Notice of Motion for Enjoinment in Election Petition No. 1 of 2017

Notice of Motion for Enjoinment in Election Petition No. 1 of 2017
On Friday 11th August 2017 the Chairman of the IEBC announced the Presidential results of the 2017 Presidential Elections. In a statement on 12th August 2017,

Statement on the just concluded 2017 Presidential Elections.The Chairman of IEBC and the Chief Returning Officer of…

Posted by Professor Michael Wainaina – PhD on Saturday, August 12, 2017

I accepted the results without qualification.

On Friday 18th August, Mr. Raila Odinga one of the Presidential candidates in the election, filed a petition challenging the election results as announced by the IEBC. He (Mr. Odinga) is listed in the petititon as the 1st Petitioner and Mr. Kalonzo Musyoka as the 2nd Petittioner. This is procedural, it is their right and the right thing to do. The IEBC, the IEBC Chairman and Mr. Uhuru Kenyatta, another of the Presidential candindates, are named in the petition as the 1st, 2nd and 3rd respondents respectively.

As a bonafide Independent Presidential Candidate in the election that is now the subject of the petition filed at the Supreme Court, I have moved to file a Notice of Motion to be enjoined in this case as intended respondent/amicus curiae.

Throughout my candidature, I have emphasized the non-negotiable role of the IEBC as the only and final arbiter on matters elections, not the candidates or their parties. I have emphatically reiterated, time after time, that the place of the IEBC as an independent commission must be defended, respected and protected, always. I still hold that position.

This does not mean that the Commission is infallible. It is however the place of the Supreme Court to hear any Petitions arising from a presidential election where the position of the IEBC is being challenged. Let us all support the Supreme Court as it arbitrates in the filed ELection Petition No. 1 of 2017. They are the Institution mandated to do so and I support the decision of the 1st and 2nd Petitioner to file their petition. In seeking to be enjoined in the petition, I take the position that he who alleges must prove. The Petitioners must then prove their case against the 1st and 2nd respondent and let the Supreme Court decide on the matter. Until overturned by the Court, the decision of the 1st and 2nd Respondent remains in force and I will reamain bound by it as stated in my statement of 12th August 2017.

Thank you.
Prof. Michael Wainaina, PhD.

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  1. Of course the burden of proof is with the petitioner. Nevetheless, the IEBC has absolutely no business being in office if it can not conduct itself in a manner that wins the confidence of most Kenyans. If they did their work well…why then do we have this endless argument? I still insist that if the win by Kenyatta was clean, we of the other position would have gladly welcomed it. It is not about tribe (I have such wonderful friends from these suspected tribes!). Something fishy went on there.

  2. You are seeking relevance and to waste the courts time. Of what value will your contribution make since you already stated that you are not aggrieved. Just join the jubilee brigade. This is not a matter to play around with.

  3. Mike,please read my views hereon. I have been a silent reader of your political opinions,scholarly articles and stuff. But now, I must comment. Prof. You’re an education human capital,you have worked your ass off to that level,good enough! There’s and has never been no peace of mind in politics. To say the least,there’s all manner of hypocrisy in it. To be a politician,you must bribe your way up and usually starts from bribing wananchi to vote you in. Unless you have chosen to divorce peace of mind for politics it’s upon you. Politics is just a dirty game as Sir Charles Njonjo once said. Good luck on your political journey to a no peace of mind destination or whatever you’re after.

  4. Professor is very intelligent..we are looking at a bleak future of anarchy and ours being a failed state, if we bastardise our constitutionally instituted scioning offices just because some greedy and myopic politicians did not win, and in their spite they are are hell bent in having their way by destroying the institutions that did not affirm them..This is tyranny
    There is a saying common among the west : if it ain’t broken, don’t fix it.
    Kudos Professor

  5. Yo Excellency to be, Prof., j told u, am unhappy with the trend tribalism is accumulating in my motherland. Kenyans voted along ethnic lines n now every tribe is claiming victory, depending on the side they voted for. J sincerely pose a question.. If not incitement, how would take the views of David Ndii, yo learned friend, although, he is talking of tribalism wave while indeed, u r for youthfynaisation, nasa not accepting defeat, nor accepting the courts verdict, what reflection do u read n support which? Do u support secessionists, revolutionists or evolutionists? Before answering, note, you r talking to the most literate, semi, n illiterate ppl in Kenya.

  6. I used to believe in your ideas and aspirations as a youth but no more no difference from any kikuyu leader.even a toddler knows election wasn’t fair and transparent

  7. Prof. I wish you remained independent in this. You do not deserve this mad. At this critical time however convincing your arguments may appear, if you appear to be supporting IEBC, those of us who were angling towards you, will start seeing uthamakiism in you. My advice, remove yourself from this and prepare for the next race.

  8. After going thro this comments i have noticed that Kenyans are an ignorant lot,this was a good move Prof.,i still be believe we don’t only vote to be on the winning side we are purposed for greater like changing our thinking and how we shape politics of a nation.

  9. What results did you get from your agents countrywide?
    As a presidential candidate you should be in a position to tell us authoritatively wat each candidate got from your tallying centre records, ama??

  10. I respected you wainaina but you’ve disappointed me if you can stand firm on your feet and shout “the election was free,fair and credible”!!. Sometime people like you make me hate education!! PhD but fikra ni zilezile tu za ujinga!! I didn’t expect this from you but one day you’ll learn from your mistakes!! Bye

  11. I applaud your move Prof Michael Wainaina. It is your constitutional right to do what you’ve done.
    Don’t listen to the negative, insulting and derogatory comments from misguided, backwards and obviously immature tribal bigots who are still under a mental slavery spell from their tribal chief or benefactor.
    I’m sure your input at the Supreme Court will be valuable and helpful.

  12. Are these not the same people you said”waliiba mbuzi yetu”and now you are coming out loud to support them???I think u have taking expired drinks…..Kindly check the expiry dates!!!!

  13. You are useless man after saying siasa ya ukabila, ukora na ufisadi…!! Now you are saying the concluded election was free fair and credible…. people are very shocked.

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