Mwingine kama Couch Waru


Village Elder
Stolen from Eric Ng'enos Facebook


Kenya's civil society has collectively contracted its mandate to the opposition, resulting in the absurd conflation of Odinga's personal ambitions with Kenya's fate as a democratic society. This is the reason why Odinga can do no wrong, why ODM primaries - the most brazen spectacles of orgiastic violence and fraud - are sanitised regularly. It is also the reason why Odinga's nefarious escapades in government, including the rogue privatisation of a state corporation and confessions of kickback racketeering with international contractors, seem largely unnoticed and certainly not condemned with the same vigour that mere allegations and suspicions implicating others are. Protecting Odinga from scrutiny, criticism and accountability is necessary for the realisation of the Third Liberation. Condoning Odinga's reckless impunity is essential for this country's democracy. Propping up Odinga's dynastic and nepotistic proclivities, shoring up his patrimonial tyranny and supporting his autocratic tendencies is seen as essential to achieve a socially just, equitable and democratic nation. Do not wonder therefore why internationally acclaimed human rights crusaders, doyens of the liberal academy, United Nations rapporteurs, and other veterans of the human rights movement promptly renounce their celebrated beliefs and supplicate enthusiastically in Odinga's presence. Our liberators believe that tyranny is a necessary condition for freedom. Our self-proclaimed freedom fighters proclaim that the renunciation of liberty and democracy are mandatory to the achievement of liberty and democracy.

Along the way somewhere,the Odinga-civil society axis surrogates took up every strategic position in the judicial value chain. As a result, important judicial decisions are the bespoke products of NASA's strategy team. Hang on a bit. How is this done? After the War Council unleashed their "transformational bloodbath" a few years back, the judiciary was taken over by the disciples of the Odinga-Civil Society axis. All aspects of judiciary management - training, research, strategic planning and administration - fell to the hands of the War Council. The War Council itself was nothing more than the official presence of the civil society in the Judiciary. The Judicial Service Commission is now a mouldy, ineffectual and vestigial body whose powers have been appropriated by ad hoc formations of the War Council. Technical assistance, capacity building, training and rule development has long been outsourced to the War Coucil and Axis-friendly civil society institutions. Rules of procedure and decisional methodology frameworks have been developed and implemented by the same cartel. The end result is a captive judiciary, actively involved in obviously partisan political mobilisation. The plan is to employ the judiciary as a flank in executing a coup d'etat sooner or later.

Let me provide an example. With a specific outcome in mind, the axis mobilises to design a petition, assemble supporting research and legal reasoning and finally, produce the appropriate decision. When NASA goes to court, it is not "seeking" truth or justice in the ordinary way whereby decisions may go either way. When NASA goes to court, under present conditions, the decision has been determined and through motivated reasoning, aided by conducive rules and research, the outcome is shoehorned to comprehensively address the grounds of the petition and vindicate the "evidence". The evidence itself is created by the Axis and their countless willing accomplices.

The election officials who defaced, destroyed, or simply hid statutory documents were not randomly indisciplined,,ignorant, negligent or stupid. They were strategically mobilised by the Axis in the full knowledge that their actions and omissions, once introduced into the judicial value chain through a petition, would produce the decision to annul the election. This is why the petition was all about transmission and not the actual tallies. The nation was confused because we could not relate mode of transmission with the identification of the winner in the contest.

The majority decision is now water under the bridge. The detailed reasoning behind it is being produced. As we patiently await it, a number things should be on your mind. The first is the Chebukati Memo to Chiloba, purporting to seek answers to various tough questions relating to the management of the election. The memo is very detailed. Similarly, NASA's demands to IEBC as conditions for participating in the election are numerous and detailed. These documents are not just the drivers of the political noise NASA has been amplifying in their non-campaign. They are far more than that. Using various openings in the judiciary, the documents will be handy in producing the substance of the majority reasoning. In other words, the grounds for the majority decision will substantially reproduce NASA's important strategic needs.

It is therefore reasonable to expect that the Supreme Court majority will go to great lengths to educate Kenya on the specific "remedial" institutional measures IEBC must undertake to produce a credible fresh election. These measures will coincidentally include the removal of certain officers, investigation and prosecution, arrangements around servers, KIEMS kits and so on. The Supreme Court might indicate that without such measures, the election may not be credible. And it will also add that it will not hesitate to nullify another election that is not credible in terms of the stated parameters.

I am convinced that this will be the case by several reasons. First, the Judiciary has taken a public partisan political stand. The magistrates and judges' guild recently mobilised to tell Jubilee leadership off over its criticism of the decision. No such mobilisation was evident when Odinga boldly cast aspersions on the courts' impartiality as his petition was underway, or when he christend it "bandia" in 2013. After blasting Jubilee, elements of the judiciary openly fraternised with NASA leadership in inappropriate social spaces. Finally, the Judiciary joined NASA in boycotting yesterday's opening of Parliament.

It is also likely that the entire General Election might be nullified if a High Court judge or 5 are mobilised to interpret and apply the Supreme Court precedent. Meaning that we will have a fresh General Election, not just the presidential bit. Most definitely, the Axis are actively considering appropriate action. The decision will be made the morning when the petition is lodged. This is what you get from a captive judicary: rigged decisions. As the clock ticks away towards 17-10-17, new hurdles will be placed in IEBC's way, in attempts to compromise its ability to manage the election,,or to make the entire exercise impossible.

When judges neither know justice nor independence, and "reformers" no longer recognise freedom and democracy, coups are attempted in the name of the rule of law, and tryranny slithers in disguised as institutional independence. Shame.