obama's Message to the People of Kenya (Swahili Captions) Published on Feb 5, 2013 In a video message, President Barack Obama tells the people of Kenya that the upcoming elections are a historic opportunity for Kenyans to stand together, as a nation, for peace and progress, and for the rule of law. Obama: US will not endorse any candidateSHARE THIS STORYUpdated 5 hrs 34 mins ago By David Ohito NAIROBI: The US government says it will not endorse any candidate at Kenya's March 4, general election but was keen on seeing a free, fair democratic and peaceful election reflecting the will of the people. A statement from White House issued by President Barack Obama asked Kenyans to shun the ghosts of 2008 post election violence and channel disputes to corridors of justice and not the streets. Said Obama: "The choice of who will lead Kenya is up to the Kenyan people. The United States does not endorse any candidate for office, but we do support an election that is peaceful and reflects the will of the people." Obama whose father was Kenyan from Alego Kogelo, Siaya County, reminded citizens that the Mrach 4 polls will be a make or break election where they must a befitting choice that marks the departure from a past dogged by impunity and corruption to a new dawn of a great and proud nation. "This election can be another milestone toward a truly democratic Kenya defined by the rule of law and strong institutions. If you take that step, and reject a path of violence and division, then Kenya can move forward towards prosperity and opportunity that unleashes the extraordinary talents of your people – especially young people. If you continue to move forward, you can build a just Kenya that rejects corruption, and respects the rights and dignity of all Kenyans. " Obama asked Kenyans to mark the 50th anniversary since independence by holding a democratic electoral process that does not incite ethnic leanings for the country to progress. "We all know what makes for successful elections. Kenya must reject intimidation and violence, and allow a free and fair vote. Kenyans must resolve disputes in the courts, not in the streets. Above all, the people of Kenya must come together, before and after the election, to carry on the work of building your country, " said Obama. Below is the verbatim statement from White House in English and Kiswahili. President Obama's Message to the People of Kenya February 5, 2013 Habari yako. Over the years, I have been greatly moved by the warmth and spirit – the strength and resolve – of the Kenyan people. And I've been grateful for my connection to Kenya, and the way you've welcomed me and my family to your beautiful country – from my father's village in Alego, to bustling Nairobi. In my visits, I've seen your progress. Kenya has lifted people from poverty, built an emerging democracy and civil society, and sustained a spirit of hope in the face of great difficulty. After the turmoil of five years ago, you've worked to rebuild communities, reform institutions and pass a new constitution. Now, Kenya must take the next step in March, with the first national elections under your new constitution. Suit casts shadow on March 4 General ElectionSHARE THIS STORYUpdated Monday, February 04 2013 at 00:00 GMT+3 By Wahome Thuku Nairobi, Kenya: Lately, the Independent Electoral and Boundaries Commission (IEBC) has become a popular name in the corridors of justice. Since it was reconstituted last year, IEBC has spent millions of shillings on private lawyers defending it against dozens of lawsuits and petitions filed by individuals, NGOs, companies, political parties and other entities. Virtually every vital act and decision of the commission has been contested in court. All kinds of orders are sought against IEBC; from being compelled to register prisoners as voters; to extend registration to those in Diaspora; to bar some aspirants from contesting in elections; to publish its vetting rules; the list is endless. The latest of the suits arises from a decision by IEBC to procure printing of ballot papers and result forms for the March 4 General Election through single sourcing. A British company, Aervote Ltd, filed a petition at the High Court last month seeking to stop supply and delivery of 15 million ballot papers and forms over what it calls breach of procurement law. IEBC awarded the Sh1.6 billion contract through direct procurement to UK firm Smith and Ouzman. The contract was signed on November 9, last year. Smith and Ouzman was incorporated in the UK on March 12, 1946 and has done business in Africa since 1970s, supplying printed materials for various governmental organisations, agencies and institutions including Kenya National Examination Council, National Examinations Council of Tanzania, Uganda National Examination Board, Electoral Commission of Kenya (ECK) and Interim Independent Electoral Commission (IIEC), among others. They supplied election materials to ECK (now defunct) between 1997 and 2007 and to IIEC from 2008 to 2011. Two cases Aervote Ltd filed the case at Milimani Law Courts through their legal representative in Kenya, Mr Jimmy Mutinda, to have the contract quashed and the parties prohibited from relying on its terms. They also want the contract revoked until the case is heard and determined. Soon after, two other companies, Kalamazoo Security Solution and Ren-Fom CC also filed a similar petition and the two cases were consolidated. Aervote claims the awarding of the contract was not above board as other interested parties were ignored. It was discriminative and against the spirit of the Constitution. Smith and Ouzman filed an objection through their lawyer Philip Nyachoti arguing that the court had no jurisdiction to entertain the suits. His argument was that the other firms were not party to the contract between IEBC and Smith and Ouzman, hence could not interfere with it. Under the Public Procurement and Disposal Act, an aggrieved candidate in a tender should seek review by Public Procurement Administrative Review Board (PPRB). Nyachoti argued that none of the applicants had invoked that procedure before going to court hence the application should be struck out. The lawyer further submitted that the contract had already been signed hence going by the procurement law it was not open for review. Nyachoti said the court could only entertain an application arising from the decision of the PPRB and not from a decision of a procuring entity such as IEBC. The applicants had decided not to go to the review board hence they could not take the matter to court, he added. Their application in court was premature, he noted. Smith and Ouzman representative in Kenya, Trevy James Oyombra, defended the company from accusations of incompetence. He said they had previously been contracted to print, transport and supply millions of ballot papers and other related election materials to the UK, Zambia, Somaliland, Uganda, Rwanda, Burundi, Botswana and Iraq, among other countries. "We have received numerous and tremendous commendations and appreciation from various agencies and international organisations, including International Foundation of Election Systems Washington DC, European Union Delegation of the European Commission to the Republic of Lebanon, United Nations Development Programme and European Union Delegation of European Commission to Zambia, among others," the company said. Supervisory mandate It described itself as experienced printer and supplier of election materials and was not experimenting with the March 4 polls, as claimed by the applicants. They said they had the financial standing and capacity to do the job. IEBC lawyer Anthony Lubulellah and Attorney General Githu Muigai supported the objection raised by the company. Aervote, however, maintained that PPRB could only deal with a matter raised by a candidate in a tender. In this case, they had not submitted any tender nor given an opportunity to do so since it was a direct procurement. They became aware of it long after the contract had been signed. Therefore, they could not have gone to the board for review. The only forum where they could raise the matter is in the High Court, which has supervisory mandate donated by Article 165(5) of the Constitution over decisions made by public bodies such as IEBC. Presiding Judge George Odunga acknowledged the position of Section 93 of the Procurement Act that only a disgruntled candidate in a tender could file for a review by the board. A candidate is anyone who had submitted a tender to a procuring entity. The applicants in this case were not candidates for the tender hence could not access the PPRB for review. They were challenging the direct procurement by the IEBC and the contract having been signed, the matter could not be subject for review by the board. "Where a remedy provided under the Act is made illusory with the result that it's practically a mirage, the court will not shirk from its constitutional mandate to ensure that a person's right to have any dispute that can be resolved by application of the law in a fair manner and public hearing is achieved," he ruled. The judge held that where there is a gap in enforcement of legal rights, a party had to seek the intervention of the court and the courts have a right to investigate the allegations. Full conclusion "To fail to do so would be to engender and abet an injustice and as has been held before a court of law has no jurisdiction to do injustice," he said. He added that the law would be thought to have failed if it could not offer remedy for the deliberate acts of a person, which causes damage to the property of another. The judge said if he entertained the preliminary objection raised by Smith and Ouzman, the applicants would be left with no remedy. He ruled that the court thus had jurisdiction to entertain the case and dismissed the objection. The case will now be heard to the full conclusion. The writer is a court reporter with the Standard Group Email: iwahome@standardmedia.co.ke One killed in protest against candidateSHARE THIS STORYUpdated Tuesday, February 05 2013 at 00:00 GMT+3 By Nick Oluoch One man was killed in Nyatike constituency as tension continued following the recent decision by the Independent Electoral and Boundaries Commission to clear a candidate for the parliamentary seat. Nyatike OCPD Richard Bitonga said the man had been part of youths who were trying to block roads and loot shops in protest against IEBC's decision to clear Mr Edic Anyanga to contest on an ODM ticket. "He is said to have been caught trying to break into the neighbour's house and was stoned to death by irate members of the public at Nyakweri trading centre," the OCPD said. Mr Bitonga told The Standard that the Government had withdrawn General Service Unit (GSU) personnel from the area. The officers had been deployed there following protests by an aspirant in the constituency, Mr Tom Odege, over the move by IEBC to clear Anyanga to vie for the seat. At the same time, the officer dismissed claims that the GSU officers beat up innocent people and stated that they only arrested youths who had attempted to block roads and loot shops. ODM aspirant moves to court to block MP's nominationSHARE THIS STORYFebruary 05 2013 Updated 11 mins ago By Isaiah Lucheli Kisii, Kenya: The drama surrounding Controversial nominations is far from over as an aggrieved Nyatike Constituency parliamentary aspirant went to court and filed a constitutional petition to challenge Independent Electoral Boundaries Commission and the returning officer Nyatike Constituency for having declined to accept his nomination papers. Tom Mboya Odege wants IEBC to be compelled to accept his papers saying his rival, the immediate former Member of Parliament Edick Omondi Anyanga presented forged certificate which the IEBC accepted and Anyanga was then listed as the parliamentary nominee in the ODM ticket. Odege blames the IEBC and the returning officer Moses Daula for having cleared his rival who presented forged documents yet he was the rightfully nominated aspirant. High court judge Justice David Majanja sitting on Tuesday referred the matter to the IEBC since it is a dispute arising from nominations before elections, which the IEBC is mandated to resolve. Odege's lawyer Gilbert Owade also presented to the judge a sworn affidavit from ODM's national elections board chairman Frankline Bett denying that the party ever issued Anyanga with any nominations certificate. In the affidavit, Bett claims the only candidate recognized by the party is Odega, raising suspicions on to where his competitor acquired a certificate which IEBC used to clear him. "I do swear this affidavit in confirmation of the fact that the duly nominated ODM candidate to contest the seat in the constituency is Tom Mboya Odege. I believe that the said Omondi Anyanga presented to the IEBC for purposes of clearance then the same is a forgery, fraudulently and illegally obtained and must not be used or relied on such a constitutional process" Cases of forged nomination certificates which were accepted and cleared by the IEBC also affects six county assembly nominees in Nyatike Constituency. |
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