When Chief Justice David Maraga on September 1 read the order of the majority four judges of the Supreme Court nullifying President Uhuru Kenyatta’s election victory, he read a churchy statement as prologue. “The greatness of a nation lies in its fidelity to its Constitution and strict adherence to the rule of law, and above all the fear of God,” he said.

In the judgment delivered on Wednesday, Justice Maraga and the majority judges despoiled the Constitution, declared that the rule of three men and a woman is far superior to the rule of law, and joined a long list of human beings, starting with Adam and Eve, who openly defied God.

Justice Maraga’s high-sounding calling was unmasked by the court’s judgment to be nothing more than a fanciful embroidery of rhetoric. Happily, the judgment brought to an end the Maraga Court’s priestly pretentions to holiness and constitutional fidelity.

The judgment was a political edict firmly grounded on a philosophy that the end in giving Mr  Raila Odinga a second chance to win the presidency justifies the means deployed by the court to deny President Uhuru Kenyatta victory.



The judgment was a gratuitous judicial attempt to give purpose and meaning to Mr Odinga’s personal peregrinations.

To the court’s credit, the judgment makes no pretence that it was grounded on any known notion of the law. It is brimming with palpable deficiencies and obvious inconsistencies, is doctrinally incoherent, inelegant and insufficiently reasoned, and is defined by a disconcerting, undisciplined, and cavalier approach.

The court heavily relied on questionable presumptions. The judgment was an exercise in judicial populism designed by the four judges to form the foundation of an ambitious judicial empire building enterprise.

The judgment has a false façade of legality and its legal reasoning is so scant that it could not fill a peanut shell. Kenyans can see that the judgment is so political and the legal phrases peppered over it so unconvincing, that the court’s attempt to hide the elephant in a mouse hole is a scene to behold!

The law applicable to election disputes is universal. Our courts subscribe to that approach. For any court to nullify an election, the petitioner must show the court that the irregularities he complains of affect the result.



The test is simple and objective. It is a simple, mathematical approach. It rules out the subjective test that makes the judge rule on his emotions or political beliefs.

In this case, Mr Odinga’s case was cut for him. He was to show the court that the irregularities he complained of would lead to deductions of over 1.4 million from Mr Kenyatta’s numbers and a further addition to his numbers would show he was the winner. Remember in the 2013 presidential petition, Mr Odinga’s task was much easier; he was tasked to show how a mere 7,000 votes should be deducted from Mr Kenyatta’s numbers, so the court could order a re-run between the two candidates.

In 2013 he failed to satisfy the court with such a paltry figure. In 2017, according to Justice Maraga, Mr Odinga has satisfied the court. How? Very simple. Justice Maraga and his colleagues in the court changed the test from a legal one into a political one and ruled that Mr Odinga passed the test with flying colours.

In the process, Justice Maraga and the court inaugurated a hitherto unknown test, which states that garnering the highest votes alone can’t win you an election.



In order to justify the decision by the court to nullify President Kenyatta’s win, the court inaugurated a political test, wrapped in a jiggery-pokery reading of the law.

It states that process of election is as important as the votes a candidate gets. The scope of the “process test” is unknown. No court anywhere in the world had applied such a subjective, fluid, and fragile test to nullify an election.

The process test means that the court has a marking scheme that tests and grades every stage of the election process, right from voter registration to result declaration.

For instance, if the rallies are peaceful, rowdy or violent, the court will grade the candidates accordingly.

The hours polling stations open will also be graded. The transmission of results will be graded too. The long lines of voters are important issues. Instructing your agents or bribing a returning officer not to sign forms is enough to invalidate an election under the process test.

The question the court did not answer is; since the process test can invalidate an election, can a perfect process win an election for a candidate who got the least votes? The court’s judgment is too radical. It takes the say to elect our leaders from ordinary Kenyans and bestows it on the court. It poses a threat to our constitutional democracy.



Mr Odinga never brings legal grievance to the courts. He didn’t in 2013. He didn’t in 2017. Mr Odinga always brings to court a sorrowful bundle of personal grievance informed by the zeal to have his way.

This is further enveloped by a sense of entitlement to be president and four times of near-misses. Mr Odinga doesn’t litigate on facts or empirical evidence. He litigates on his fears, hope and state of mind.

He has loyal and vociferous groups of myth makers in civil society who credit him with all historic milestones in Kenya and make excuses for all his failures.

His complaints before the court were an omnibus full of fiction and wild fantasies. He alleged that computer systems at IEBC were captured and manipulated.

He brought a laughable algorithm formula, which according to him showed how his victory was stolen. He alleged that over 500,000 voters just voted for the president alone.

He alleged that fake polling stations were created and manned by fake returning officers. All these allegations were false, and he knew it. The court found them false.



History will heap all praise and blame for the judgment ultimately on Justice Maraga. By changing the law, and in overruling tens of the court’s past decisions, to give Mr Odinga a second chance and consciously align the court’s judgment with the political aspiration of a single individual, Justice Maraga in the process wrecked the institutional legitimacy of the Supreme Court. Further, he loudly announced to Kenyans that the era of innocence and neutrality of the court is over.

From now on, the court will no longer, and rightly so, be seen as an honest neutral arbiter of political disputes in the nature of a presidential election.

 It will be seen as a court where judges will decide cases according to their personal political preferences. It will be seen as a court with a political agenda, which will not allow certain candidates to win an election.

No doubt, Justice Maraga will be idolised and immortalised in the folklore of Mr Odinga’s supporters. He will bask in the glory of nullifying a presidential election in an African country.

But his gains are the losses of the Supreme Court of Kenya. At a time when great judicial statesmanship was required to shield and protect the court, Justice Maraga was carried away by the excitement of the moment and in palpable excitement threw the court to the political wolves, whom he invited to feast on the flesh and soul of the court.

Column by Ahmednassir Abdullahi



A victory ceremony for a successful candidate in Nyanza ended in chaos in June 2008 after a rowdy section of the gathering with the presiding priest who thanked God in his opening remarks for the victory of the lost.

The agitated mob complained that the priest was giving credit where it was not due. According to them, the candidate had won elections not by the grace of God, but because of “Agwambo” They demanded, therefore, that the priest thank “Agwambo” in the prayers instead of God almighty threatening to beat up the priest and to disrupt the ceremony if their directive was not complied with.

Such is the state of affairs in some parts of the Luoland today that in spite of the proliferation of churches in the region there is frightening decline in religious practice in the region as well as ignorance of religious culture and relativism among the younger generation because of the rituals and who believe not in God but in the forces of darkness and the worship of Baal.

Matters have not been helped by some Luo priests and religious heads who are demanding today that the faithful to qualify for sacrament, baptism of their children or requiem mass for the repose of their souls upon death, they must be supporters of the dominant political class which does not believe in Christianity and Christian names which go with it.

Consequently, nowhere in the country todays is the image of the church more damaged than in Luoland where numerous faithful are already opting to quit in disgust leaving behind a church of that resembles a boat which is leaking in water on every side and which is on the verge of sinking.

By inadvertently shifting their allegiance from God to the section of unbelieving political class, leading priests in Luoland have taken after the jews of Jesus’ time who cheered criminals while mocking those of integrity among them.

As the church of Christ loses grip in Luoland, the political leadership through the worship of Baal has increasingly turned to the world of abracadabra to maintain its stranglehold on the helpless community.

After the general elections in 2002, a 68 year old man called Christianus Tobias Ogutu Ongara from kanyamwa in Ndhiwa constituency, Homa Bay County, confessed before church officials led by Bishop John OKinda of Migori worship centre that he had assisted most Luo members of parliament to win their seats through magical powers. He told a bewildered congregation that he assisted some Luo MPs to win their seats through witchcraft adding that “most of them went to parliament through the magical powers.”

Ongara, who gave his life to Jesus that day, before Bishop Okinda, surrendered his paraphernalia which included a tortoise shell, humanlimbs, dries malegenitals and dried leaves all of which were later doused in petrol and set ablaze in the church compound.

The old man said he got human limbs and male genitals from mortuary attendants adding that it was an easy job “since families of deceased often fear dead bodies and delegate the job of dressing them to mortuary attendants.

Bishop Okinda, after burning the magician’s tools of trade, urged Luo leaders to avoid witchcraft.

“Only God can save us. I urge Kenyans to seek refuge in God and not in demons or magicians,” he said. But the man of the cloth was preaching of deaf ears.

Since Bishop Okinda’s admonition almost one decade ago, an annual clandestine pilgrimage, to “Sumbwanga and Bariati” which are the twin capitals of witchcraft in Tanzania, by some prominent Luo political leaders has increased.

Belief in the powers of magic as opposed to divine intervention among some leading members of the Luo Political class dates back to the days of Jaramogi Oginga during his fierce battle for supremacy and dominance in Luoland Walter Odede and later Tom Mboya, both of whom were devout Christians’ with no time for the occult and magicians.

In 1968 at the peak of his political problems Tom Mboya and the Government of Kenyatta, Odinga contracted the help of a soothsayercum-magician from West Africa.

According to Odinge Odera, his former aide and speech writer in a recent book entitled, “My Journey with Jaramogi,” the magician Odinga brought in was “a Senegalese, a tactical man,” who had been secretly brought into the country courtesy of Dr. Milton Apollo Obote, the president of Uganda, to assist Jaramogi overcome the difficulties he was experiencing with the leadership of KANU and Government. “The Technical Man” withhis two assistants was lodged at a self-service apartment at Hurlingham, Nairobi where Jaramongi conferred with him several times for one week and later in Kisumu.

“At one such meeting with me in attendance,” Odinge Odera continued, “the technical man’ told Jaramogi that his political future was full of hurdles and he saw him (Odinga) and his colleagues in some kind of prison cell at some point! A year later, Odinga and his followers were detained!

Over one decade after this incident, Odinge Odera witnessed yet another encounter between Jaramogi and another sooth-sayer-cum-magician. He also narrates this in his book, “My Journey with Jaramogi” thus:

“About ten days before the abortive coup by the personnel of the Kenya Airforce on August 1, 1982, I paid a courtesy call on Jaramogi at his Kisumu lakeside home.

“With him was a Mzee he introduced as a friend from one of the islands of Rusinga and Mfangano on Lake Victoria. My presence made the man somewhat nervous until Jaramogi reassured him that he needed not worry about my presence. He then requested Jaramogi if he could proceed with his monologue, to which permission was granted.

The mzee had paraphernalia which he had spread out on the floor and which he glanced at from time to time as he talked. At some point he told Jaramogi; you see, Iam seeing plenty of blood and dead bodies of people scattered on the streets of Nairobi.” He was not interrupted while he kept murmuring and muttering in a low deep tone , as if possessed by unseen forces. He went in some kind of séance. He then then sat up suddenly and when he had sufficiently recovered, he addressed Jaramogi, “Mzee there is alike hood  of some kind of trouble in the country in the near future but you will not be in any mortal danger.” Ten days later there was blood shell in Nairobi when junior Airforce officers staged an abortive coup de tat.

From the above it goes without saying that Odingawas a firm believer in soothsayers, magicians and marabouts. With his increased influence in Luoland especially after the death of Tom Mboya in 1969 and Walter Odede in 1974, the political dispensation subservient to him rose at the expense of Christianity which quickly subordinated itself to the new political class deeply steeped in magic and the worship of Baal.

In his book, “Not Yet Uhuru”, Jaramogi confessed that he did not take Christianity seriously. Wrote he;

“I was fascinated by the admonitions to godliness and charity towards others but my religious understanding and personal sacrifice to God and Christ were limited. When I was called to baptism I took the occasion lightly. My evangelist teachers had asked me to select a god father and godmother but I did nothing about this nor did I arrange a baptismal name when the day of baptism came and I was called to the alter I could produce no name and no godparents were present. Canon pleydell had come to baptize us and he said go out in front of that large crowd and look for your godmother and godmother! I was at a loss. Stephen Machiala and Loise Amolo wife of Shadrack Osewe came forward on the spot and gave me the names Obadiah and Adonijah. I was called to the alter and baptized but I never liked the names; I never used them though it was it was important in those days to be known by your baptismal name if you were a Christian.”

Many of Odinga’s political supporters subsequently took after him by also   discarding their baptism names and giving the church a wide berth except during campaigns when they would make technical appearances in churches ostensibly to pray but in actual sense to canvas for votes before disappearing in the dens of magicians for nocturnal “technical” assistance.

Over the years, the majority of the political class in Luoland has become addicted to soothsayers and magicians to the extent that many of them attribute their elective positions not to the electorate, but to pagan rituals and other forces of darkness through which they believe that the populace can be blindfolded and held captive forever.

The clergy in Luoland should come out clearly on this issue and state in plain language why they have subordinated themselves to the political class which abandoned the religion long time ago in favor of local and imported marabouts:








Noah Akala Oduwo

The notoriously ruthless ODM gang christened Men-in-Black have kicked out ODM Director of Campaigns Dr Noah Akala Oduwo from the Okoa Kenya Secretariat for being a Jubilee spy.

According to sources at the Okoa Kenya secretariat, Dr. Noah Akala Oduwo was kicked out on suspicion that he periodically leaks ODM secrets to Jubilee for monetary gains. The gang which never acts without the express direction of party leader Raila Odinga, ruthlessly frogmarched him from the meeting.

NASA was holding the parliamentary group meeting at the venue.

Raila, Winnie and Dr Akala

Ironically, Noah Akala is known to once in a while be intimate with Raila Odinga’s daughter, Winnie Odinga. He is also a younger brother to NASA’s key witness in the presidential petition, Dr Oduwo Nyangasi.

The Men-In-Black gang gained notoriety few years back when they stopped the ODM national elections at Kasarani. They were also in the news for ejecting Magerer Langat from Orange House after he started badmouthing the party in the media.

This is not the first time Noah Akala Oduwo has been ejected from Raila’s offices. In 2015 and 2016, he was thoroughly beaten by the security guards of Raila for being a key leaker of information.


Step One: Form a shadow government using humanitarian aid as cover (AFRICOG & KHRC).

Step Two: Control the airwaves. Fund existing radio and TV outlets and take control over them or start your own outlets.

Step Three: Destabilize the state, weaken the government and build an anti-government kind of feeling in the country. You exploit an economic crisis or take advantage of an existing crisis — pressure from the top and the bottom. This will allow you to weaken the government and build anti-government public sentiment.

Step Four: Sow unrest.

Step Five: Provoke an election crisis. You wait for an election and during the election, you cry voter fraud.

Step Six: Take power. You stage massive demonstrations, civil disobedience, sit-ins, general strikes and you encourage activism. You promote voter fraud and tell followers what to do through your radio and television stations. Incitement and violence are conducted at this stage.

Step Seven: Outlast your opponent.