East Africa

Details: East Africa; 23 August 2022; 634

Prince Harry visited Kigali Genocide Memorial on Saturday

Prince Harry visited Kigali Genocide Memorial on Saturday during an unannounced trip to Rwanda. The Duke of Sussex lauded the people of Rwanda and their ‘incredible show of unity and resilience’ as he remembered the victims of the 1994 mass genocide.

Prince Harry’s visit came just weeks after his father Prince Charles visited the site along with his wife Camilla.

Prince Harry visits genocide memorial in Rwanda amid surprise tour

Meghan Markle’s friend Omid Scobie also shared Harry’s touching words he wrote in the visitor book during his time at the site.

“I am profoundly moved by what I have witnessed. What an incredible show of unity and resilience we now see,” he said.

“Thank you for showing us all the way to healing and forgiveness. You are setting an example across the world,” he added. Source: International The News

Details: East Africa; 23 August 2022; 780

ODM leader Raila Odinga (left) converses with Deputy President William Ruto (right) during the Jamhuri Day celebrations at Uhuru Gardens, Nairobi County on Sunday, December 12, 2021 DPPS

Part of the debate around the Supreme Court presidential petition is based on key Constitutional aspects, from the role of the Independent Electoral and Boundaries Commission (IEBC) to the power of the apex court to order a recount, nullify and uphold the August 9 polls.

The Latin lexicon used in court will also surface, from phrases such as amicus curiae which means friend of the court to res judicata - a matter that has been judged.

However, prior to the court's proceeding, a debate ensued on three key terms re-run, run-off and fresh elections. The Supreme Court may order a re-run, run-off or uphold IEBC results after Azimio La Umoja flagbearer, Raila Odinga challenged President-elect William Ruto's victory.

Led by its president and Chief Justice, Martha Koome the highest court in Kenya is expected to issue a ruling on Monday, September 5. With the petition hearing in mind, what's the difference between a fresh Presidential Election, a re-run and a run-off?

Lady Justice Martha Koome (center) and the other members of the Supreme Court bench. FILE

Lawyer Peter Kaimba explained to Kenyans.co.ke that a fresh presidential election, similar to what took place on August 9, involves the launch of an electoral exercise where candidates are invited to apply for a chance to contest for the highest office on the land.

IEBC will thus vet applicants a fresh and issue new election timelines. New faces other than those voted for on August can appear on the ballot.

A run-off, on the other hand, is a contest between top two Presidential aspirants from a fresh election where none scored more that the requisite 50 per cent plus one threshold.

"Fresh elections is like what happened on August 9, 2022. That is when we do the nationwide General Elections.

"A run-off happens in the event that the winner has not met the election threshold of 50 per cent plus one more vote. It is usually between the number one and number two who were contesting," Kaimba stated.

A run-off in this case may be between Raila Odinga and William Ruto only, if none of the four candidates in the August 9 polls met the required threshold - 50 per cent + 1 vote and 25 per cent of votes in 24 counties.

A re-run, according to Kaimba, is similar to a run-off but involves the repeat of an election where all candidates remain on the ballot. No new aspirants are vetted nor allowed to be in the race.

Regarding the suits filed at the Supreme Court, Kaimba explained that there was a chance some of the petitions will be consolidated depending on the prayers presented by each party.

"The Court will have a look at the petitions that have been filed and decide which one will be combined. What will determine if the three can be consolidated is the prayers that are being sought by each of the petitioners," he added.

For Raila Odinga, the lawyer observed that the former Prime Minister was seeking a run-off by arguing that none of the Presidential contenders hit the 50 per cent plus one vote threshold.

In his petition, Raila also wants to be declared president-elect if the court orders a recount and finds him the winner.

"And order be and is hereby made consequent upon nullification of the declaration of the results announced by Wafula Chebukati directing IEBC to tally and verify the count and declare Raila Odinga and Martha Karua as duly elected as President-Elect and Deputy President Elect respectively," one of the 21 reliefs Raila seeks in court reads.

The Supreme Court of Kenya. KENYANS.CO.KE, By Derrick Okubasu, Kenyans.co.ke

Details: East Africa; 23 August 2022; 670

It is a rush against time as the Supreme Court prepares to hear the nine petitions filed Monday to challenge the outcome of the August 9 presidential polls.

The petitions are likely to be consolidated into one petition during the pre-trial conference.

The Azimio la Umoja One Kenya Coalition and eight other petitioners want the Supreme Court to overturn President-elect William Ruto's win citing irregularities and a mismatch of election results.

Petitioners are on Tuesday expected to serve the respondents with the petition.

Ruto, the Independent Electoral and Boundaries Commission and its chairman Wafula Chebukati have been listed as respondents in the petitions.

Upon being served, the respondents will have four days to file and serve the petitioners with their responses to issues raised. This will be on Saturday, August 27, 2022.

Thereafter, the petitioners will file and serve their rejoinder to the responses filed by the respondents on August 28.

A day later on August 29, parties will be given time to file interlocutory applications.

Interlocutory applications are used to ask the court to make certain orders particularly when one party believes the other has not complied with court procedure obligations.

They are basically used to stop parties from acting unethically during litigation of a matter.

On Tuesday, August 30, parties will have time to file and serve responses to interlocutory applications.

The following day on August 31, individuals interested in being enjoined in the petitions as friends of the court, otherwise known as amicus curiae in legal jargon, will file their applications and serve the parties.

An amicus curiae is an impartial adviser to a court of law in a particular case.

On Thursday, September 1, the Supreme Court will hold the pre-trial conference.

A pretrial conference is a meeting of the parties to a case conducted prior to trial.

Generally, a pretrial conference serves several reasons.

It helps the court to establish managerial control over the case and discourages wasteful pretrial activities.

The court also uses the conference to improve the quality of trial with thorough preparation including eliminating repetitive evidence.

During the pre-trial conference, judges will formulate and simplify the issues in the petition, eliminate frivolous claims or defences, obtain admissions of facts and documents to avoid unnecessary proof, and identify witnesses and documents.

The court will also use the pre-trial conference to make rulings on interlocutory applications and applications for those seeking to be friends of the court.

After the pre-trial conference, the court will begin hearing the petition the following day on September 2 and deliver its verdict on September 5, 2022, fourteen days after the petition was filed. By Emmanuel Wanjala, The Star

Details: East Africa; 23 August 2022; 672

Paul Were in action for Rayon Sports in the Rwandese League at the weekend. COURTESY

Paul ‘Maldez’ Were and Eric “Marcelo” Ouma over the weekend led Kenyans plying their trade abroad to crucial wins for their clubs as several leagues picked momentum around the globe.

Were, a former Tusker and AFC Leopards player, was unveiled as a Rayon Sports player on Wednesday at a colourful ceremony, wasted no time in settling at the side as he created an assist to steer his new side to a 2-1 win over Rutsiro FC on his debut in the Rwandan League.

Former Sofapaka and Gor Mahia midfielder Lawrence Juma also had an assist as he helped his new side AS Kigali beat Etincelles 2-0 in the same league.

In Sweden, Ouma scored AIK’s fourth goal in their runaway 4-2 win over Norrkoping on Sunday in the Swedish top tier Allsvenskan League. His goal was a thing of beauty and it came against the run of play in added time as he sprinted well over 50 yards to score into an open net following a neat counter attack off a failed corner kick from the opponents.

Another Kenyans in the team Collins Shichenje also made appearance in the match as a substitute. Shichenje was introduced in the 87th minute while Henry Mejja missed the entire match day. AIK are currently fourth on the log with Norrkoping placed 11th. Meanwhile former Kariobangi Sharks FC and Nairobi City Stars midfielder Sven Yidah, now an employee of Marumo Gallants was handed his debut against Royal AM in the Premier Soccer League played Sunday.

The Kenyan player had 67 minutes in before being substituted off. Swallows are 12th on the log with four points with one win in the bag and a draw. At the same time,Brian Onyango of Mamelodi Sundowns played full minutes in their 1-1 draw with Sekhukhune United Saturday in a match played at Peter Mokaba Stadium. Sundowns are currently fourth on the log with seven points.

In the Georgian top flight,Kenyan ace Amos Nondi’s Dila Gori FC lost 3-0 to Dinamo Tbilisi in a league encounter Saturday. However Dila is now at fourth place with 34 points while Tbilisi are on 44 points.

Meanwhile, former Harambee Stars Captain Victor Wanyama helped his Montreal Impact side to an emphatic 3-0 win over New England Revolution Sunday morning in the Major League Soccer Championship. The skipper played the entire game bossing the midfield with a fine show.

In Zambia,former Harambee Stars forward Jesse Were of Kansanshi Dynamos opened their league campaign with a drab draw against Forest Rangers in the Zambia Super League. At the same time, ex-Gor Mahia defender David Owino also played full minutes for Napsa Stars in their return to top tier football albeit with a goalless draw with Red Arrows. By Barry Silah. PD

Details: East Africa; 22 August 2022; 707

UK Ambassador to Kenya Jane Marriott during a meeting with Kenyan CEOs Chiefs of Staff on July 26, 2022. AMBASSADOR JANE MARRIOT

The UK ambassador to Kenya Jane Marriott has issued a statement addressing viral photos of her meeting the Independent Electoral and Boundaries Commission(IEBC) Chairman Wafula Chebukati and UDA leader William Ruto.

In a statement issued on Monday, August 22, Marriott dismissed claims that she, in her capacity as UK envoy, endorsed Ruto during the August 9 General Election.

She termed the allegations as misinformation, maintaining that Britain has no preferred candidate in Kenya's ongoing electoral process.

UK High Commissioner to Kenya Jane Marriot (left) gives an address during the signing of the UK-Kenya partnership agreement on June 22, 2022.

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"For the avoidance of doubt, I want to categorically reiterate that the Great Britain does not support or have a view on any candidates or parties in elections," Marriott clarified.

She maintained that London was neutral with respect to the polls and that the meeting with Chebukati was in line with her roles to affirm the UK's support to the country and its institutions.

"Who Kenyans elect is a matter for the people of Kenya. We meet people from across the political spectrum to explain the UK’s programmes and partnership with Kenya, including independent institutions.

The head of the UK mission reckoned that the election was a manifestation of the freedom of Kenyans to exercise their civic rights. She added that the monarch under the helm of Queen Elizabeth had no intention of undermining the same.

Marriott echoed an earlier joint statement issued by envoys on August 15, affirming that Britain shared the same views with her European colleagues.

The statement signed by Australia, Canada, Denmark, Germany, Switzerland, Sweden, the Netherlands, Norway lauded the political stakeholders including the electorate for their conduct during and after the poll.

"We commend the people of Kenya for the peace and calm displayed on Election Day. Kenya has set an example to the region and continent as a whole

"We call upon all actors to uphold the spirit of peace in the coming weeks. We encourage all politic al parties and leaders to follow all existing mechanisms for dispute resolution as laid out in the constitution of Kenya," the Embassies wrote.

UK Ambassador to Kenya Jane Marriott meets Roots party candidate George Wajackoyah at the Bomas of Kenya on August 15, 2022. By Paul Kurgat, Kenyans.co.ke