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Private prosecution instituted against ECK Commissions

Private criminal proceedings have been instituted before the Chief Magistrate’s Court in Nairobi against the ECK Commissioners by a KPTJ member Julius Melli as the complainant on behalf of the Republic. Case is Private Prosecution No 7 of 2008 Republic through Julius Melli versus Samuel Mutua Kivuitu & 21 others before Nairobi Chief Magistrate Gilbert Mutembei. The Chief Magistrate has admitted the 16 charges against the 22 ECK Commissioners related to the management and control of the 2007 General Elections and also issued summons for the 22 accused persons (now suspects) to appear before him for the taking of plea on Wednesday 17th of December 2008. On that 17th of December, the Magistrate will further hear the complainant’s application to be allowed to proceed with the intended prosecution on behalf of the Republic.

Civil society networks are planning to appear in court on that day – please lend your support (and blog about the hearing) if possible.

4 comments to Private prosecution instituted against ECK Commissions


    Since the transition from white colonial rule to its black equivalent in 1963, the dreams and the aspirations of the kenyan people have been trampled with impunity by those who have usurped the electoral process to wield power for personal gain. Throughout this time, the cries of the deprived and brutalised kenyan have been stifled by an emasculated and now dictatorial legislature, an all powerful executive and a judiciary which has been an appendage of the executive riddled with inefficiency and corruption.
    That one of those brutalise kenyan has had the courage to take an issue of national concern like the conduct of the ECK commissioners to court and that a judge of the same court has admitted the charges makes me remember the words of Martin Luther King in his famous “I have a dream”speech.
    I may not be able to appear in person during the hearing but I stand alonside Julius Melli and members of civil society in the persuit for justice.
    Kenyans must reclaim their freedom, independence and dignity as a people.
    We must establish a nation in which respect for human live and dignity is the obligatory fundamental and most basic tenent in the contact of all public affairs. It is woefully wrong for our leaders to go on the way they are going when the injustices of the election and post election period still traumatise the nation as they do.
    We must force our leaders to move away from the persuit of personal goals and aggradisement to a focus on national service and accountability. This country is a responsibility to each and every one of us. It is not and Must not be viewed as an opportunity for rapacity and exercise of greed but rather as a charge on all of us to build a better, stronger, fairer, more merciful and caring nation. A nation where the young can grow up in hope and without fear. Free from the ravages of joblessnes and its attendant evils. A nation where the old are taken care of to live out their final years in comfort and dignity knowing that they gave birth to thankful nation.
    I stand by Julius Melli for he is joins the line of unnoticed and unsung heroes of this country which earnestly cries for such.
    Mutava Thomas

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