What President Kibaki did in rigging the election was unjust and he, together with all others involved in the travesty, should be brought to justice.
We already know the role played by Samuel Kivuitu and his Electoral Commission (ECK). Kivuitu has recently confirmed that he was forced to participate in the rigging of the elections by threat of murder. We do not yet know was the Chief Justice, who swore in the President, also threatened or was he a willing participant? But what we do know is that an injustice was committed against the people of Kenya, one that has brought great damage to to our country. What remains is to decide what punishment should be meted out to those complicit.
The president has committed a crime and should not be allowed to hide behind the law and constitution. The people of Kenya have in an election rejected Kibaki but he still insists on hanging on to power. As a result of the brazen manner in which propriety, protocol and prudence were brushed aside by both Kibaki and the ECK, death and destruction have had free reign across the country. The guardian of the constitution and laws of Kenya has forgotten for what purpose these exist, and has chosen now to hide behind them in his effort against the very people these laws are supposed to protect.
Resolving the extent of the fraud is difficult as a recount of the ballots can not be relied upon. In addition the Forms 16A are likely to have already disappeared in an effort to cover up Kibaki's crime. This however should not let Kibaki off, not at all.
The Constitution of Kenya Chapter II, Part 1- Number 5 (The Executive) clearly gives guidelines on the Presidency, how he is elected to office. It states, "The President shall be elected in accordance with this chapter (Chapter 5) and, thereto, with any Act of Parliament regulating the election of a president." It is an Act of Parliament alone that gives the High Court jurisdiction to resolve presidential election issues, even though we must admit that the High Court is believed to be under the control of Kibaki and therefore unlikely to rule him out of office.
In addition to having the power to make laws that regulate the election of a president, Parliament, through a no-confidence vote, is also empowered to remove a sitting president. We need to investigate this route because it beats having people killed on the streets by the police, army or the Mungiki sect. It is true that there are challenges here, that MPs are unlikely to bring about a vote of no confidence that will result in their being sent back to the voter, but it is also true that the ODM controls parliament. it is possible for provisions to be passed that do away with this requirement.
The Kenyan Law Society, which has also come out to speak against the fraudulent election should mass its members knowledge and resources and come up with means to remove the illegitimate Kibaki, to fight for justice and to protect our democracy.
Some are suggesting that Raila Odinga and the ODM take the travesty on the chin and work with Kibaki but this sets a precedent for repeated electoral fraud, and the violence that is guranteed to follow in its wake.
Other commentators are giving examples of how other countries, such as the USA and South Africa, would handle this situation. What they fail to point out is that the governments in both those countries had eventually to listen to what the people wanted. In America slavery was eradicated and the constitution changed to accommodate all the American people and in South Africa Apartheid was done away with after people fought for what they believed in. The French revolution gave the poor people power that had been denied them for centuries, and British had their own silent revolutions that gave a voice to the British people. Kenya needs hers now. Out with Kibaki and in with the change.
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is likely not going to lead very far, and will if anything only add tenson and heat. Why? Quite simple: 
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