Maina Kiai's Column

Maina Kiai's Column

Jubilee decision to take Kenya backward surely bound to fail

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There is little doubt that we are headed for big trouble. The Supreme Court decision should have sent a signal that those ruling needed to obey the Constitution and laws, and cultivate more participation, more humility, and more inclusivity. But alas, Jubilee Party has decided to take the exact opposite approach, adopting the classical dictator’s tactics of “might is right.” These tactics, clearly learned during the disastrous Moi regime, are about bulldozing their will on us, breaking the law whenever they want, and to change the law willy-nilly to suit their wants. And their wants are simply about retaining power,…
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Expect the same consequences if polls team does not reform

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The barrage of tirades against the Supreme Court, including personal insults and rent-a-crowd ‘protests’ against specific judges, is not about the ruling and judgment from this week. Oh no! These attacks are about the forthcoming October 26 elections and are an effort to intimidate the Supreme Court from even daring to imagine it can nullify, once again, the certain and expected results that will emanate from the IEBC if it continues in its current ‘business as usual’ style. The avalanche of abuse, fake news, incredibly vicious video clips, and attacks are aimed at making the judges the focus of the…
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When our personal preferences cloud our judgment in voting

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Chief Justice David Maraga wears his multiple identities proudly. He is a lawyer, a judge, a husband and, most importantly, an Elder within the Seventh Day Adventist (SDA) Church who hails from Nyamira.  As I understand, an Elder within the SDA church is someone who provides spiritual guidance to the other members — who can step in for the Pastor — and who epitomises the teachings of the Bible and of Jesus Christ. The SDA Church may not realise, but since September 1, CJ Maraga has been the perfect advertisement for the SDA, for it is clear that it is…
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As we wait for judgment, some polls officials should be in court

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Chief Justice David Maraga, Deputy Chief Justice Philomena Mwilu, Judge Smokin Wanjala and Judge Isaac Lenaola made global history on September 1 when they ruled that the election process must follow the dictates of the Constitution and the law.  More often in international news for negative issues such as extra-judicial killings by the police, massive corruption and looting by state officials, traffic jams, high crime rates and living large by our legislative and state officials, the Supreme Court decision marked one of the rare times that Kenya was in the international media favourably. Even the newspaper of record, the New York…
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Presidential petition exposed the many failings of polls team

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The Supreme Court had not rendered its judgment as I filed this column. I had no idea how the Court would rule, though I can guess how some judges will rule given their political antecedents.  But that notwithstanding, I believe there are a number of takeaways that we should ruminate over, no matter the outcome of the petition.   First, this Supreme Court exercised more control and authority over the proceedings than during the previous petition of 2013.  They did not allow lawyers to patronise or bully them — as pro-establishment lawyers did in 2013. Deputy Chief Justice Mwilu was especially…
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Game of numbers: Polls body’s credibility has taken a big hit

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We are exactly in the spot with our elections as predicted. We have had opaque and uncertain processes around the elections, because these processes were meant to lead to a certain and specific result.  And the numbers streaming on our screens confirm what result was intended. Those numbers may indeed be correct, but because they have been streamed from an unclear basis, and are also contrary to the laws and regulations, they have raised suspicions and tensions.  That is exactly the opposite of what the IEBC should be doing, unless it has orders to reach certain results, damn the consequences.…
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