In the past few days there has been a change of tone from jubilee leaders and it is masked in anger and frustration maybe on the truth that will come out or be exposed in the next few weeks. Key words include:

We have the numbers, we can change the constitution…

Even if Raila becomes President we can impeach him in 3 months…

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Count the number of votes from the just nullified election… Why?

It started on the same day the Supreme Court declared the Presidential election null and void. In Burma market. We thought it was a campaign strategy but since then its everyday looking more and more like a Mahatma Gandhi style of ‘silent protest’  a deep anger that is only being suppressed with the hope that all will be well but you can still hear the grumbling beneath it all.

However justified the Supreme court decision was, I still blame Chief justice David Maraga for imposing such kind of reality on a third world country. He was right and it was justified but we started from the top on the highest platform ever in the world against the most powerful individual Kenyans know. A judgment so pronounced that it shook the world and made trash of everything the international observers thought they can shove down the Kenyans throat. They even made light note of it thinking its business as usual with sarcastic comments


“I didn’t see any dead voters”

“Accept and move on”

“The election was free and fair”

Now the international observers have been put in the dustbin and their credibility in any African country put to the test. Kenya is always first in a lot of things good and bad but being the first country to nullify a presidential election…not so good. This is like that bibilical ‘cup’ that Jesus Christ begged his father (Luke 22:42) to take away when all he could see was sure death before him.

It would have been easy and only fair IF the supreme court not only nullified the Presidential election but made a decision to nullify the whole process and Let ALL go back to the ballot then the situation would not be so grim for there are only three outcomes and none is to the benefit of Kenyan citizens as a whole. The results can only satisfy half (50%) given the political divide and knowing how emotional and engaged Kenyans are there won’t be a package that fits all.


1)      Uhuru Kenyatta wins ‘again’ His competitors (NASA) take to the streets in mass protest and/or demand for that new shout of secession. How will that be addressed? That kind of call is not a discussion for the Courts ‘Supreme’ or otherwise. It is a discussion for the wise and the United Nations (UN)

2)      Raila Odinga wins ‘again’ His competitors (Jubilee) have never known or experienced a loss of such magnitude and their reaction and response would be anything but ‘lie low’ like envelopes. I fear more about Uhuru Kenyatta’s supporters that I fear what Raila Odingas supporters would do. That is an uncharted territory in Kenyan history.

3)      Secession then, what next? How does this all come to be? Where do we start? Of course knowing the behavior of Raila Odingas supporters, Mass protests will supersede anything else but what it develops into thereafter is the worry of every Kenyan. To what extent and sacrifice will Kenyans have to witness before the two decide we can’t live together anymore  and yes, you can get your own country? This is not something one can imagine because unless these leaders consider  (option 4 which is not on anybody’s table) a shared government of national unity  then chances are:-

The International Criminal Court (ICC) and Fatou Bensouda will already have reserved rooms in the neighboring countries laying in wait to come calling. For who? That is a question only time can tell but by then there might not be a country to salvage this is why I say the Supreme Court was tasked in putting a bandage over a mortal wound but did not really solve the problem with its decision to ONLY have the Presidential election repeated! Did they delay the inevitable?

Raila Odingas last bullet or ‘risasi moja’ as Deputy President William Ruto so fondly called it during his campaign for Jubilee in the past few months has not only been wrongly underestimated but it has become a ‘boomerang’ that is more lethal than the bullet because it has proven to be reusable so there is no way of  knowing what he has in store next but one thing is certain that he will not go quietly into the night.

Kenyans need to start listening very keenly at what the politicians are saying openly but understand fully what the politicians are NOT saying and they need to prepare themselves on how to act when options 1, 2 and 3 come calling that is why it is important for the National Cohesion and Integration Commission (NCIC) that vets hate speech and incitement of citizens and theNational Security Intelligence Service  (NSIS) needs to grow teeth that bite  and seriously act on those heavyweights  it has in its sights right now  instead of going after and jailing local helpless and ignorant  ‘girls’ and unheard of bloggers before they make this country ungovernable. The NCIC and NSIS need to do more than police station ‘sideshows’  and Prosecute and jail these politician only then will there be caution going into this repeat presidential election.

There is no easy road ahead…but there are steps a country and a government can make and take to ensure the country doesn’t suffer because of two individuals over an institution that has never seen or experienced such a decision since its independence..The Presidency.

The Supreme Court decision is eons ahead of any Kenyan or African nation for any single individual to fully comprehend and  understand how to deal with it. That is what the Supreme Court put against Kenya and its citizens. Only God knows where all this will lead us and what the outcome will be. No Kenyan can honestly say he or she knows what is to follow.

Pray for Kenya.

By Kabaiku CJ

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