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VIDEO: Raila did not withdraw from Oct 26th Presidential election – Supreme Court



The Supreme Court on Monday ruled that Nasa candidate Raila Odinga did not formally withdraw from the election but only declared his intention to do so.

The judges said Nasa and Mr Odinga did not fill in the requisite forms to officially pull out of the election, nor did they communicate the same to the IEBC as required by the electoral law.

Watch Justice Wanjala here:

And even if Mr Odinga withdrew from the election, the move would not have necessitated a cancellation of the poll, the judges added.

When reading the judgment, Justice Smokin Wanjala said the validity of an election cannot be challenged on the basis of whether the election was held in all the 290 constituencies.

This was in response to the question on whether failure to hold elections in all constituencies would void the poll.

The apex court was explaining why it dismissed two election petitions challenging the October 26 repeat election.


According to the six judges, there were nine issues for consideration from the two consolidated petitions.

One issue was whether the petitioners had the right to challenge the outcome and whether the case was a public interest litigation.

In a decision read by Justice Isaac Lenaola, the judges ruled that the petitioners had the right to sue.

They said any Kenyan is free to challenge the presidential poll.

The court also ruled that there was no need for fresh nominations for the repeat presidential election after the first poll was voided.

On September 1, the Supreme Court had annulled President Uhuru Kenyatta’s win in the August 8 election.


Justice Lenaola also said the inclusion of Mr Cyrus Jirongo in the poll was okay because the Independent Electoral and Boundaries Commission was guided by the law and court decisions.

“We therefore find no fault on the part of the commission to include Mr Jirongo in the repeat poll because they were guided by the court,” he said.

The judges also said the IEBC was guided by a court order in including all the parties in the repeat poll. All the presidential candidates in the August 8 election were included in the ballot in the repeat election.



The judges said they were not intimidated by President Uhuru Kenyatta’s statements that were made after they annulled the August 8 election.

The court also dismissed the claim that the Jubilee Women’s Brigade intimidated people by wearing military-style clothes during campaigns.

On claims of irregularities, Justice JB Ojwang said the petitioners made general allegations without proving the claims.

He said the IEBC cannot be faulted for shifting some polling stations in Kibra and Mombasa because, as they noted, there was violence in some parts of the country that made it impossible to hold the poll in some areas.

All claims of irregularities have been effectively rebutted by the respondents, the judge said.

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Miguna Miguna, Dallas-Based Promoter Clash over ‘Stolen’ $20,000 Raised During His US Tour



National Resistance Movement self-declared general Miguna Miguna is accusing a group of Kenyan promoters based in Dallas, Texas of stealing $20,000  from him during his tour to popularize NRM in the US city.

Miguna toured Dallas on March 10th, where he held meetings with Kenyan diaspora community and wooed them to support his NRM agenda.

His visit was organized by a Kenyan promoter, Steve Aseno, who among others; booked the meeting hall and arranged for Miguna’s flight.

The former Nairobi gubernatorial aspirant delivered a speech to his followers in Dallas, which was followed by a fundraiser to raise cash to help him foot legal bills and fix the damaged doors, which were broken by police during his arrest at his Runda home.

Miguna now claims that Aseno swindled $20,000 raised from the Dallas meeting. He said the Kenyan promoter declined to give him the whole amount donated during the fund drive.

Aseno has denied the claims, stating that he even suffered a loss of more than $1,000 from the event.

The promoter said the event flopped after Miguna launched attacks on National Super Alliance (Nasa) leader Raila Odinga over his unity pact with President Kenyatta, days before coming to Dallas.

Aseno said that several of Odinga’s supporters who had confirmed their attendance pulled out after Miguna’s attack on Odinga. Only 114 guests attended. Guests were charged $20 to enter the hall, $10 to take a photo with Miguna and $50 for an unframed photo of Raila.

“Because of Miguna running his mouth, he did not sell a single portrait and the donations became very few to the extent that most supplied had to take a cut for the sake of Miguna,” Aseno stated.

Miguna received $1,195 from the fundraiser and Sh$150 from the photos. Aseno has challenged Miguna to “use logic and explain where the figure of $20,000 came from.”

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Meet the Harvard trained lawyer who said No to Uhuru’s ambassadorial appointment



He is perhaps one of the best constitutional lawyers Kenya has ever had. Meet former Mandera Central MP Abdikadir Mohamed; Smart, articulate and well read.

This is President Uhuru Kenyatta’s advisor who turned down an ambassadorial appointment, it is now emerging. Kenyatta’s Constitutional and Legal Affairs advisor politely declined to take up his new posting as Kenya’s ambassador to South Korea.

He had been nominated by the President on February 13 including Attorney General Kihara Kariuki, Solicitor General Ken Ogeto and re-designation of Njee Muturi as deputy Chief of Staff. While Mr Njee took office immediately, Mr Ogeto’s name was sent to Parliament for vetting and has since been approved.

Justice Kariuki, new ambassadorial nominees, among them the one to replace Abdikadir’s are due for vetting by Parliament. Dedication to service “He courteously declined the position on personal grounds. It was a painful decision especially knowing his dedication to service of his country and the immense respect he has for the presidency,” a friend of his told Sunday Standard.

It is understood that the personal grounds which have since been accepted by the President include concern for his young family – with children at delicate stages of their life, career mismatch fears and his passion for private sector. “He also felt his expertise would be less suited or needed in that particular posting and that there were more suitable Kenyans to execute the task at hand,” the source added. In 2013 and at young age, Abdikadir became the first MP to announce retirement from politics after serving only one term.

At the time, and although clan politics in Mandera are said to have influenced his decision, he said politics was choking his soul. He served as legal advisor to retired President Kibaki in the transition period before he was fully adopted by President Kenyatta when he was sworn into office in 2013.

Together with Isaac Awuondo, he chaired the taskforce on parastatal reforms whose report is yet to be implemented. During his term in the 11th Parliament, the Harvard trained lawyer served as the chair of the Parliament Select Committee on the Constitution which birthed the 2010 constitution.

He is credited for being the only politician who has ever defeated Deputy President William Ruto in a contest after he walloped him in the PSC election. At the time, Ruto had been fronted by Raila Odinga’s ODM to chair the make-or- break committee while Abdikadir, a Safina MP, was fronted by President Kibaki’s PNU.

Moderates from both sides of the divided closed ranks to elect him on account of his freshness and affability. “I am afraid I cannot comment on the matter of my nomination suffice to say I am most grateful to His Excellency for the trust he has bestowed on me now and in the past,” the ex-MP told the Sunday Standard. He joins a list of Kenyans who have in the past rejected presidential appointments or redeployment.

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Kenyan Diaspora mother and two kids who died in suspicious house fire buried



A Kenyan mother and her two children who perished after their house caught fire under mysterious circumstances in Canberra, Australia, last month were laid to rest on Friday in an emotional sendoff.

The remains of 45-year-old Anne Wachera Muhoro, her son Ezvin (8) and her daughter Furaha (5) were retrieved by firefighters from their house in Bonner on February 19th, after a house fire police say was deliberately lit.

Ezvin and Furaha were fare-welled alongside their mother in a private burial ceremony held at the Norwood Park Crematorium in Gungahlin on Friday morning. The funeral was attended by family and members of the local community.

Ms Muhoro’s estranged husband, who declined to be named, described his two kids as “playful” and “cheerful”, if not a little bit shy.

“Ezvin travelled around the world in 2012. He liked Hong Kong, Singapore and Malaysia. He said he always wanted to go back there.”

It [ceremony] was nice but memories are so strong, They will be greatly missed,” he said.

Some of the family members attending the funeral traveled all the way from Kenya.

Police are still investigating the circumstances surrounding the death of the three and are waiting for results of autopsy and other tests carried on their remains.

Detectives handling the case have appealed to anyone with information that might help in the investigations to come forward. Police said a camera footage taken from the estate between midnight of Sunday, February 18th and 8.45 am Monday, could be of great help.

Ms Muhoro had been working as a software engineer in Canberra and was set to attend a child custody hearing on the day of her death at the Family Court, but failed to show up.

Her estranged husband had moved to court seeking custody of their children. One suspect was apprehended the day after the fire, but was later released.

In 2011, a man identified as George Munene filed an online petition on a website ( against Ms Muhoro, accusing her of denying him a 50/50 child custody of their son, Ezvin Munene Mugera.

“Custody battles are rife and allegations of domestic violence have been misused (by a few women) to gain an upper hand in custody and property settlement battles,” George said in the brief petition.

He further lamented about losing his AUD0.6 million (Sh47.7 million) house to Ms Anne Wachera Muhoro.

At the Funeral Friday, friends expressed their deep desire for answers to the many questions left in the wake of the tragedy.

Ms Muhoro’s best friend, Edith Miuruka, paid tribute to her as a good Christian and a skilled migrant with an “enviable career” in software engineering.

Ms Miuruka expressed her deep grief and confusion over the death.

“There was no sign that our planned lunch would never be,” she said.

There are still many unanswered questions surrounding the Bonner house fire: police have not identified a cause, nor have they ruled out the three were already dead when the fire was set.

Ms Miuruka said her friend had weathered many “tough seasons” as a migrant in Canberra, but that she had said 2018 would be a good year.

“People may not know the true story … may divine intervention intervene to reveal Anne’s true story,” she said.

Police stand near their car while a house damaged by fire is obstructed by screens.

Ms Muhoro’s youngest brother, Peter, said when thinking about the deaths of a five-year-old and an eight-year-old, “you ask a lot of questions”.

“But you know, they had a great life, they had a joyous life,” he said.

Community desperate for answers

The unanswered questions also hung heavy in the speeches from community and church leaders.

Godfrey Munthomi, president of the East African Community Association, expressed thanks to emergency services workers who discovered the Kenyan family.

“We are grateful, as you try to unravel what may or may not have happened. No pressure,” he said.

Mourners sung in Swahili as the coffins were carried out

The High Commissioner to Kenya also spoke on behalf of the community, and offered the Kenyan Government’s condolences.

“As a community we learned with great shock … and in circumstances we are struggling to come to terms with,” Isaiah Kabira said.

“In God we trust that one day all shall be revealed to us.”

Chaplain Richard Bevan said as a church leader he was often asked “Why?” at a time of death.

Reflecting upon the three deaths, Mr Bevan said he asked himself the same question.

“One thing I am absolutely sure of was this was not God’s will,” he said.

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