The Supreme Court Judgement – My response

In a split 4-2 majority decision, the Supreme Court issued a judgement that nullified and voided the 2017 Presidential Elections in which I contested as an Independent Presidential Candidate.
I respect the judgement of the Court. I hasten to note that my involvement in and analysis of the process in question compels me to respectfully concur with the minority dissenting opinion.
As for the order that directed the first respondent to organize and conduct a fresh presidential election within sixty days, I will await the direction of the IEBC that will define the framework within which these orders will be executed.
The decision has affirmed our democracy, rule of law and our institutions. Ultimately, the decision affords the people of Kenya another opportunity to restate who they want to be their President. As I have always insisted in this process, let the people decide!
Thanks you,
Professor Michael Wainaina – PhD

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358 comments

  1. Early this year I told you straight up you were a jubilee diversion tactics that will not work an agent of status quo and perpetrator of impunity with nothing to offer Kenyans and immediately after the election I was proved right and now the highly respected honest just man of God DK maraga just embarrassed you and your clique so

  2. The prefix in your name should be thoroughly investigated since you worth not even to be called a professor. Resulting to your tribal cocoon to defend mediocrity is just pathetic of you.

  3. If a whole professor could not see a statistical impossibility in the constant lead Uhuru had despite results streaming in from random regions then I am strating to wonder what kind of Ph. D programs we have nowadays.

    • Start with yourself on choosing Kenya over tribe.. You stink as tribal as your object of hate,where was algorithm even discussed in the ruling. It was about transmission…

    • Am addressing a professor believing his analytical skills go beyond the usual rhetoric.
      Secondly, my lack of support to Johnston Kamau’s son is purely based on his performance as president over the last four years. #IchooseKenya

  4. I almost believed you when you spoke of kutafuta mbuzi yako na wale waliikula. Kumbe you were just a pretender and part of waliokula mbuzi. You have reverted to default settings. Shindwe

  5. Prof. we know your president messed the economy but next time don’t enjoin in a case to hunt for a job especially when your sir name is PhD. What desperate measures will your Diploma and Undergraduate students adopt?

  6. Mr prof sir…..with due respect there is no word like “democrasy” in the online and other existing dictionaries what is there is “democracy” as it appears in this sentence “The decision has affirmed our democrasy, rule of law and our institutions.” or is it a word of your coining. For the first time i have corrected a professor ……

  7. Either our Universities are producing fake professor or this one is simply a River Road professor. Look at how he is struggling to look smart with those funny looking eye glasses.

  8. Meanwhile I’ll always take your posts with a pinch of salt. I thought you were independent in your thinking but when you sided with the first respondend, I saw uthamakiism in you. Convincing me again to support you is going to be a harculean task.

  9. You are a University Professor, right? Do you mark a proposal or do you mark a thesis? Can you as a professor critique a thesis before reading it? The majority decision of the supreme court is akin to a proposal which the court will defend by a reasoned judgement(thesis) and only then can the scales of dissent and concurrence be weighted to reach a fair and just evaluation of the court’s decision.

  10. You are a lier professor that can not condemn irregularities and illegalities.Given a chance , I will scrutinize your publications for fabrication, falsification and above all plagiarism. We need integrity in our institutions fake prof

  11. Funny that a whole Professor of Literature can’t spell the word DEMOCRACY correctly! Here you are trying to save face after banking on getting a job from Jubilee only to receive an “ACCESS DENIED” text!

  12. You had already conceded so there is no need to vie in the fresh election. I didn’t understand why you conceded yet you were the most affected. Most of your votes were deducted and added to the third responded for the figures to add up

  13. Exactly whose idea was it that you contest the presidency, I doubt if you even voted for yourself. I suggest as a literature professor you write poem on the analogy of Kenyans politics and mirror yourself against other contestants.

  14. it is not a surprise, any person who watched the case will agree that the election was poorly conducted, but being a kikuyu it is not a surprise, the forehead must point to the mountains

  15. Pro, your lawyer reasoning was pathetic,first you didn’t have agents in most polling station,then how did u know that election was free and fare,for those that have eyes will see Uthamaki inside u

  16. This is not your league! We careless about your sentiments, you had already conceded and as someone said apo juu, ngojea 2022 and try an MCA post which I highly doubt you will get… Bure kabisa…

  17. I wonder which literature you purport to teach when you can’t see the class and tribal politics. Why don’t you support the NASA cause just like your elite equals: Ngugi wa thiongo, Wole Soyinka etc. Use the theories you teach undergraduate students to have a better perception of politics and tribal alienations in Kenya. We become very much discouraged when academic elites lead people astray

  18. At first I never took you to be a joke! Little did I know that you were just a political broker masquerading as a serious presidential contender. Am now convinced at 95% confidence level that your assignment was just to concede defeat in order to send a message to the whole world that the elections were free, fair and credible. You must be smiling all the way to the bank as the will of people was being subverted.

  19. It appears you are so good in the specific field of study but just average on others.
    Court proceedings were live n any objective person would by all fairness expect what was pronounced. The connivance of iebc about access to servers, Muites childish answer on need for authenticity on documents and the other on where would one take 5 ballots after voting with only one plus others, You still call behave like you have reservations on the ruling.
    Typical tribal mainstreaming! But for supposed scholar.

  20. U like writing PhD, u lack natural wisdom idiot. U lacked any fact as to why u think elections were free, fair and credible. Ur submission had opinions not facts. And now u have the guts to write bullshit. U just wanted publicity, mburukenge, hata mwenye alikuita professor sasa hivi anajililia, there should be pro-empty- head prefix, because u can’t even explain why IEBC refused to allow accessibility on their servers. U are the goat u talked during ur child-like and petty participation during the debate. Nugu.

  21. Why then do you quickly run away from analysing your court ruling desenting opinion for us as you are font of doing in many topical issues. This shows the tribal bias in you.

  22. The judges upholding the petition have no reasons… They want 21 days so as to look for “evidence” that nasa brought with a lorry, this judges were bought or have guns to their heads.. Already justice ojwangs home is under siege… Why would 4 judges need 21 days to give reasons for their rulings…. Is it that they had no reasons when making the ruling? Hii ni koti bandia!

    • SIMPLIFIED VERSION OF MARAGA’S JUDGEMENT AND WHY CHILOBA AND CHEBUKATI SHOULD GO LIKE TODAY

      According to the Supreme on why the election was nullified, the CJ stated, “A decision is hereby issued that the elections held on August 8, were not conducted in accordance with the Constitution and the applicable law. The results are therefore invalid, null and void,” Chief justice David Maraga said.” Further, the ruling said, “Elections is not an event but an process. After considering the totality of the entire evidence, we are satisfied that the elections were not conducted in accordance to the dictates of the Constitution and the applicable principles.” This ruling can not be said as anything but sharp rebuke of IEBC and its Chairman. That was the body that messed up the process. The nullification had nothing to do with President Uhuru or the voter. The reason hy we do not have a president today who was elected on August 8, 2017 is the IEBC. The organization failed. It failed in its Ballot Paper tendering process and in the execution of the election process. Those are the facts. Under the circumstances, IEBC as currently constituted is terribly compromised. That is the lesson we can deduce from the Supreme Court ruling today. If you followed the case, IEBC failed even to honor the orders of Supreme Court as far as granting access to Servers. They came out with very silly arguments saying the Servers are in Europe and need for access protocals and all that crap. IEBC must have thought that the Supreme Court is either technically illiterate or that the Court could just ignore its own orders. For starter, configuring virtual private network is something that should not take two minutes if you have the IP Address of the server. Granting permissions to access the server should not even take two minutes. I know this because I do it all the time. Finally, claiming that the Europe is two hours behind is an insult to anyone who has basic understanding of how networks work, whether cloud based or not. Servers do NOT go to sleep because people go to sleep. That is why we expect Daily Nation and anyone who is serious about doing any business online to be have their system online 24/7. Reliability, Accessibility and Availability are key requirements of any type of Server. It was very unfortunate to hear IEBC’s Lawyers and those representing the President spew lies to the Supreme Court. I am very pleased to see CJ Magara followed up in his warning that the Court would be considering the actions of IEBC’s failure to grant access of the servers. In short, IEBC as it is currently constituted failed on its only job, to administer the elections. Challenging the current set of the IEBC has nothing to do with sensing defeat, it is the logical course of action given its failure in the just concluded election. You do not insist on a pilot who just wrecked an airplane you had boarded, to pilot the next airplane if you survived the last wreckage.

  23. A young and educated person like am really disappointed with u for supporting thos who have stolen from the public i remember on the debate day u scored but u have betrayed us

  24. According to the Supreme on why the election was nullified, the CJ stated, “A decision is hereby issued that the elections held on August 8, were not conducted in accordance with the Constitution and the applicable law. The results are therefore invalid, null and void,” Chief justice David Maraga said.” Further, the ruling said, “Elections is not an event but an process. After considering the totality of the entire evidence, we are satisfied that the elections were not conducted in accordance to the dictates of the Constitution and the applicable principles.” This ruling can not be said as anything but sharp rebuke of IEBC and its Chairman. That was the body that messed up the process. The nullification had nothing to do with President Uhuru or the voter. The reason why we do not have a president today who was elected on August 8, 2017 is the IEBC. The organization failed. It failed in its Ballot Paper tendering process and in the execution of the election process. Those are the facts. Under the circumstances, IEBC as currently constituted is terribly compromised. That is the lesson we can deduce from the Supreme Court ruling today. If you followed the case, IEBC failed even to honor the orders of Supreme Court as far as granting access to Servers. They came out with very silly arguments saying the Servers are in Europe and need for access protocals and all that crap. IEBC must have thought that the Supreme Court is either technically illiterate or that the Court could just ignore its own orders. For starter, configuring virtual private network is something that should not take two minutes if you have the IP Address of the server. Granting permissions to access the server should not even take two minutes. I know this because I do it all the time. Finally, claiming that the Europe is two hours behind is an insult to anyone who has basic understanding of how networks work, whether cloud based or not. Servers do NOT go to sleep because people go to sleep. That is why we expect Daily Nation and anyone who is serious about doing any business online to be have their system online 24/7. Reliability, Accessibility and Availability are key requirements of any type of Server. It was very unfortunate to hear IEBC’s Lawyers and those representing the President spew lies to the Supreme Court. I am very pleased to see CJ Magara followed up in his warning that the Court would be considering the actions of IEBC’s failure to grant access of the servers. In short, IEBC as it is currently constituted failed on its only job, to administer the elections. Challenging the current set of the IEBC has nothing to do with sensing defeat, it is the logical course of action given its failure in the just concluded election. You do not insist on a pilot who just wrecked an airplane you had boarded, to pilot the next airplane if you survived the last wreckage.

  25. Professor Michael Wainaina – PhD, In its landmark decision in 1856 in the famous case of Dred Scott v. Sandford, the American Supreme Court led by Justice Roger B. Taney decreed that a Negro (Black American) “had no rights which the white man was bound to respect”…….
    Similarly, on 1st September 2017, the Supreme Court of Kenya led by Chief Justice David Maraga decision on 2017 presidential petition implied that a voter’s vote will be declared null and void as long as it has not been transmitted properly technologically even though the vote is available physically!!
    Via Saitoti Torome

    • I didn’t read anything tribal in the statement. Is it because he is Kikuyu and happen to have different opinion from yours that your find it easy to label him a tribal?

  26. I thought you were a real Professor and used to admire your arguments on our democratization. Initially your arguments were leaning towards a just society with robust institutions of good governance and transparency.
    You tried to present a face of somebody with independent mind and condemning the current crop of political players as corrupt and tribally mind thus not able to transform Kenya positively.
    After the election of 2017 , your real character if exposed and you are worse than those you’ve been calling ugly names.
    According to you did IEBC do a clean, transparent and credible elections throughout the entire process.
    To me I don’t understand your position and stand based on you previous arguments and current position.
    I rest my case.

  27. Prof, you got enjoined in the case and your prayer was that the court upholds Uhuru’s election, therefore telling us that you don’t agree is not something we are surprised about.

  28. I realized you are amongst the few who with all the power you have to change the lives of citizens of these great nation….. You still think and act tribal, the judgement not withstanding , you said even before the court case that you were supporting Uhuru reelection, not because you believed he won but because of two things, you want an appointment or and because he’s your tribes man….period….

  29. stop reasoning like a clz 2 drop out,you quack professor. Always arguing tribalistic. A disgrace to the society. you will be haunted you fool!!! you were only looking for job Uhuru. You can’t even make it to vill

  30. stop reasoning like a clz 2 drop out,you quack professor. Always arguing tribalistic. A disgrace to the society. you will be haunted you fool!!! you were only looking for job Uhuru. You can’t even make it to village elder

  31. Professor Michael Wainaina – PhD.tunataka mbuzi yetu. You went and ate your dad’s mbuzi with the thieves. Your dad must be sadly watching over you.
    Not unless the narration you gave during the presidential debates was a cooked one.meaning you learnt no lesson at all from your dad.

  32. It is every kenyan right to demonstrate his/her crazy views and for those who are mature come together embrace and move on for the better of the country. This is indeed Demo-crazy. Prof. you might be right or wrong, your opinion counts. We can move away from tribal cocoon.

  33. The New Narrative you kept telling us… SHAME ON YOU… You stand for NOTHING… Just join Jubilee… You made many of us begin to have a deep believe that we still have SOBER People… What was unique in the dissenting opinion of Njoki Ndugu.. Infact she wanted time sitting in the bench.. We know her decision LOOOOOOOOONG before the ruling.. Same to Jackson whose Wife is Senior in Jubilee Government… You are the GREATEST Disappoinment TO THE YOUNG PEOPLE IN THIS COUNTRY.

  34. People’s decision is only meaningful when no kind of manipulation, fraud, deceit,connivance and all sorts of corruption is done to get a premeditated electoral outcome!

  35. i used to read yur articals through social media with awe and respect for yur truely and tribeless analysis of jubilee vs Cord/NASA Siasa….thought maybe 2017 change kenyan reborn.
    yu see, i got no superlative to describe yu..PHD???
    Nenda ukalime bwana.
    An election where yu witnessed irregularities; publicly declaring Uhuru won free and fair?
    yur are an embarrassment to academicians.

  36. But Prof why did the judges throw away an election that was hailed by all international observers? OK Tell me could it be a personal feud brtwn the executive and and judiciary where I remember Uhuru warning them that he respect them but does not fear them hence, they are hitting back? Or, the failure of iebc not fully complying with the read only orders issued by the court irked the judges, if so what were’ the iebc hiding? Beside, what explanation do iebc have on different form 34 b or 34a security features some with water marks others without what does it insinuate? Yet they were done by the same printer? Others without serial no. Why? Lawyers were were arguing with confidence that forms 34a & 34b will vindicate them only to find that the forms had defects but why? Why why prof?

  37. My Professor
    I have all along supported you but you erred by supporting the incumbent in your submissions during this petition .
    You have erred yet again by supporting the descenting judges.
    You fail to understand that this descision goes beyond the current state of affairs.
    It is a hallmark decision whose footprints should be replicated in all other independent institutions and arms of the government.
    The incubent government has watered down the independence of our institutions but we felt some fresh breath!
    The truth is that there were acts of omission and commission that were perpetuated by IEBC that were they not nipped on the bud could have ended up tearing our country to pieces in the future.
    My Professor, Remove the cobwebs from your eyes and look at the bigger picture

  38. I thought you are real professor, your argument coined in tribal shell. You don’t even sound as if you were a presidential candidate in same election. Your cry has been heard, wait for appointment should Uhuru win.

  39. Plz mr go and context MCA post first before embarking in this journey.am onlu qurstioning ur sober mindedness.thou congratulations for gaining popularity by being hypocritic to ur followers in media and clinging urself to people who milk us dry by seeing that server is in europe, a rotten lie that even a class pupil from central cannot admit.

  40. Before 8th last month, I thought you were a leader who could save us from the hands of Moi orphans kumbe I was wrong you were a tumbocrat who was thirsty for power and a share of the meat. Even if you vie this time you’ll get zero votes. Shame on you uthamaki slave

  41. Haha! All the insults and bitter words will help none and nothing at all. I will choose to remain smiling. However, I believe all of us do have a dimension from which we’re viewing the things unfolding. Prof does too. Again we are entitled to opinions. Prof is expressing his. Furthermore, he was involved in the analysis in whichever way. So hate him or like him, he is truthful to his view and opinion. Prof you’re a hero and so you will remain. I know you’re not after any post from anyone. One day your vision to Kenya and Kenyans shall fruit……………..doesn’t matter who completes the mission but you’re the pioneer.

  42. My friend Prof. Wainaina is headed back to the Uthamaki that he has always lambasted. Why is Wainaina completely unable to acknowledge that there were very glaring irregularities in the process?

  43. Proff am aghast that you did not find it curious that the iebc wiggled writhed and twisted in defiance of a court order ,instructing them to avail the contents of the servers for scrutiny…with all your cognitive abilities ,are u saying u didnt smell a big dead rodent in their conduct…come on proff…

  44. Be good to yourself bro.Niko na swali moja kwako..Ulipata kura ngapi in the whole republic??????You are a nobody in kenyan politics mr.wainaina take it or leave it…

  45. Voter Turn Out in NASA stronghold
    *****
    Coast – 64%
    Ukambani – 77%
    Western – 75%
    *********
    During Repeat election, turn out will fall as follows
    Coast – 55%
    Ukambani – 60%
    Western – 58%
    *************
    Given the number of registered voters and the expected turn out, raila will get a total of about 2,363,000 votes in the 3 regions (Coast, Ukambani, Western) if he maintains similar percentages as at 8/8/2017.
    ******
    The anger in central Kenya will push the voter turn out from 85% to 90% .
    90% of 2,912,000 registered in CENTRAL KENYA ( 5 counties), is 2,620,000. Giving raila at least 3% and Uhuru will have 2.5 million.
    *******
    So, central Kenya alone neutralises Coast, Ukambani and Western Kenya na bado tunabaki na balance
    70% + 1 is a reality.
    ******
    It is common sense that voter turn out will be dropping in nasa stronghold by over 15% except in Luo Nyanza.
    Most of them knows for sure raila lost and that he has no chance. They will have no motivation to come out in large numbers.
    They can already see the number of elected leaders in Jubilee is overwhelming and that both speakers and majority leaders are Jubilee. Again, these areas traditionally records low turn out.
    #70%+1 IS REAL
    #UhuruTanoTena

  46. I heard him talk goat eating storos in reference to government eating people. I yit he was to be the saviour Kenyans want. Now he turns around to support the thieve, I can only believe the prof is not himself but son of a slave called Hagar in the bible. We are sons of freedom boy stop sycophancy and be yourself or better still stop being a tribal.

  47. Wewe endelea kutafuta mbuzi na mwenye aliiba. You got only 10k votes meaning you had agents in a quarter of the total number of polling stations, am assuming only your agents voted for you, if at all you had any. So, based on what are you arguing that elections were free and fair? How do you know? Or because your fellow #Uthamaki won??

  48. Prof am one of the few disciples who were singing the anti-ugly and the anti-bad tune that you so vehemently led before the elections but now, you seem to be aligning yourself with one of the two! What happened prof? You are slowly but surely losing the credibility you once had as a voice of reason in a tribal council…

  49. My LORD whant to end politics in this land of #milk_honey_and_meat, he will remove this presidential type of system, a king will lead this land, he will strike a particular politician to end politics, my LORD never ran he always come at the right time and Kenya will lead the entire universe including terrorists to say peace, #NATUKAE_NA_UNDUGU_AMANI_NA_UHURU, this time my LORD will do something different that the world didn’t expect

  50. All I had loathed about you pipo, prof PLO lumumba and prof wainaina has gone down the drain, so phd holders can have impunity as well. PLO talks of deminimis de curta lex yani small mistakes have got no cure and says no where in the world has a presidential election has ever been challenged in a court of law. You said you support the D in the supreme Court, now whatever is happening now in the house of iebc can you tell me as a prof phds and proof your argument.

  51. You have very little morals, your education doesn’t add up to your integrity. You purport to be youthful and new in agenda but you ascribe to the old doctrine of tribal inclination. If you can’t agree with displayed evidence in court, the magnitude of it brought in by the same IEBC just because it is against your kin, surely, who are you if not the same tribal chiefs? You are BURE in the NEW KENYA we want.

  52. Which part of the “Process” do you have a beef with, Prof.: the citizen identification(birth certificate, IDs,Passports), the Voter Registration, the voter identification, the voting, the transmission, the tallying, or the announcement? And,why did they ask for certain components to be repeated and not others? Moving forward, how do we even know the Elections won’t be nullified again “because the Process wasn’t re-done in its entirety”?
    Or, maybe it’s the winner you are uncomfortable with?

  53. You must start removing yourself from the Uthamaki tag, Otherwise it’ll not be easy for you to convince us to believe your ideals. Initially you had started well as a balanced nonpartisan analyst but the moment you conceded so fast, you left many of us wondering why a whole Professor should rush to concede​ even when the process appeared questionable.

  54. The claimed voice of reason- you, seem to believe in the wrong narative being peddled by your ilk “that the will of ‘kenyans’ have been subverted by four people”. That is lawless behavour!?

  55. The mannerisms and demeanour of your lawyer Harrison at the supreme court said it all. He was aggressive in dismissing the petition than lawyers of 1st, 2nd and 3rd respondents.

  56. Am still wondering why you vied only to come and support uthamaki kingdom. I have always thought that you are different and independent but instead you are the worst than the rest.

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