President Uhuru Kenyatta has warned judges against frustrating the Independent Electoral and Boundaries Commission (IEBC) in order not to conduct the August 8 General Election.
The President said he would not accept any attempt to postpone the polls.
Speaking at Kabartonjo Primary School in Baringo County on Sunday, President Kenyatta said the Judiciary should not take them for fools for being silent as the courts make decisions that could lead to the postponement of the elections.
He said they will no longer keep silent as the Judiciary continues to put up obstacles towards the preparations for the coming polls.
"I want to tell those in the courts that because we have respected you for a long time we are not fools.
We cannot accept the courts to be used by those not interested in the elections to frustrate IEBC," said the President.
SILENT
He said that they had kept silent in order not to be seen to be interfering with the independence of another arm of government but warned that things would not be the same again.
Responding to the recent High Court ruling that barred IEBC from contracting Dubai-based Al Ghurair company from printing the presidential ballots, the President said it was puzzling that the electoral agency had been allowed to go ahead with printing ballot papers for other elective positions except for the president.
READ: IEBC calls meeting to end tender row
"They don't have a problem with the printing of ballot papers for MCA, MP, Woman Rep, Senator and governor but they have an issue with those for the President. Do they think we are fools?" he posed.
RANSOM
Deputy President William Ruto said they would not accept any attempt by their opponents to use the courts to hold the electoral agency at ransom.
He criticised the Chief Justice David Maraga for asking the IEBC not to print the ballot papers until court cases were determined.
"When the Chief Justice tells the IEBC not to print papers because there are court cases what does he know that we do not know, does he know how the cases will be decided," said Mr Ruto.
BALLOT PAPERS
Last week, CJ Maraga warned IEBC against printing ballot papers before petitions facing some of the nominees were fully adjudicated upon.
Elgeyo-Marakwet Senator Kipchumba Murkomen said the judiciary should be ready to be held responsible in case elections fail to take place.
"The CJ should decide whether he wants to run the country through the judiciary. If anything happens in this country on or after elections, the judiciary should take full responsibility," said the senator.
The CJ, in his Twitter handle on Sunday, termed the accusations as unfortunate.
" I would not ordinarily respond to statements made by politicians in the course of campaign activities, but these accusations are particularly unfortunate, based that they are on completely wrong premises."
BALLOT PRINTING
The CJ said at no time had he asked the IEBC not to proceed with ballot printing, contrary to statements the Deputy President William Ruto at a rally in Baringo on Sunday.
"The comments I made in Mombasa and elsewhere, which were either deliberately or inadvertently taken out of context, were in reference to the courts' efforts to expeditiously clear the numerous petitions arising from the party primaries in order not to inconvenience the printing of ballot papers," said Maraga.
The CJ added: " I have always been at the forefront of defending the cardinal principle of decisional independence of judges, and at no time have I ever directed any judge or judicial officer on how to determine the cases before them."
There is nothing wrong with criticizing court decisions. It happens all the time in many democracies. The courts should strictly act independently regardless of politicians' wishes and utterances.
When will IEBC stand up to Jubilee and tell them to stop pushing them around. The ruling is a loss for Jubilee but Iebc does not have to appeal this case, because the ruling does not adversely affect the institutions. Infact it empowers IEBC making them harder to influence by a party like Jubilee next time around. They should preserve this ruling, immediately start consultations and have another printer print the presidential ballots. Chebukati must divorce IEBC from Jubilee.
When will IEBC stand up to Jubilee and tell them to stop pushing them around. The ruling is a loss for Jubilee but Iebc does not have to appeal this case, because the ruling does not adversely affect the institutions. Infact it empowers IEBC making them harder to influence by a party like Jubilee next time around. They should preserve this ruling, immediately start consultations and have another printer print the presidential ballots. Chebukati must divorce IEBC from Jubilee.There is nothing wrong with criticizing court decisions. It happens all the time in many democracies. The courts should strictly act independently regardless of politicians' wishes and utterances.
...CJ answer back...but this pingpong game with politicians is not necessary...ignore them bwana CJ... pic.twitter.com/xdzNdZ6lLJ
— Ahmednasir Abdullahi SC (@ahmednasirlaw) July 9, 2017
Nobody is talking about implications of cancelling the contract n where iebc will another 400m for presidential printing .What are these implications?
That's true but has nothing to do with the politicians or Uhuru. IEBC's and judicial independence are guaranteed by the constitution. They should simply ignore/resist to be pushed around. They have themselves to blame if they don't.
"I want to tell those in the courts that because we have respected you for a long time we are not fools. We cannot accept the courts to be used by those not interested in the elections to frustrate IEBC," said the President.
That's true but has nothing to do with the politicians or Uhuru. IEBC's and judicial independence are guaranteed by the constitution. They should simply ignore/resist to be pushed around. They have themselves to blame if they don't.
To my mind, these are the "critical" words:Quote"I want to tell those in the courts that because we have respected you for a long time we are not fools. We cannot accept the courts to be used by those not interested in the elections to frustrate IEBC," said the President.
In many well-run places, these would be considered very alarming words. First, what evidence is there that "the courts [are being] used ...". Second, what are the criteria for "used" and "frustrated"? The courts are right or wrong on the law and facts, or they are not. If the latter, then there is still a higher court; have the "non-fool", "frustrated" lot reached that point? Third, there is the (nominal?) independence of the IEBC.
It is one thing to state a disagreement or dislike of court rulings, but this seems to be an attempt to send a crude message to the Supreme Court, and in a place like Kenya it could even well work. But what is alarming is the "not accept"---that the "leader" of a country should so boldly and publicly state that he will accept legal rulings only to a certain point, on the basis of unspecified and unknown criteria. And what form will his "non-acceptance" take?
I also consider it somewhat unfair to ask that the IEBC "should simply ignore/resist to be pushed around. They have themselves to blame if they don't". This is Kenya. How real is it to expect that people can easily ignore crude "warning", especially when these go above them and to the courts on who they might rely on for "protection".
The words go well beyond the legal fisticuffs about tenders ad what-not. Not since Moi have I heard words that made so concerned about the future of Kenya. Beyond the obvious, immediate effect, imagine a "trickle-down" effect in which people refuse to accept legal rulings on the basis of "used", "frustrated", and whatever other vague criterion that they can dream up.
If we are to avoid a slide back to some of what we have already "tasted", or a total descent to the "African Standard"---rebel army and all---then it is crucial to nurture the independence of and respect for the judiciary ... and the erosion always starts at the top. We have made some progress, but we are still not there. Power is still in play in the judiciary: think of cases like Okemo and Gichuru, wanted since-when in Jersey or wherever, Barasa and others still "wanted" at the ICC, etc. The sheeple, being sheeple, might be slow, but eventually, they too will decide that they are not "fools", that they will not be "used", that they are "frustrated" ... why should only the rich and powerful be in a position to "appreciate" those?
This is most likely what happens just before you get a Somalia, Libya, Syria and other failed Nations. Its starts with such reckless talk.
What remedy does he have in case things don't go his way? I can't see it. Maybe he officially declares open season on the law in Kenya? But how? By arresting IEBC? The Judges? Raila?
What remedy does he have in case things don't go his way? I can't see it. Maybe he officially declares open season on the law in Kenya? But how? By arresting IEBC? The Judges? Raila?
Shameful rhetoric that will return to haunt them. One must think of his legacy. Theyx seem to have decided to go down burning.
What remedy does he have in case things don't go his way? I can't see it. Maybe he officially declares open season on the law in Kenya? But how? By arresting IEBC? The Judges? Raila?
Rhetorical questions, right? OK, for "entertainment", I'll humour you. :D
Remember your first girlfriend in secondary school? How you told her that you were tired of holding hands and that if she didn't put put out, you'd move on? We don't know the rest of the story, but you probably didn't mean it, and no doubt you secretly hoped it wouldn't get to that point. And perhaps she ended up doing the "right thing", which would have been tricky had you broadcast it all around. That's how a "good" threat works. Calculated "intimidation".
But calculated intimidation is only one part of a good threat. The other part is a serious consideration of the long-term consequences.
To my mind, what is important here is not what Uhuru can or might do if he is "defied". What is important is the "message" it sends to all, high and low---that the law is to be "tolerated" or "accepted" as long as they do not go "too far" beyond what one would like. That's a very dangerous message for a leader (even a nominal one) to send to the populace. And, even by Kenyan standards, it is an extraordinary one:
- At their worst, neither Johnstone Kamau nor Arap Moi ever (as best as I can recall) ever, publicly or so crudely, expressed their disdain for the Judiciary. Of course, they didn't give a shite about the law, but they had enough "sensitivity" to get around it by fiddling with both the Judiciary and the Legislature.
In Kenya today we are just trying to get to the start of "civilized governance", and even thus far it is clear that that the Judiciary is not entirely independent. In the long term it doesn't help for the top to undermine the core foundations of what are trying to build.*** In the short term, a serious worry is in the idle, testosterone-filled, unemployed and unemployable youth that makes up a good chunk of the population. While they wait for their 5-day IT training (certificate included) to start raking it in doing BPO in Konza City, what better activity to keep busy than supporting "our man". And is there any higher "our man" than His Excellency? [I did a quick Google search on how many have been killed or injured in fighting for "our man" than have been in fighting corruption, lack of government services, etc.]
*** I keep reading about things like a "Third Liberation". Incredible. Why not aim for just one or two good "liberations"?
It's hard to understand who his audience was. I think he was just trying to please his supporters to think he is tough. I do not see the judiciary or NASA scared of such empty rhetoric. Ouru knows he does not hold all the cards. He can make his supporters believe that but he does not. When hell breaks loose it will break for everybody. When Moi or Kenyatta threatened, they actually had the tools to follow up on their threat and people trembled. Ouru went on a rant and nobody seems scared.
Judiciary do not have carte al blanch powers; whenever they exceed their powers like they are nearly exceeding by making election date uncertain; the executive and parliament will reign them in. That is exactly what Uhuru is saying.
Okay. There is a process for that. And it does not anticipate defying the courts.
There is a process for judiciary to entertains disputes that doesn't entail messing up with election date that is imprinted by the constitution. Election has to happen on 8th - if Judiciary stand on the way - then I don't think we have a process for that - it will get pretty nasty.
We cannot allow some un-elected judicial officials to arrogate themselves powers that belong to Kenyans. At least Uhuru has 50% plus 1 support of kenyans. Who does Odunga or Maraga has?Okay. There is a process for that. And it does not anticipate defying the courts.
You are running scared and have deteriorated to a manamba. Ouruto are only able to govern this country because people are respecting the constitution which gave us this co equal branches of government and not because of that 50% plus crap. If they subvert the law then things will fall apart very quickly and they will realize that kumbe they were able to rule because of the law and not because they have a majority. Let them try being dictators and let them see how long they last. The military can divide very quickly and then what? They need the law just like we need it. It's the only thing keeping this country together. Let him try doing something to the judiciary or the opposition. They do not exist because Ouru is a nice guy. They exist because of the law and because we have all agreed to obey the law. Ouru does not scare anybody and he need to stop threatening. He is very bad at it anyway.
similarly let the judiciary exceed their powers and they will know why Uhuru was given a sword by kenyans. They will get slayed live live. Of course we don't want to reach that position. We want free, fair and credible election held on 8th August and for the losers who have an issue to go to court - and for the court to do their job - and we can go back to our lives.
Bring the election forward if you must - but let it be held on 8th as required.You are running scared and have deteriorated to a manamba. Ouruto are only able to govern this country because people are respecting the constitution which gave us this co equal branches of government and not because of that 50% plus crap. If they subvert the law then things will fall apart very quickly and they will realize that kumbe they were able to rule because of the law and not because they have a majority. Let them try being dictators and let them see how long they last. The military can divide very quickly and then what? They need the law just like we need it. It's the only thing keeping this country together. Let him try doing something to the judiciary or the opposition. They do not exist because Ouru is a nice guy. They exist because of the law and because we have all agreed to obey the law. Ouru does not scare anybody and he need to stop threatening. He is very bad at it anyway.
similarly let the judiciary exceed their powers and they will know why Uhuru was given a sword by kenyans. They will get slayed live live. Of course we don't want to reach that position. We want free, fair and credible election held on 8th August and for the losers who have an issue to go to court - and for the court to do their job - and we can go back to our lives.
Bring the election forward if you must - but let it be held on 8th as required.You are running scared and have deteriorated to a manamba. Ouruto are only able to govern this country because people are respecting the constitution which gave us this co equal branches of government and not because of that 50% plus crap. If they subvert the law then things will fall apart very quickly and they will realize that kumbe they were able to rule because of the law and not because they have a majority. Let them try being dictators and let them see how long they last. The military can divide very quickly and then what? They need the law just like we need it. It's the only thing keeping this country together. Let him try doing something to the judiciary or the opposition. They do not exist because Ouru is a nice guy. They exist because of the law and because we have all agreed to obey the law. Ouru does not scare anybody and he need to stop threatening. He is very bad at it anyway.
As long as the process of slaying live live is within the confines of the law, I don't foresee a problem. As it stands now, his options seem limited on that front.
Ouru's threats are empty. If the judiciary was to postpone the elections, what would Ouru do? suspend the constitution and hold the election on the 8th anyway? Ouru is full of himself.
Exactly. The courts are the final arbitor in a constitutional dispensation. If retender takes a month the courts will just reschedule the elections like they did in 2012 when overzealous folks run to court insisting on August as the IEBC and Jubilee are now doing. There will be no crisis except for those with nefarious intentions.Ouru's threats are empty. If the judiciary was to postpone the elections, what would Ouru do? suspend the constitution and hold the election on the 8th anyway? Ouru is full of himself.