RUMINATIONS ON LEGAL REDRESS, A FAIT ACCOMPLI

The revelation by the Chairman of the ECK Mr Kivuitu is quite damning to the legitimacy of the election. Firstly, it just shows how incompetent him and his electoral commissioners are. Secondly, it also shows his lack of spine amid pressure. All signs were there that this was going to be closely fought eletions. All evidence was available that something was af oot with the results coming in, yet in the face of all this he chose the easy way out! He is just a COWARD! They are all COWARDS!

As I have stated previously, this insistence on challenging the results in court is just a ruse and it ignores the fact that we are dealing with an issue not of legality but legitimacy and justice. How can anyone expect the court to be fair when in Kivuitu states, "I arrived at State House to take the certificate and I found the Chief Justice there, ready to swear-in Kibaki." What can Kenyans expect from the court?

Hon Martha Karua also repeats the legal redress meme. If the government was bold enough to interfere with the tallying of votes. Just consider what the following;

1. Do we know where the Returning Officers of the disputed polling areas are. Is their security guaranteed? Will they be able to testify without intimidation and inteference? Remember the case sad case of DAVID MUNYAKEI. Is any of these people willing to risk their lives for the greater good of Kenyans.
2. Has the official ECK tally of votes been published in the Kenya Gazette or other media? Will it be interfered with? The longer this takes the greater the risk.
3. Have all the election materials been secured. Remember, in law, the petitioner has the burden of proving that the election was rigged. If the election materials have not been secured or tampered with then this would render the case moot.
4. Now that the Commonwealth Observers, European Union Observers, the Electoral Commissioners and many other have cast doubt on the election result, can Kenyans accept a court verdict that say the Election was proper?

Would politicians please spare us the legal mumbo jumbo and go right to resolving the political dispute at hand.