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Raila-2 We'll not accept and move on, Raila says as he heads to courtThe National Super Alliance (NASA) has now resolved to move to the Supreme Court to challenge the declaration of Uhuru Kenyatta as the winner of the August 8 presidential contest.

NASApresidential candidate Raila Odinga also hinted as civil disobedience to protest the decision by Independent Electoral and Boundaries Commission to call the election in favour of President Uhuru.

He said the declaration was null and void as the electoral agency relayed results without the physical Form 34A. He said Kenyans will not accept “computer-generated leadership.”

RELATED: The full speech by NASA leader Raila Odinga

“We have decided to move to the Supreme Court and lay before the world the making of a computer generated leadership,” he said while addressing a press conference at Okoa Kenya headquarters at Lavington, Nairobi.

For the third time in a row, the person who lost the General Elections has been declared the President, he added.

According to Raila, IEBC scrambled to manufacture 34Bs and cooked numbers to the extent that vote tallies exceeded registered voters.

He said the Supreme Court has a chance to redeem itself or, like 2013, compound the problem.

Nasa had initially said going to court is not an option, but, according to Raila, the raids on civil society such as Kenya Human Rights Commission (KHRC) and African Centre for Open Governance (AFRICOG) made them change their mind.

SEE ALSO: Eight people you must know to benefit from Uhuru Govt

At the same time, Raila hit out at the police for using excessive force on innocent civilians, including a six-month-old baby, Samantha Pendo, in Kisumu.

He said Kenyans have a constitutional right to protest peacefully and boycott work.

This is the second time Raila is contesting a Uhuru win. In 2013, he lost after the judges threw out evidence his lawyers had compiled for being filed out of time.

Raila has until close of business on Friday to file his petition. According to Supreme Court registrar Esther Nyaiyaki, on the last day of filing the petition and the response to the petition, however, the registry will be open from 7 am to 12 midnight.

Within 14 days after the filing of the petition, the Supreme Court shall hear and determine the petition and its decision shall be final.

Here is Nasa’s statement in full:

NASA ADDRESS TO THE NATION ON 2017 ELECTION FIASCO: 
KENYANS SAY NO TO COMPUTER-GENERATED LEADERS 

My fellow Kenyans, 
For the third straight election in a row, the voice of the people has been stilled, and for the third time in a decade, the candidate who lost the election has been declared President. 

This year, Kenyans excitedly voted in a peaceful election that even the most democratic nations in the world would have been proud of.  But this democratic promise abruptly evaporated when those who wield power clung to their old, no-holds-barred script of rejecting the people’s democratic will and holding on to their rule by whatever means. 

Once the polls closed last Tuesday, the IEBC began streaming so-called provisional presidential results not backed by Form 34As as required by law. 

Yesterday, IEBC CEO Ezra Chiloba finally made the stunning admission that the Commission was not able to supply all Form34As yet. This means that both the provisional and final results announced last week are null and void and that Uhuru Kenyatta was not lawfully declared winner. 

From the start, the IEBC was illegally releasing unverified results to create the expectation of an Uhuru Kenyatta victory. This was the equivalent of guaranteeing violence if the final verified results indicated Uhuru had lost. 

Then there was the bizarre phenomenon of Uhuru Kenyatta’s “lead” staying at around a consistent 11 percent throughout the release of the “results!” surprisingly, this same pattern also occurred in many gubernatorial races across the country. 

Such a fixed margin has never been maintained throughout any democratic election anywhere in the world. But it happened here because an algorithm had been introduced to rig the outcome. It happened in full view of all our people and all the election observers. 

Then finally, at midnight last Friday, we saw the IEBC announce that Uhuru Kenyatta had been elected president, even though the Commission continued to acknowledge that only about 29,000 of the 41,000 verified Forms 34As had been tallied! 

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Why was there this fanatical rush to judgment on the most vital matter that any democratic nation EVER faces, the election of its President for the next five years? And why did the IEBC refuse to address the set of questions about vote tallying that that NASA had submitted? 

IEBC might have declared Uhuru Kenyatta president, but a vast number of Kenyans have not accepted the legitimacy of the decision, and will not accept it until they have answers to profoundly disturbing questions that have been raised. Indeed, the Carter Centre, in its preliminary findings has questioned this rush and its overall impact on the outcome. The Centre says: 

“Although election day voting and counting processes functioned smoothly, the electronic transmission of results from the polling stations to the 290 constituency centers, where official results are tallied, proved unreliable. Unofficial results were also transmitted to the national tally center, where they were posted on its website. Unfortunately, the early display of vote tallies at the national level was not accompanied by the scans of polling station results forms as planned, nor labeled unofficial, leading to some confusion regarding the status of official results.” 

No one should believe, and especially not those behind this election fraud, that Kenyans are sheep who will willingly go along with democracy’s slaughter. This country is now divided between those prepared to live under autocracy and the forces of freedom and democracy. 

Most Kenyans do not agree that our democracy is a charade, a game, in which people campaign their hearts out for leaders they want, but are then given a winner pre-determined by the darkest forces in our society and beyond. 

We also have the no less bizarre situation where some observers grossly violated their mandate and started calling upon NASA to concede – even before the IEBC officially announced the election’s outcome. 

We Kenyans will not let such impunity continue any longer. We have the
right, and indeed the high responsibility to defend the Constitution and the people’s will. Peaceful assembly is guaranteed by the Constitution, so is civil disobedience. So is the right for labour to strike. 
And yet our people are being admonished not to protest an election they are convinced has been stolen. The State unleashed unprecedented violence against perceived NASA supporters in their homes and houses. The police have shot, bludgeoned, and cut short the lives of innocents like infant Baby Samantha Pendo at six months and Stephanie Moraa Nyarang’i a young girl of 9 years using crude weapons and live bullets. 

Yet as Kenyans are butchered and their civil liberties trumped upon, they are being told not to protest against a leader they believe is being imposed on them through a computer-generated fraud. 
The entire world knows that there were nationwide protests in the US after the last elections. We also know that to date, there are investigations going on by the Justice Department and Congress to establish whether the US elections were hacked by foreign agencies. 

Fellow Kenyans, 
We refuse to sit and watch the Jubilee turn our country into a banana republic and a playground. 
Accepting such a crime for the third election in a row would irredeemably entrench the triumph of anti-democratic impunity and the permanent death of democracy. Future elections would be a sham. NASA shall not be party to it. 

The Constitution gives us the incontrovertible right to protest injustice peacefully, and wage a peaceful campaign of civil disobedience. We will preach peace, and we have done so. But we will uphold our rights to assemble and protest. We shall hold vigils, moments of silence, beat drums and do everything else to peacefully draw attention to the gross electoral injustices being meted on our country and demand redress. Kenyans have no need to use violence to achieve justice. 

We also emphasize that the struggle here is not just about this moment or this election or this nation. It is about Africa and it is about democracy. 

If Kenya, one of Africa’s most vibrant democracies except at election time, can be so easily intimidated to surrender, then what hope is there for the rest of Africa? 
It is in this regard that we call upon all African democrats to publicly show solidarity with Kenyans. 

Fellow Kenyans, 
The merchants of State violence expected NASA to walk Kenyans into death traps. They dispatched merchants of death to carefully selected parts of the country. The people are held now under a hostage siege. The intent is murder and mayhem. Wanton murder, rape and violence are being committed against the people to pacify them against seeking justice. This is why the government is violently demobilizing civil society organizations for daring authoritarianism and seeking justice. 

We had said we will not go court. But with the raid on civil society and determination to silence all voices that could seek legal redress like AFRICOG and the Kenya Human Rights Commission, we have now decided to move to the Supreme Court and lay before the world the making of a computer-generated leadership. 

By going to court, we are not legitimizing misplaced calls by some observers for us to concede but are seeking to give to those who braved the long lines in the morning chill and hot afternoon on Tuesday August 8th 2017; mothers with their children tied on their backs; the sick, people with disabilities, old and young a chance to be heard. 

Furthermore, we act on behalf of those who have been blocked from seeking redress in courts such as the sustained clampdown on the civil society that have attempted to go to court. NASA wants to show the world what transpired in the fraud. 

Even as we go to Court, we are cognizant of the fact that ever since Uhru Kenyatta and William Ruto publicly warned the Judiciary, the IEBC has not lost a single case in court. We have decided to move to the Supreme Court despite the history and other recent circumstances. In similar circumstances in 2013, we moved to the Supreme Court to challenge the declaration by IEBC of Uhuru as President-elect. The manner in which the Court handled that petition was a travesty of justice. The Court decided all interim applications in favour of Kenyatta. The Court also allowed the counter petition filed in favour of Kenyatta but disallowed the two petitions against him. Uhuru won 100 per cent and we lost 100 per cent in court. 

Our decision to go to court constitutes a second chance for the Supreme Court. The Court can use this chance to redeem itself, or, like in 2013, it can compound the problems we face as a country. 

We will show how they shamelessly cooked results from non-existent polling stations and fake un-gazetted Presiding and Returning officers. They gave figures from non-existent Forms 34A and 34B; they scrambled to manufacture such forms; switched vote numbers; and how they openly swindled to reach predetermined consistent vote numbers. They cooked numbers to the extent that vote tallies often surpassed registered voters in polling stations. 

Kenya is always much larger than my individual ambition. But Kenya is definitely not too large for all of us to ensure that anyone who wins the people’s votes, and not the loser, is declared President. This is just the beginning. We will not accept and move on. 

RAILA ODINGA 

HON. KALONZO MUSYOKA 
HON MUSALIA MUDAVADI 
SEN. MOSES WETANGULA 
H.E. ISAAC RUTO 
15TH AUGUST 2017, 
NAIROBI.

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Politics

Babu Owino arrested over Uhuru slur

The first time MP is being grilled at Mazingira House, the DCI headquarters, over his weekend remarks in Dagoretti, Nairobi

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Embakasi East Member of Parliament Babu Owino has been arrested and taken to the Directorate of Criminal Investigation (DCI) headquarters for using disparaging remarks against President Uhuru Kenyatta and threats to force him out of office.

His remarks on Sunday during a campaign tour of Dagoretti in Nairobi, during which he referred to the President as “mtoto wa mbwa” ( son of a dog) set social media ablaze with Jubilee supporters demanding his arrest as those supporting Raila comparing him with Gatundu South MP Moses Kuria.

His arrest came as protesters took to the streets of Kiambu and Ruiru towns to express their distaste to Owino’s remarks, demanding his arrest and an apology from him. Business and transport operations have been paralysed along Kiambu Road and at Ruiru on the Thika Superhighway.

The MP, however, refused to apologise, saying that his remarks were not directed to President Uhuru, and that he owes no one apology.

“I will not apologize to anyone because I called nobody’s name during my yesterday’s address. We have so many presidents in Kenya, from the President of Sonu to all presidents of students union in Kenya, President of the Supreme Court, President of Youth senate and many more. However I will stick to objective politics and will never abuse anybody,” wrote Owino.

Women Representative of Nairobi Esther Passaris, who was present, has distanced herself and the Nasa Coalition from Babu’s words and conduct, and apologised to former First Lady Mama Ngina and the Kenyatta family for the insults.

Kiambu-Town-demo-576x1024 Babu Owino arrested over Uhuru slur

Residents of Kiambu town protest remarks made by Embakasi East MP Babu Owino. He has since been arrested.

“I would like to condemn in the strongest terms possible the utterances made by my fellow MP Babu Owino during our campaign rally in Westlands and Dagoretti North yesterday. As a mother, I sincerely apologize to the former First Lady, Her Excellency Mama Ngina Kenyatta, and her family over the insult and disrespect meted on her, which neither depicts nor reflects the character or direction envisaged by our Party leader the Rt Hon. Raila Odinga and the NASA principals,” Passaris said in a statement posted on Twitter.

“Freedom of speech comes with responsibility, and I beg my fellow politicians and Kenyans on both sides of the divide not to abuse this freedom whether on social media or otherwise,” she said.

ALSO SEE: Babu Owino: Radical who will spice up Parliament

According to Passaris,  no matter how big political differences are, there is a line that should not be crossed.

This is not the first time the MP is finding himself in trouble over derogatory remarks since he was elected into Parliament a month ago.

During his swearing in ceremony, Owino was forced to repeat his oath allegiance after pledging loyalty to Raila referring to him as the President of Kenya.

He, however, got away with utterance of the ‘Tibiim’ slogan at the end of the swearing in.

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Education

Cholera outbreak at Daystar University

Vice Chancellor Dr Timothy Wachira says the situation is under close supervision by the administration and an awareness campaign had been mounted to curb its spread

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Daystar University Athi River campus.

Five students at Daystar University Athi River who were admitted yesterday due to cholera attack in the school from both on and off the campus.

One of the victims,  who spoke to Business Today, said she started to diarrhea yesterday and went to a clinic near the campus for a checkup and was later rushed to the Nairobi Women’s Hospital after she was declared to have cholera-like symptoms.

Vice Chancellor Dr Timothy Wachira, through corporate affairs department, confirmed a cholera outbreak had been confirmed but assured students that the situation is under close supervision by the administration.

Related: Fear grips school after 200 students fall ill
READ: Women eat crickets to get special protein

““The University service department is working with public health to disinfect all public places. The department of public health is also mounting a public information and awareness campaign,” read the VC’s statement in part.

He added those who were in contact with the victims will be treated with prophylaxis.

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Person of Interest

President Uhuru’s son who can’t speak Swahili

President Uhuru Kenyatta’s son had accompanied DP William Ruto for a campaign tour of Nandi but viewers were taken aback when he had to reach short speech from his smartphone (SCROLL DOWN FOR STORY)

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Kenyans, including Jubilee supporters, have taken to social media to critic Muhoho Kenyatta, President Uhuru Kenyatta’s son, for being unable to proficiently speak Swahili.

Muhoho, who had accompanied Deputy President William Ruto in Nandi County for a campaign tour at the weekend, read a 30-second speech from his smart phone, amid cheers from the gathered crowd. Kenyans were dismayed, calling him unpatriotic for not being able to deliver a simple message in the native language.

The second born son of the president, who is the last born in the family of three, has not gone through the Kenyan education system. It is alleged that Muhoho had gone through the IGCSE system of education abroad, the reason he is unable to speak Swahili.

This is the first time Muhoho is speaking publicly at a political function, days after First Lady Margaret Kenyatta appeared in a political rally at Uhuru park. It has thus been seen as an act of testing waters in preparation for 2022 politics where his father will be exiting the political stage, which could mark the end of Kenyatta family in Kenyan politics.

If so, Muhoho will have a long way to familiarise himself with Kiswahili, Kenya’s national language that is the most spoken and widely accepted language in Kenya. Common knowledge in politics states that for any political mileage you have to associate yourself with the voters, and in this sense the language.

READ: Untold story of Uhuru Kenyatta’s rural life in Gatundu

Here are some comments from Kenyans about Muhoho’s inability to speak Swahili:

“If Muhoho asks for my vote as future President, I might not give him,” said Chepkorir Vera Moraa, a former student leader at Moi University, an ardent Jubilee supporter.

“Let’s be clear, his knowledge of Swahili absolutely matters. Anyone who knows politics 101 will tell you that the people have to feel you are one of them. If you don’t look like them or talk like them it creates distance and loses votes. This is why his own father dabs and speaks Kiswahili…to look and sound more like the people he is seeking votes from,” said Imungu Kalevera, a social media user.

“Yes, I feel some sense of lack of patriotism in him, but you cant blame him altogether. He has been brought up in abroad. With time he’ll learn . A few years back, Gedion Moi could not speak Swahili, you can even today realise he struggles,” explained John Ngigi.

ALSO SEE: Margaret Kenyatta goes Beyond Zero in politics

“This young man. At his age, he was unable to speak in Kiswahili. He was sent a text message to read and even in the process of reading he wasn’t sure of what he was reading. What if someone would have sent him a pathetic text bordering on insults???? Can he sing the nation anthem, Swahili version?” wondered Mwero Mwangale.

However, Muhoho Kenyatta, a designer by profession, is not alone. When he first emerged politically, former President Moi’s favourite son, Gideon, could not perfectly construct a sentence in Swahili leave alone his native Kalenjin language. However, he has beaten the odds and is presently the Baringo Senator with designs on the presidency and speaks both languages.

SEE: Meet President Uhuru’s fashion designer 

Muhoho runs his own clothing line in various major African cities. In November 2014, he won the Showcase Designer of the Year award in the Emerging Designer category at the Nairobi Expo. His engagement in public events includes a Christmas Day visit to Kenyatta National Hospital Children’s Cancer Ward and Maternity Wing in 2015 during which he donated an assortment of equipment and Ksh1 million for needy kids.

He was accompanied by his fiancee, Firyal Nur Al Hossain, a designer and founder of the Nur clothing label. She is related to Foreign Affairs Cabinet Secretary Amina Mohammed. In July 2015, the two were also at the airport to welcome US President Barack Obama.

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Economy

Prolonged campaigns fatigue Kenyans

Henry Wandera, an economics lecturer in Nairobi, noted that elections tend to cause fatigue as they slow down all the other sectors

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A prolonged campaign period following the order by the Supreme Court for fresh a presidential election seems to have tired many Kenyans as the date for the new election got postponed.

Many of the electorate are eager to see the campaign period end so they can move on with their lives, but a political standoff among key parties, the opposition National Super Alliance (Nasa) and the ruling Jubilee is unlikely to end soon.

Kenyan politicians have been on the campaign trail since March, and on August 8, Kenyans went to ballot to choose Members of County Assemblies, senators, woman representatives, governors, MPs and the president.

Many thought the ‘election madness’ was over until the Supreme Court nullified President Uhuru Kenyatta’s victory and ordered for fresh polls.

The electoral commission on Thursday pushed the date for the fresh presidential elections to October 26 from its earlier set date of October 17, citing the need to be fully prepared to deliver free, fair and credible elections.

Previously, Nasa leader Raila Odinga dismissed the idea of holding election on October 17.

“There would be no elections on Oct. 17 until the electoral commission is reformed,” he maintained.

Meanwhile, Kenyatta and his party Jubilee insisted that elections would be held as scheduled on October 17, noting that the country must move on.

Some of his supporters have threatened to swear him into office if polls delay. The talk on the streets, on radio and social media show many citizens are tired with the seemingly unending electioneering period.

“I am tired with the campaigns and I want them to end. Does it mean this politicians have nothing else to do?” posed Classic 105 breakfast show host Maina Kageni.

On the streets, frustrations about the lengthy electioneering period is evident in peoples’ talk and faces.

“I’m exhausted of the elections, I’m completely tired of them that I may never vote even if they come on October 17 or November 1,” said Antony Kioi, a cooking gas seller.

Kioi noted that the country has seemingly been on campaign for the last four years, with the blitz heightening only close to elections.

ALSO SEE: IEBC sets new date for presidential re-run

“Leaders have been holding rallies for many months that one cannot remember when the campaigns started or ended. We can not live politicking, elections must come and go,” he said.

Beatrice Mulundi, an insurance agent, said elections had even derailed her sales, as her many potential clients hoped to wait until the polls are over to consider her products.

“In fact when I hear that the new polls may not be held as scheduled, I get angrier.

“How do I earn a living if political uncertainly hangs over the country?

“For the last two months, people have simply been not taking insurance,” she lamented.

On social media, election talk is prominent but opinion is divided on the lengthy electioneering period, with some noting the country should get it right with elections for the things to go right.

“We better politic for 90 days, reform the electoral commission and elect the right people than have bad leadership for five years,” said one Twitter post under the hashtag ElectionsKenya.

On the other hand, other citizens are complaining of how politics has clouded all the other sectors of life.

“The health sector is literally on its dead bed, politics has taken over nothing is moving.

“This is frustrating,” said Sylvia Nyaboke.

Companies too are feeling the pinch, with many complaining about losses related to the lengthy elections.

“We lost approximately 3.8 million U.S. dollars during the election day last month due to closure of M-pesa businesses,” leading Kenya’s telecom Safaricom CEO Bob Collymore said at the company’s Annual General Meeting recently, adding that uncertainty over the new polls is having huge negative impact on business.

Related: Raila now threatens to prosecute Chebukati, top IEBC officials

Henry Wandera, an economics lecturer in Nairobi, noted that elections tend to cause fatigue as they slow down all the other sectors.

“From education to the economy and sports, nothing moves.

“Even people tend to marry less during electioneering period when tribal hatred rises,” he said.

However, he observed that while citizens may get tired, it is important that the country gets it right in the elections.

“Countries have plunged to war because of polls, so to me there is nothing alarming with what Kenya is facing now.

“The Supreme Court was right in its ruling.

“What Kenya needs to go after the next elections is to enforce electoral laws so that campaigns do not start early as it happened before the August 8 polls.”

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