"We must ask ourselves, is it about numbers or is it about the process?"
In Summary
• Uhuru asked Kenyans to scrutinize the institutions involved in the election process by testing their truth as presented by the Constitution, as is their duty.
• The outgoing president also urged Kenyans to cross-question whether the institutions can rule one way in one election and another way in another election without scrutiny.
President Uhuru Kenyatta on Monday posed a series of questions to Kenyans after the Supreme Court upheld William Ruto's win as the president-elect.
Uhuru asked Kenyans to scrutinize the institutions involved in the election process by testing their truth as presented by the Constitution, as is their duty.
"Because democracy is a work in progress, I urge the country to respect the institutions that midwife our new leaders. And in doing so I also urge citizens to constantly put them under scrutiny for this is the civic duty of every single Kenyan," he said.
Uhuru challenged Kenyans to ask themselves whether the truth has been upheld from one election to another.
"Has there been a consistent pattern that is acceptable to our democratic ethos?" he asked.
"We must ask ourselves, is it about numbers or is it about the process? Which of these two is it?"
The outgoing president also urged Kenyans to cross-question whether the institutions can rule one way in one election and another way in another election without scrutiny.
He urged the citizens to be vigilant and hold all institutions into account.
"I do invite you Kenyans to keep vigil and indeed to hold all institutions to account."
Uhuru further challenged the public to question whether the truth given by the institutions has correspondence. By Sharon Mwende, The Star
The Senate has invited eligible individuals to apply for the position of Speaker after President Uhuru Kenyatta's public notice convening the first sitting of the House on Thursday.
In a notice in the Kenya Gazette published today, President Kenyatta declared that the first sitting of the third Senate of the 13th Parliament will be on Thursday, starting at 9am.
The sitting will be undertaken concurrently, in the 68-member Senate and the 350-member National Assembly.
Addressing a press conference in his office, Nairobi, today, Clerk of the Senate Jeremiah Nyegenye asked those interested in serving as Speaker to pick nomination papers at his office and return them tomorrow by 2:30pm.
“Any person who is eligible for election as a Speaker or as Deputy Speaker of the Senate and who is interested in contesting for these positions, is advised to collect nomination papers,” said Nyegenye.
The nominations papers were supposed to be picked starting yesterday between 1 to 8pm and the Clerk said his office will open beyond office hours to facilitate the process so that the greatest opportunity is availed for interested persons to collect the nomination papers.
"The office will open early today at 7am so that all those interested get an opportunity..."
“Completed nomination papers together with a curriculum vitae of each candidate and relevant supporting documents which we have advised should be returned to the Office of the Clerk the Senate not later than 2:30 pm On Wednesday,” he said.
The first business of the House when it convenes on Thursday will be for the Clerk to swear in all the elected senators. This will be followed by the election of the Speaker and the deputy speaker
However, the Deputy Speaker will be elected from among members of the respective Houses.
The candidate who picks the nomination papers will have to return them accompanied by the names and signatures of two Senators-elect who support their bid.
The senators-elect will have to make a declaration that the candidate is qualified to be elected as an MP in line with the provisions of the Constitution and is willing to serve as Speaker of the Senate.
The Senate will have a pre-swearing-in session within the precincts of Parliament buildings, Nyegenye said.
The Standard learnt that Isaac Aluochier and Oundo Jared Oluoch had already collected nomination papers for the Speaker position.
Before one is cleared to contest, he must submit the nomination papers with a list containing one third of all members of the House
However, the decision of who becomes the Speaker will be determined the politics of political parties.
So far, Kenya Kwanza enjoys an advantage and whoever it picks is likely to become the fourth Speaker of the Senate, after Timothy Chokwe (1963), Ekwee Ethuro (2013/17) and Kenneth Lusaka (2017/2022).
Kenya Kwanza is likely to front former Kilifi Governor Amason Kingi and although Raila Odinga had fronted Kenneth Marende for the seat, it is not clear how it will pan as the former Speaker has been linked with a similar position in the National Assembly.
Yesterday, Nyegenye asked the senators-elect to carry their original national identity card or passport, the IEBC certificate of election, four colored passport size photographs, their bio-data and curriculum vitae, and a copy of a carry pin certificate.
Some of the candidates who have shown interest so far in the position for Speaker and the Deputy Speaker positions are; Dr. Noah Winja, Jared Olouch, Isaac Alouch Polo, Farah Maalim, Moses Masika Wetangula, Kalonzo Musyoka and Robert Gichimu Githinji. - Ibrahim Oruko, The Standard
Azimio la Umoja-One Kenya leader Raila Odinga has said he accepts the verdict of the Supreme Court of Kenya on the presidential election but doesn’t agree with it.
Seven Supreme Court judges on Monday, September 5 unanimously upheld William Ruto’s victory in the August 9 presidential petition, saying Odinga’s legal team did not produce evidence to warrant nullification of the election.
The judges are Martha Koome (Chief Justice), Philomena Mwilu (Deputy Chief Justice), Mohammed Ibrahim, Smokin Wanjala, Njoki Ndung’u, Isaac Lenaona and William Ouko.
Odinga, who challenged Ruto’s victory in court, said it was “incredible” that all the nine key grounds on which he sought nullification of the president-elect’s win were thrown out.
The former prime minister’s team had argued that some forms 34A were intercepted mid-air and changed before being rerouted to the IEBC portal.
On this claim, the Supreme Court ruled that Odinga’s legal team did not provide any evidence to prove the allegation, saying the IEBC showed that the election technology was secure, verifiable and transparent.
The court also established that Ruto was validly elected as president by getting at least 50 per cent plus one vote.
“We respect the opinion of the court although we vehemently disagree with their decision today,” Odinga said in a press statement on Monday, September 5.
“Our lawyers proffered irrefutable evidence and the facts were on our side, unfortunately, the judges saw it otherwise. We find it incredible that the judges found against us all nine grounds and occasion resulted to unduly exaggerated language to refute our claims,” said Odinga.
The Azimio leader urged his supporters to remain calm, saying he’ll give directions later.
“We thank our supporters and Kenyans across the country for standing with us. We will be communicating in the near future on our plans to continue our struggle for transparency, accountability and democracy,” Odinga said.
Ruto, who ran on UDA ticket, got 7.18 million votes (50.49 per cent) against Odinga’s 6.94 million (48.85 per cent).
The president-elect, as per the law, will now be sworn in as Kenya’s fifth president on Tuesday, September 13, which is seven days after the Supreme Court renders it verdict. By Winfrey Owino, The Standard
Last month, we helped lead an International Election Observation Mission for Kenya’s presidential elections, sponsored by the International Republican Institute (IRI) and the National Democratic Institute (NDI), on whose boards we serve. At the time of our writing, William Ruto had narrowly edged out Raila Odinga, but court challenges to the results are still being worked out.
While Kenya’s elections are once again disputed, they are being done so through legal channels and the democratic achievements of the Kenyan people are clear. The Kenyan Supreme Court is scheduled to rule on petitions challenging the presidential results tomorrow.
Kenya has been a relative bastion of stability in a very difficult neighborhood. Surrounded by unrest and one-man rule in Sudan and South Sudan, rampant terrorism in Somalia, civil war in Ethiopia and dictatorship in Uganda, Kenya’s dedication to elections and multi-party politics is an inspiration to its people, the region and the continent. It’s also an inspiration to aspiring democracies all over the world.
Kenya’s next president faces daunting problems: a large youth population with limited job opportunities, a crushing debt burden (encouraged by Chinese lending to fund large infrastructure projects) and pervasive corruption. Kenya’s democracy is far from perfect; voter registration and turnout declined in 2022, and post-election violence in 2007 left over 1,000 dead and hundreds of thousands displaced. The last presidential election in 2017 was annulled by the Supreme Court and had to be redone. Yet, despite these very real challenges, Kenyans voted and relished the opportunity to have a voice in their future.
International observation serves to reinforce global support for credible elections around the world. Reflecting that elections are a process, prior to our deployment, NDI and IRI conducted missions to Kenya in May and July to assess the electoral context and preparations for elections. On the eve of the elections, we met with a wide array of stakeholders, including leading presidential candidates, members of the Independent Election Commission and the Supreme Court, civic society representatives, church groups, women’s organizations and independent citizen observers who were conducting a parallel vote tabulation.
On Election Day this Aug. 9, we observed an impressive logistical undertaking with over 46,000 polling places across a country slightly larger than California and Florida combined. We witnessed staffers working through the night before the election to ensure polling places would open on time. We saw long lines in Kibera, the section of the capital of Nairobi that is Africa’s largest slum, and all across the region. Still, voters patiently waited to have their identification verified before receiving their ballots and voting.
Kenya’s election had both 21st-century cutting-edge biometric real-time voter identification, and old-style manual counting where ballots were dumped on makeshift tables for tabulation (manual hand counting) well into the night.
We witnessed firsthand women voting, as well as women candidates competing for high offices like the vice president and governors of their respective regions or constituencies. While women candidates faced harassment and threats of physical violence, Kenya elected a historic number of female governors in addition to voting women into 26 Parliamentary seats and three Senate seats. Still, while close to half of voters are women, Kenya’s government has never held many women. The country is far from achieving the “two-thirds gender principle” enacted in order to increase women’s representation in government.
Ruto campaigned on a classic “rags to riches story” — roadside chicken seller risen to wealthy businessman and current deputy president. His slogan, “Every Hustle Matters,” was designed to appeal to young Kenyans who rely on the vast underground economy. Odinga was a known commodity for Kenyan voters, having served as prime minister and previously run for president four times. Repeatedly jailed without trial under the Moi dictatorship in the 1980s, Odinga was endorsed by current President Kenyatta over Kenyatta’s previous running mate and serving Deputy President Ruto — a House of Cards-like twist of the type that dominates Kenyan politics.
Why does far away Kenya matter for the U.S. with so many of our own challenges? It is the economic powerhouse of East Africa, anchoring the western Indian Ocean where China increasingly flexes its muscle and expands its military footprint. It was in Kenya (and neighboring Tanzania) where Osama bin Laden attacked the U.S., bombing our embassies in 1998, and killing 213 people in Nairobi (and 11 in Dar es Salaam). Kenya has been a loyal partner in countering Islamic extremism, serving as a diplomatic mediator in regional conflicts, and providing safe haven for refugees fleeing turmoil, including the horrific 1994 genocide in Rwanda and the tragic ongoing conflict in the Democratic Republic of Congo. Kenya was also one of the most vocal critics of Russia’s invasion of Ukraine. As one of the most important countries in the dynamic African continent, Kenya’s political direction and democratic stability are matters of great concern all over the globe.
As we repeatedly told our Kenyan interlocutors, elections are about more than just winning — they are also about accepting defeat. We know this all too well from personal experience. Losing elections with grace a dignity after the votes are counted and legitimate court challenges exhausted is every bit as important as a level campaign playing field, secret voting and transparent vote counting.
Whatever the final outcome, the real winners in Kenya’s election are the voters who had a voice in choosing their leader. And the long-term winners are the citizens of every democracy on earth struggling to implement and maintain this most precious and most delicate of governing systems. That includes the United States.
Donna Brazile is a member of the board of the National Democratic Institute (NDI) and the former interim chairwoman of the Democratic National Committee. Randy Scheunemann is vice chair of the board at the International Republican Institute (IRI) and strategic counselor at the Halifax International Security Forum. The views expressed are their own. The Hill
According to a notice from the registrar of the Supreme Court of Kenya, Letizia Wachira, the seven-judge bench will be expected to deliver the judgment at Milimani Law courts.
The judges comprise Chief Justice Martha Koome, Deputy Chief Justice Philomena Mwilu, Isaac Lenaola, Smokin Wanjala, Ibrahim Mohammed, Njoki Ndungu and William Ouko.
A display of the Supreme court session as hearing of petition continues on August 31, 2022 JUDICIARY
"Take notice that the judgment in this petition will be delivered on Monday, September 5, 2022, at noon at the Supreme Court of Kenya Milimani Law Courts," read part of the notice.
Azimio's Raila Odinga and Martha Karua filed a petition challenging the outcome of the presidential election in favour of president-elect, William Ruto.
Among the issues that Raila pointed out in his petition included; Ruto did not garner the 50 percent plus one vote requirement, arguing that results from 27 constituencies were yet to be tallied and verified by the time of the announcement.
Azimio also claimed that IEBC could not account for 250,000 votes, excluding the manual votes cast. Raila and his running mate sought the apex court to declare them president-elect and Deputy president-elect respectively.
Raila also sought a comprehensive and forensic audit of all equipment and technology used by the electoral commission in the presidential election. Raila also sought Chebukati to be declared unfit to hold public office.
A total of nine petitions were filed challenging the presidential outcome. The Supreme Court later consolidated seven petitions into one, arguing that the issues raised in the seven petitions were parallel to each other and would be merged with the lead petition filed by Raila.
"Upon perusing and considering issues raised in the petitions we find that they lay similar issues and seek similar orders therefore we order that the petitions be and hereby consolidated with petition E005 which is the lead presidential election petition for 2022," Koome stated.
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