Supreme Court Upholds Kenyan Election

Saturday in Kenya, the Supreme Court of the country, upheld the results of the March 4, 2013 elections.

Kenyatta had received 50.07 % of the vote, winning the election and narrowly avoiding a run-off with his rival, Raila Odinga. Odinga contested the validity of the election process and results in court.

Chief Justice Willy Mutunga said the court had agreed unanimously that the election had been conducted "in compliance with the constitution and the law" and the result was valid.

The following is the court order:

REPUBLIC OF KENYA
IN THE SUPREME COURT OF KENYA AT NAIROBI
(Coram: Mutunga CJ, Tunoi, Ibrahim, Ojwang, Wanjala, Njoki SCJJ)
PETITION NO. 5 OF 2013
RAILA ODINGA …………………………………………1ST PETITIONER
MOSES KIARIE KURIA)
DENIS NJUE ITUMBI)…………………………………….2ND PETITIONER
FLORENCE JEMATIAH SERGON )
GLADWELL WATHONI OTIENO )
ZAHID RAJAN )…………………………………………3RD PETITIONER
AND
INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION ………….1ST RESPONDENT
AHMED ISSACK HASSAN …………………………………..2ND RESPONDENT
UHURU KENYATTA ……………………………………….3RD RESPONDENT
WILLIAM SAMOEI RUTO …………………………………..4TH RESPONDENT
AS CONSOLIDATED WITH PETITION NO. 3 OF 2013
MOSES KIARIE KURIA ……………………………………1ST PETITIONER
DENIS NJUE ITUMBI …………………………………….2ND PETITIONER
FLORENCE JEMATIAH SERGON ………………………………3RD PETITIONER
VERSUS
AHMED ISSACK HASSAN …………………………………..2ND RESPONDENT
INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION ………….1ST RESPONDENT
AND
CONSOLIDATED WITH PETITION NO.4 OF 2013
GLADWELL WATHONI OTIENO ……………………………….1ST PETITIONER
ZAHID RAJAN ………………………………………….2ND PETITIONER
VERSUS
AHMED ISSACK HASSAN …………………………………..2ND RESPONDENT
UHURU KENYATTA ……………………………………….3RD RESPONDENT
WILLIAM SAMOEI RUTO …………………………………..4TH RESPONDENT
ORDER OF THE COURT
1. After extensive deliberations, we are happy to announce the Supreme Court has reached a unanimous decision on all the four issues that fell for determination in presidential election Petition No. 3, 4 and 5 as consolidated.
2. The following is the unanimous decision of the court:
(i) As to whether the presidential election held on March 4th 2013, was conducted in a free, fair, transparent and credible manner, in compliance with the provisions of the Constitution and all relevant provisions of the law; it is the decision of the court that the said elections were indeed conducted in compliance with the Constitution and the law.
(ii) As to whether the 3rd and 4th Respondents were validly elected and declared as President elect and Deputy President elect of the Republic of Kenya respectively, by the Second Respondent in the presidential elections held on the 4th March 2013; it is the decision of the court that the 3rd and 4th respondents were validly elected.
(iii) As to whether the rejected votes ought to have been included in determining the final tally of votes in favour of each of the
Presidential candidate by the 2nd Respondent; it is the decision of the court that such rejected votes ought not to have been included in calculating the final tallies in favour of each presidential candidate.
(iv) As to what consequential declarations, orders and reliefs, that this honourable court ought to grant based on the above determinations, the following are the orders of the Court:
a. Petition No.5 of the consolidated petitions is hereby dismissed.
b. Petition No. 4 of the consolidated petitions is hereby dismissed.
c. As to Petition No. 3 of the consolidated petitions, the prayer by the Petitioners seeking a declaration of recomputation of percentages by the 2nd Respondent is declined as the court as no jurisdiction.
d. Regarding orders as to costs, the Court orders that each party bears his/her/it’s own costs.
3. The detailed judgement containing the reasons for decision of the Court will be issued within two weeks from today.
4. Orders accordingly.
DATED and DELIVERED at NAIROBI this 30th March, 2013.
…………………………………………………
W.M. MUTUNGA P.K. TUNOI
CHIEF JUSTICE & PRESIDENT JUSTICE OF THE SUPREME COURT
OF THE SUPREME COURT
…………………………………………………
M.K. IBRAHIM J.B. OJWANG
JUSTICE OF THE SUPREME COURT JUSTICE OF THE SUPREME COURT
…………………………………………………
S.C. WANJALA N.S. NDUNGU
JUSTICE OF THE SUPREME COURT JUSTICE OF THE SUPREME COURT
I certify that this is a true
Copy of the original
REGISTRAR
SUPREME COURT OF KENYA

In responding to the court's decision, Raila Odinga said though he didn't agree with the decision, he would abide by it.  President-Elect Uhuru said that the order was a victory for all Kenyans who turned up to cast their votes on March 4, 2013.  He pledged that his government would work with, and serve, all Kenyans without regard to political affiliation or discrimination.

God bless Kenya.

Happy Easter Weekend to you all.

Vancouver South African Film Festival 2013

I'm fascinated by the story of First People's around the world. As an adult, I've made it a point to learn as much as possible about the First People's of particular countries where I've travelled.  I've been astounded to see so many similarities in cultures and beliefs despite the obvious differences of land, language and food.

About a year ago I attended the local Vancouver South African Film Festival (VSAFF). The VSAFF is in it's 3rd year here in Vancouver. On April 13 and 14th, it will present features and documentaries that explore the culture, history and politics of South Africa. The proceeds of VSAFF go to Education Without Borders, a Canadian organization which provides educational opportunities in disadvantaged areas of the world. Currently EWB is focussing on the township of Gugulethu, South Africa.

So at this point you might be asking yourself what is the connection between First Peoples and the VSAFF? This year one of the VSAFF films is "Tracks Across Sand", a film about the ‡ Khomani San, a people who were forced from their lands, pushed into poverty and denied even the most basic right to speak their languages. Sounds like a story familiar to many indigenous people around the world, including here in Canada.

"Tracks Across Sand" brings together the story of the African bushman in South Africa, their struggles and their ultimate successful claim. The film also returns to see how the people are making out 10 years after their settlement.  The film was made over a 12 year period by anthropologist, writer and filmmaker, Hugh Brody. My first and only introduction to Hugh Brody's work, was through his book, Maps and Dreams, a fascinating book about the hunting and land use maps of the Dunne-Za and Cree people of northern BC.



Here is a short trailer of the film.

There are also numerous other interesting looking films being presented by the VSAFF this year. I'm hoping to take in one or two. If you are in the area, check out the roster of films. Maybe you'd like to take one in also.