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Case, facts, solution - yesterday and a possible tomorrow PDF Print E-mail
Written by Andrew K   
Saturday, 05 January 2008

Even as we look to find a solution to the post-election imbroglio and try to look to get some solutions, it is important that we examine a few key issues on the events of the past few days.

Election Irregularities

Both Raila Odinga and Mwai Kibaki received approximately four million votes and in meeting with the predictions of opinion polls, there was not much more than 200,000 to 300,000 votes between them either way.  Indeed, it was Raila’s assertion, prior to the release of the results by the ECK, that Mwai Kibaki wouldsteal about 200,000 votes but would come in just behind ODM.

The 300,000 figure (the higher limit) is about 3.3% of the votes cast.  It is not unreasonable to assume that the inflation of ODM figures in their areas of strength (as has been shown repeatedly to have happened) could also easily fall within 3% of the total votes cast. This manipulation is likely to have happened before figures were recorded onto Forms 16A, especially as the lack of opposition agents in these areas meant that ODM had unfettered access to such methods of electoral fraud.  In the absence of  PNU agents it is necessary that independent organisations stand in to give us these figures, for example, local or foreign observers.

At this stage it is almost without dispute that there was rigging in PNU’s favour of the sort mentioned in Molo, which consisted of changing the figures recorded on Form 16A.  It is likely that the total impact of this vote manipulation to the advantage of the PNU would also fall within the 3%. Strangely however, Raila was recently reported in the Nation newspaper claiming that Kibaki’s votes were inflated by over one million.  I am personally doubtful of the validity of this number as it would mean that Mwai Kibaki ended the election with a count of about 3.5 million only - a number that is not only inconsistent with the wealth of votes he harvested from Central and Eastern Kenya, but also ignorant of the very high turnout experienced in Central Kenya.

So who won the election? I do not know, no one really knows. The ODM and some of its supporters have been claiming that the statements of the foreign press, Kivuitu and Amos Wako prove that Kibaki 'stole' the election, but the truth is, with all the reported irregularities and the closeness of the election, it is impossible to tell who really won the December 27th vote.

To put a firm answer to this question would have required an immediate recounting of the votes (impossible given transportation and vote integrity issues as witnessed in the 1992 elections) or an auditing of the Form 16As by the ECK (this would help uncover the later rigging while acquitting the earlier methods. One interesting mystery is ODM’s assertion over several days that they had collected a total of 4.2 million votes, yet the final ECK announcement ascribed 4.3 million votes to the ODM .

Outbreak of violence

Even had President Kibaki won the election fairly or by a larger margin, there would certainly still have been riots.  The ODM did not prepare its following for the possibility of losing the election. In fact they primed them towards an outright rejection of a Kibaki win, preaching that any such result would be indicative of electoral fraud.

So it is not for the irregular manner of Kibaki's victory that we have blood in the streets, rather people are rioting because of the Kikuyu factor.  (I must apologise for all the Kikuyus who have been responsible for bringing this country to such a woeful place, whether in the ECK or around Kibaki.)  Still, the facts speak for themselves. The ODM galvanised half the nation around the logic that since Kibaki is a Kikuyu and Kikuyus are thieves, are corrupt and are against devolution thus keeping you from getting your right and just share of national wealth, it follows that Kikuyus are bad and that Kibaki must go.  Kibaki Toka!  This strategy worked overwhelmingly in five provinces giving the ODM a massive one hundred seats in parliament.

There is similar non-tolerance in the Kenyan blogosphere and Internet forums for anyone who does not support the ODM, the logic being that the overwhelming majority of  the four million plus votes cast for Kibaki were Kikuyu (president of one tribe) and that Kibaki did not garner a significant number of votes in the rest of the country.

Finding a solution will be difficult if the leaders stick to their dug-in positions.  Raila Odinga seems so intransigent he is unwilling to stop insisting that Kibaki step down. The president on his part, and he is supported in this by Archbishop Tutu, insists that the ODM and Raila first accept that there is a governing authority in Kenya. We will keep praying for greater flexibility and a faster resolution, for heaven knows we need a peace, and we need it fast.

The way forward

It now behoves the head of state to take charge, to reach out to the opposition and to bend over backwards to accomodate them. It is important that he has made concessions regarding the composition of government, but he must also find a way to have the ODM leave any such talks with an element of pride.

The ODM on its part must stop talking about Kibaki as having the support of only one or two tribes.  The effects of this strategy are already visible around the country and it is most important that the leaders who inspired this seperation, whether in the ODM or in other parties, work hard to heal the divide.

Third, rallies must be held in all regions of this country to persuade the people to calm down and to desist from wrecking the very economies of their regions.  I laud the actions of KISS and Citizen radio stations, and of the mainstream newspapers to this end. 

Finally, politicians must realise that there is for each side one half of the country that is represented by the other. This little fact means that it is impossible for the one side to vanquish the other except by destroying the nation. Such ideas as the  Million Man March rallies and the like do not help promote harmony and a return to some semblance of unity. What they do instead is bring us closer and closer to confrontation. Remember both sides could call four million person rallies! 

Here is an idea, Mwai Kibaki should sit down with Raila Odinga and negotiate. Mwai Kibaki says “Give me the Banana constitution and I will give you the Presidency.”  Handshake. Done.


Andrew K
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FYI - (...) APOLOGISTS
written by Iqbal Halani , January 06, 2008
Hate speech edited. Ed.

AL JAZEERA - Sunday January 6, 2008

The thief here is Kibaki!

FairCop,London,United Kingdom

NB:The list is endless JM,MOU,
AngloFleecing,Lucy Wambui!,
Arturs,Tribalism,Etc
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...
written by Tsunami , January 06, 2008
It is not an assumption but a reality. you remember the famous phrases 'siasa mbaya maisha mbaya'. This explains why those who have gone through the implementation of this retrogressive philosophy by some backward elements are the front runners in ensuring that things change. They have suffered alienation from the very govt that is supposed to protect them some areas since 1960s. For instance this man who goes to fish the whole night and cannot sell his fish because the govt didn't allocate money to build roads for him to be able to access the market simply because he has been opposition.
We must not give real issues blind eyes when we are looking at solutions for problems in the country. The national cake must be must be shared by all regardless of your political standing. For instance Kibaki has been a president, but the truth is that it may not have added ugali to the table of the common man from central. However he still votes with hope that that road which was neglected by the previous govt will now be fixed. A few bore holes here and there can be sunk to enable him support his small scale dairy farm. This is the kenyan man's thinking.
So how do we handle it?
If there was a way to guarantee to this man or men that development will take place regardless of your political orientation people would not care who is going to be president.
So it calls for a change in policy structures to guarantee that all will partake in the national cake.
Remember one thing, when it comes to making national cake it doesn't matter whether you were running a business or offloading a truck bringing goods to the store. Bottom line both of you contribute. The poor man may not be running a business but he also pays taxes. The cake is made by all and must be shared by all regardless of tribe or political alignment.
This was the spirit that united people in 2002. They knew things were going to change. That by decentralization of power and resources and shared representation in the government all rights were to be protected.
In other words the people wanted a system that would check against willful sabotage of their means of livelihood by backward minded political beasts because of their political view. That his means of livelihood whether fishing, farming or business will be enhanced regardless of whon he supported in the general election.
I have used the term politics more than four times. This only tells you that the problems we have are political and must be solved politically. It is not a question of someone destroying business because he or she doesn't have one. This are desperate people who have given up because the government has denied them all the basic rights even the right to vote. All they hear are arrogant utterances.
We can help by accepting the truth that political solutions are the only ways out.
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elctions and food on the table
written by cynic , January 06, 2008
We in seem in Kenya to have mistaken democracy with economic development. A quick look at most of the countries that have become middle income or developed countries in the past 40-50 years, one will notice they were in many cases less democratic than Kenya.
Our tribal based politics exist purely as mechanism for extracting money from the treasury. There is very little discussion of putting money there in the first place. This talk about dividing up the national cake is laughable because we have to bake it first. We are not Nigeria or Angola where all the government has to do is dig a hole in the ground to get money. We are going to have to do it the hard way in Kenya.
While we have been obsessed in the past 15 years with elections, ethnic cleansing, vote rigging, MOUs, something for nothing politics; look at what Dubai has achieved without democracy.

What rights are more important property rights or voting rights? When folks have no economic stake in the system they run amok and do the things we saw in Kisumu with the looting. The problem with our democracy is that it assumes that because the head of government or a public institution is from my tribe I benefit economically. This would not be further from the truth. The only person that benefits is the Tribal chief.
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U are alone.....
written by Keino , January 06, 2008
We in seem in Kenya to have mistaken democracy with economic development. A quick look at most of the countries that have become middle income or developed countries in the past 40-50 years, one will notice they were in many cases less democratic than Kenya.
Our tribal based politics exist purely as mechanism for extracting money from the treasury. There is very little discussion of putting money there in the first place. This talk about dividing up the national cake is laughable because we have to bake it first. We are not Nigeria or Angola where all the government has to do is dig a hole in the ground to get money. We are going to have to do it the hard way in Kenya.
While we have been obsessed in the past 15 years with elections, ethnic cleansing, vote rigging, MOUs, something for nothing politics; look at what Dubai has achieved without democracy.

What rights are more important property rights or voting rights? When folks have no economic stake in the system they run amok and do the things we saw in Kisumu with the looting. The problem with our democracy is that it assumes that because the head of government or a public institution is from my tribe I benefit economically. This would not be further from the truth. The only person that benefits is the Tribal chief.


....on that thought, for I don't know of any young Kenyan who sees things that way anymore. My 80-yr-old grandma does not think so too because she never saw a penny from Moi after voting for him for too long. I may never meet Raila, are not Luo but support him. And if the man won the election, let him lead.

But again, looking at Kibakis presidency, wouldnt'u agree that being a member of Muthaiga golf club (OR MKM) was a positive? Be honest. If Kenyans think that way, blame it on Kenyatta...who began it by selling 99% of the white highlands to Kikuyus cheaply (even those that were from non-kikuyu areas and grabbing the rest. Think of it, Queen Elizabeth awarding British Generals KenyaN Land as gifts, Kenyatta awarding his buddies (mostly from one region) Transnzoia rich lands as though Kales did not exist). If it is true indeed, blame it on Moi who invested in Eldoret International Airport to allow locals dry corn easily as he rejected Kisumu...or on Kibaki who overlooked Mwatela in favor of Ndung'u for CBK.

I think Cynic is the group that are confusing people from the real issue. Lakini hata tukifuata huo mwelekeo, serikali ilioko haifai.
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ODM strategy
written by Timothy Wainaina , January 07, 2008
I see you have read to page 23 of the handout. Repeat something often enough and it may just come through as gospel.

I suppose you have been living in your little village and have not yet got to terms with the news. Here is the newsflash: none but the mentally unsound now deny that there were irregularities on both sides. I understand that nearly everyone in your hamlet voted for Raila, but there are other Kenyans you know, and their votes count too.

I see you chaps were surprised that the PNU boys had the balls to copy your modus operandi and steal votes (even if they did it in a less professional manner than you did). I see also that you have disciplined Kalenjin warriors at your beck and call. Now please tafuta a cliff and dive off with them. We need peace for our biasharas.

Note to editors, please do not allow this website to be overtaken by ODM's tactic of beating Kenyans into submission with propaganda. Note that Murage is simply pasting his bilge about some hazy one million votes all over the place, with absolutely no evidence whatsoever!


Editorial comment:
We will continue to allow criticism of Kibaki and his government on this website. If people feel that he be (co-)responsible for the present mayhem, they shall say so (hopefully with arguments instead of mere emotional rants; for this is an editorially redacted e-paper, not an online therapy session).
The same is true in reverse.

What we will not tolerate, but immediately moderate and where necessary delete, are incitements, hate speech, tribalism, and calls for renewed violence under whatever pretext.

Ed.
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hail the manta
written by Stephen Wanyama , January 07, 2008
Now we are talking. There was never any doubt exactly what Majimbo meant, none at all. Especially in the Rift Valley and at the Coast.

I understand that there are now many Kenyans of nihilistic disposition who are regretting that they ever supported Majimbo, or the ODM. This is especially true of the Kisii of the Rift Valley and Kisumu who have now been guided back to the highlands. It was ever thus, KenyaImagine alone has maybe ten articles on the matter.

People at the coast are unlikely to understand just how dangerous these ideas are, even as Balala tells them that Majimbo will mean they can take their beach plots back.

There is urgent need to resolve many issues about land and water rights in the Rift Valley, but sponsors of ethnic politics like Raila and Ruto are not the ones to do it. As some have said, Kenya was never going to be the same after Raila made his adui statement.
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...
written by manta ray , January 07, 2008
Solution is simple, that is if the antagonists can shelve their bloated egos:

1. We should have a general election one year from now supervised by the UN.

2. Before that election is held, the Kenya constitution must be overhauled over a period of 4 months preferably by 5 or 6 Commonwealth High Court Judges to be agreed on by both sides and other stakeholders.

3. Chief among the issues to be addressed is the matter about majimbo. It should be banned. I would propose a clause, to be written in golden letters, outlawing overt ethnic chauvinism by providing for capital punishment for offenders or at the very least long prison terms. Germany has a similar clause outlawing overt racism especially against Jews.

4. BOTH KIBAKI AND RAILA MUST NOT RUN.

The above will provide the country with a fresh start to help heal and exorcise the demons unleashed in the recent debacle.
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re: hail the manta
written by Mfalme Jeta , January 07, 2008
Raila did not sponsor the violence don't be silly and simplistic. Kibaki created the situation with his rampant favoritism and corruption. And I can assure you if the vote comes, Kibaki will lose even more.

Kenyans can't stand that man. All Kenyans except of course his people who are also holding their noses while voting for him.

I'd rather vote for a dog than vote for Kibaki.

Raila should not let up, he should pressure the guy until he goes crazy like his wife.

Now we are talking. There was never any doubt exactly what Majimbo meant, none at all. Especially in the Rift Valley and at the Coast.

I understand that there are now many Kenyans of nihilistic disposition who are regretting that they ever supported Majimbo, or the ODM. This is especially true of the Kisii of the Rift Valley and Kisumu who have now been guided back to the highlands. It was ever thus, KenyaImagine alone has maybe ten articles on the matter.

People at the coast are unlikely to understand just how dangerous these ideas are, even as Balala tells them that Majimbo will mean they can take their beach plots back.

There is urgent need to resolve many issues about land and water rights in the Rift Valley, but sponsors of ethnic politics like Raila and Ruto are not the ones to do it. As some have said, Kenya was never going to be the same after Raila made his adui statement.

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written by a guest , January 07, 2008
O
Solution is simple, that is if the antagonists can shelve their bloated egos:

1. We should have a general election one year from now supervised by the UN.

2. Before that election is held, the Kenya constitution must be overhauled over a period of 4 months preferably by 5 or 6 Commonwealth High Court Judges to be agreed on by both sides and other stakeholders.

3. Chief among the issues to be addressed is the matter about majimbo. It should be banned. I would propose a clause, to be written in golden letters, outlawing overt ethnic chauvinism by providing for capital punishment for offenders or at the very least long prison terms. Germany has a similar clause outlawing overt racism especially against Jews.

4. BOTH KIBAKI AND RAILA MUST NOT RUN.

The above will provide the country with a fresh start to help heal and exorcise the demons unleashed in the recent debacle.


Our country is at cross roads and must make a decision that will either see it rise as a great nation or shatter it to the levels of somali.

First we need to recognize that there are two possibly more problems here. The rigging, land issue in R. valley and the economic gulf between Kenyans. None is related to the other but politicians have somehow made them into one.

The election was flawed and since kibaki won, he seems to be the bigger culprit, if two thieves tried to steal a diamond and one actually ended up with it, who is the thief? This means that in order to move foward, we have to have another election. PNU guys off all people have to admitt this.

that there is ethnic cleanisng in R. Valley. So serious is it that genocide watch has issued an alert for a high liklehood of genocide in Kenya (rating of 6 in a possible smilies/cool.gif. ODM's assertion that this is spontanious anger sounds (chillingly) a lot like the statements issued by the rwandese goverment in the height of the genocide claiming that the killings were spontanious reaction to the killing of habyarimana. Kisumu mayhave been spontanous, maybe kibera but Timboroa and eldoret have all the hallmarks of wel planned mayhem. ODM would do itself a big favour by removing the election protest mask from the ethnic cleansing. Note that am not accusing Raila of it but raila is not the only member of ODm with an agenda

We have to talk. Let tribe not be something we shy around about. we have to bring it out and talk about it. Make it a curricular even in school. demystify it.

The land issue in R. Valley must be settled once and for all
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african pesimist
written by cynic , January 07, 2008
The evidence is very clear we have created a democratic system that defines interests in tribal terms. The past week has shown us the limits and impracticality of our democracy systems. Less democratic countries that define interests in terms of social class have left us in the dust economically and socially. It is very amusing to see solutions and tweaks to an impractical system that is hospice awaiting death.
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...
written by aeichener , January 07, 2008
You have a republic, true. You got it one year after independence: on 12th December 1964.

But what the hell gives you the idea that Kenya would already be a democracy? It is only on the way to one. A good way.

Alexander
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BACKWARDNESS
written by dr.phil , January 07, 2008
The fact of the matter is that Kenya has some very primitive and backward tribes.

Many of which sit nicely and safely in comfortable houses or apartments abroad, and even sport spiffy academic titles. Careful with hate speech, man. Ed.

(...)
I could not figure out why people had to be burned to death in a church just because of belonging to the tribe of the President. This is shows that in Kenya we are living among human time bombs, it is a very scary thought. How does one contemplate murdering someone because of election results, isn't this primitive?
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re: hail the manta
written by a guest , January 07, 2008
Now we are talking. There was never any doubt exactly what Majimbo meant, none at all. Especially in the Rift Valley and at the Coast.

I understand that there are now many Kenyans of nihilistic disposition who are regretting that they ever supported Majimbo, or the ODM. This is especially true of the Kisii of the Rift Valley and Kisumu who have now been guided back to the highlands. It was ever thus, KenyaImagine alone has maybe ten articles on the matter.

People at the coast are unlikely to understand just how dangerous these ideas are, even as Balala tells them that Majimbo will mean they can take their beach plots back.

There is urgent need to resolve many issues about land and water rights in the Rift Valley, but sponsors of ethnic politics like Raila and Ruto are not the ones to do it. As some have said, Kenya was never going to be the same after Raila made his adui statement.


I for one don't think majimbo got a fair shot in post Independence. If a system simliar to CDF where regional assemblies had some say in development projects specific to that area, but still subject to the authority of the national assembly, then there is some hope that this system can work.

On the Land issues a implementation of the Ndung'u report could be one step in resolving landlessness as as well an audit of the law on land ownership in Kenya.

Raila did not sponsor the violence don't be silly and simplistic. Kibaki created the situation with his rampant favoritism and corruption. And I can assure you if the vote comes, Kibaki will lose even more.

Kenyans can't stand that man. All Kenyans except of course his people who are also holding their noses while voting for him.

I'd rather vote for a dog than vote for Kibaki.

Raila should not let up, he should pressure the guy until he goes crazy like his wife.


Would you rather some flea bitten stray were running this country than an London School of Economics educated man with 40 years of political experience and a crdible reccord as Finance minister to boot? This forum may encourage criticism of both sides but there is a difference between criticism and Insulting language and the above cetainly is not the former.
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Dear Editor
written by Murage , January 08, 2008
Dear editor,

I commend for your zeal in editing the pieces in here. (minus the threats) But please do us a favor, when you edit, please don't leave a portion of a paragraph and cause ambiguity or distort the message.

(Reckless fear mongering deleted. Go on like this, and your IP will be banned. Ed.)

(...) but we may be looking at yet another large number of Kikuyus slaughtered in the hands of disciplined Kalenjin warriors.


It would have been better if you had re-worded what I said in the deleted portion of the above though to qualify the above statement than deleting and leaving parts that makes it seem as if I'm asking for the slaughter of Kikuyus.

You're doing a fine job Brownie, but please be careful not to create a false impression in a prose. The portion of my statement you left can easily come across as insensitive.
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re: re: hail the manta
written by Murage , January 08, 2008
So who's the flea-bitten stray here? When Kenyans go to vote, all this crap about London School of Economics and whatever means nothing. In an election the man / woman with the highest votes gets the job.

The guy with LSE degrees can help in the ministry of planning. And please do not insult our intelligence by telling us experience as minister means anything. All those people do, especially under Kenyatta, Moi and Kibaki is kiss-up to bwana sausage.

Kibaki has been in politics for forty years yet he has very little to show. Othaya is a poor constituency yet his people always yell on top of their lungs about Kibera.

Now his record as humanitarian is in question. He has added crimes against humanity in his sleeper profile because he sent cops to Kisumu with shoot-to-kill orders killing 93 people who included children.

We cannot forget that the Kibaki you're singing praises for here never struggled or sacrificed for our country. He has sat pretty all the time enjoying the fruits of other peoples' labor. Even his presidency was won on other people's backs.

Kibaki presided over the tortures of our darkest period in history (the current one is the worst)when he served as vice president and minister for home affairs. The torture chambers at Nyati and Nyayo houses were either under him or the ministry of Internal affairs. He also run the prisons when prisoners, especially political prisoners were tortured and left for the dead.

I wonder, sometimes, what Kenneth Matiba really thinks of Kibaki.

Kibaki is not a good man so let's stop painting a saintly picture of him.

Would you rather some flea bitten stray were running this country than an London School of Economics educated man with 40 years of political experience and a credible record as Finance minister to boot? This forum may encourage criticism of both sides but there is a difference between criticism and Insulting language and the above certainly is not the former.


Nothing personal. Just keeping it real.
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written by two , January 08, 2008
Actually, Raila was pretty specific, he said that some regions would cry when he got to State House. He was talking about a scenario in which he would be victorious, not one in which he would be beaten.
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