18/03/14
Our attention has been drawn to recent media reports concerning the verdict delivered by the Court of Appeal on Friday the 14th of March 2014, sitting in Kisumu. This was in relation to an appeal launched by Bungoma Senator and CORD co-principal Sen. Moses Wetang'ula following a ruling made by Judge Francis Gikonyo nullifying his earlier win in the March 4th Senatorial election.
The Court of Appeal sitting in Kisumu had delivered a verdict cementing its earlier decision that threw out Senator Wetang'ula's appeal against a high Court decision to nullify his March 4th victory. In so doing, the appellate Judges therefore allowed a Senatorial by-election in Bungoma County to go on as scheduled by the IEBC on 19th Dec. 2013 which Sen. Wetangula won with an overwhelming majority.
In light of the misleading impression created by recent media reports we wish to state as follows:
- That the Court of Appeal delivered its ruling regarding the said appeal by Sen. Wetang'ula on the 11th of December 2013, during which the appellate Judges threw out Senator's appeal against the high court ruling that had nullified his March 4th senatorial win. In the ruling, the three judge bench headed by Hon. Justice David Maranga had PROMISED TO ISSUE REASONS FOR THE DECISION LATER.
- That the above case is similar to the case where the Supreme Court dismissed the case by Hon. Raila Odinga against the election of Pres. Uhuru Kenyatta, where the case was dismissed and the Supreme court promised to issue the reasons for the dismissal later.
- That the public should be informed that the verdict as read out on Friday 14th March opens nothing new to the already closed petition; the petitioner won the case and a Senatorial by election was allowed in Bungoma County where Senator Wetang'ula trounced the rivals.
- That the merits and demerits of Sen. Wetang'ula's eligibility to contest were thoroughly exhausted up to and a categorical statement by the Office of the Director of Public Prosecutions exonerating the Senator from any culpability in the alleged election offences based on evidence adduced. Justice Gikonyo in his clarification days after nullifying his election gave Sen. Wetang'ula a-go-ahead to vie in the resultant by-election despite spirited efforts by his detractors to have him barred from running.
We are fully aware of the desperate attempts by known political detractors to continue with their wicked machinations to frustrate the CORD leadership in general and Sen. Wetang'ula in particular through legal and extra legal machinations. CORD will not sit down and watch as its leadership is wrecked by a people whose political relevance is past tense.
It is not lost to the Kenyan people that, the recent Bungoma Senatorial by- election was in itself a desperate ploy by the said detractors to deny the people of Bungoma their democratic will to elect Senator of their choice. However, the people of Bungoma County saw through these evil schemes and re-affirmed their trust and belief in Senator Wetang'ula by an even bigger and overwhelming victory.
We wish to categorically state that no amount of witch-hunt, intimidation or backstabbing will prevent the CORD leadership from pointing out the ills of enormous corruption and bad leadership bedeviling this country under the Jubilee leadership. Not even attempts to eliminate the leadership through attempted assassinations casually and comically dismissed as "billboard accidents" will stop CORD from exercising its democratic right of providing the checks and balances to the already failed Jubilee administration.
We appeal to our supporters to be calm and treat the information being peddled around by our detractors with the contempt it deserves. The Media needs to give facts to the consumers of their information and not choreographed stuff. Such misleading information is meant to unsettle and distract not only our leadership but also our supporters.
CORD further wishes to reaffirm its commitment to providing innovative, alternative, effective and pragmatic solutions to the challenges facing the Kenyan people.
God Bless Kenya.
Signed
Hon Wafula Wamunyiyi
Hon Jared Opiyo
Hon Eseli Simiyu
Hon. Dorcas Kedogo
Hon Silvance Osele
