REPUBLIC OF KENYA
IN THE SUPREME COURT OF KENYA AT NAIROBI
PETITION NO. OF 2017
HON. RAILA AMOLO ODINGA …………………………………………… PETITIONER
VERSUS
PRESIDENT UHURU MWIGAI KENYATTA (REPUBLIC)..……....……..1STRESPONDENT
DEPUTY PRESIDENT WILLIAM SAMOEI RUTO (REPUBLIC)...………2NDRESPONDENT
MR. WAFULA CHEBUKATI FOR INDEPENDENT ELECTORAL
AND BOUNDARIES COMMISSION COMMISSIONERS .….3RD RESPONDENT
VERSUS
BENJAMIN BARASA WAFULA……………………….INTERESTED PARTY/APPLICANT
NOTICE OF MOTION
Under the constitution of Kenya Article 22 Clause 258
Let all parties concerned take notice that the Applicant herein has
applied to move this Hon. Court on the ……… Day of ……………., 2017
at 9:00 am or so soon thereafter in the forenoon about the following
prayers:-
1. This Hon. Court be pleased and grant ex parte orders enjoining
the Applicant herein as an Interested Party in the 2017 General
Elections Verdict Petition, so that his orders under Civil Suit No. 05
of 2016 pending in the High Court of Kenya at BUNGOMA, are
not damaged by the Verdict Ruling of the NASA PETITION.
2. Costs of this Application.
ON GROUNDS THAT:-
A) The 2017 General Election issues are similar matters pending in the
High Court of Kenya at BUNGOMA, under Civil Suit No. 05 of 2016
between same parties.
B) The Hon. President Uhuru Mwigai Kenya, Hon. Deputy President
William Samoei Ruto, Majority Leader Aden Dwale and the
Governance appeared in the Civil Suit No. 05 of 2016 filed in the
High Court of Kenya at BUNGOMA.
C) The High Court of Kenya at Bungoma has declined to give a
hearing date that their diary is full.
D) On 26th October, 2016 the Interested Party requested to transfer
these matter to the Supreme Court.
E) The High Court of Kenya at Bungoma failed to hear the said
Application.
F) The Interested Party filed a complaint to the Supreme Court on
30th December, 2016 but the Supreme Court has evaded
considering the complaint.
G) The NASA Principals have forged results and attempted to hacker
the Digital Tallying System four times, but all Government Arms
have evaded condemning such ill actions.
H) The Religious Leaders are shying to condemn NASA PRINCIPALS
for attempted to hacker the Digital Tallying System four times.
I) The opposition Principal has alleged that IEBC adding the NASA
strong hold votes for JUBILEE, but the Electorates from such
Regions have not disputed the results.
J) The NASA PRINCIPALS are seriously hacking the Supreme Court
Process by pre-empting the discretion of the Verdict.
K) The INTERESTED PARTY contents that the ill approach of these
matters targets worsen the Kenyans PEACE ACCORD than it was
even before 1985.
This Application is premised on the Civil Case No. 05 of 2016 and
relevant documents attached thereto.
Further take notice that should any Party herein fail to appear in
person or be represented by someone dully authorized by law, same
shall be processed and determined your absence notwithstanding.
DATED AT…………….………. ON THIS….….. DAY OF………....…….., 2017
………………….
BENJAMIN BARASA WAFULA
(INTERESTED PARTY/APPLICANT)
DRAWN & FILED BY:-
BENJAMIN BARASA WAFULA,
P.O BOX 484-50205,
WEBUYE.
TO BE SERVED UPON:-
1. THE NASA LAWYERS FOR HON. RAILA AMOLO ODINGA.
2. THE JUBILEE LAWYERS FOR HON. PRESIDENT UHURU MWIGAI KENYA,
HON. DEPUTY PRESIDENT WILLIAM SAMOEI RUTO.
3. THE LAWYERS FOR MR. WAFULA CHEBUKATI, INDEPENDENT ELECTORAL
AND BOUNDARIES COMMISSION COMMISSIONERS.
REPUBLIC OF KENYA
IN THE SUPREME COURT OF KENYA AT NAIROBI
PETITION NO. OF 2017
HON. RAILA AMOLO ODINGA …………………………………………… PETITIONER
VERSUS
PRESIDENT UHURU MWIGAI KENYATTA (REPUBLIC)...……....……..1ST
RESPONDENT
DEPUTY PRESIDENT WILLIAM SAMOEI RUTO (REPUBLIC)...………2NDRESPONDENT
MR. WAFULA CHEBUKATI FOR INDEPENDENT ELECTORAL
AND BOUNDARIES COMMISSION COMMISSIONERS .….3RD RESPONDENT
VERSUS
BENJAMIN BARASA WAFULA……………………….INTERESTED PARTY/APPLICANT
SUPPORTING AFFIDAVIT
I, Benjamin Barasa Wafula being a Kenyan male adult of sound mind,
herein after referred to as the Interested Party/Applicant, do hereby
make oath and state as follows:-
1. THAT, I know of my own knowledge, the 2017 General Election
issues are similar matters pending in the High Court of Kenya at
BUNGOMA, under Civil Suit No. 05 of 2016 between same parties.
2. THAT, I know of my own knowledge, the Hon. President Uhuru
Mwigai Kenya, Hon. Deputy President William Samoei Ruto,
Majority Leader Aden Dwale and the Governance appeared in
the Civil Suit No. 05 of 2016 filed in the High Court of Kenya at
BUNGOMA.
3. THAT, I know of my own knowledge, the High Court of Kenya at
Bungoma has declined to give a hearing date that their diary is
full.
4. THAT, I know of my own knowledge, that on 26th October, 2016
the Interested Party requested to transfer these matters to the
Supreme Court.
5. THAT, I know of my own knowledge, the High Court of Kenya at
Bungoma failed to hear the said Application.
6. THAT, I know of my own knowledge, the Interested Party filed a
complaint to the Supreme Court on 30th December, 2016 but the
Supreme Court has evaded considering the complaint.
3. THE LAWYERS FOR MR. WAFULA CHEBUKATI, INDEPENDENT ELECTORAL
AND BOUNDARIES COMMISSION COMMISSIONERS.
REPUBLIC OF KENYA
IN THE SUPREME COURT OF KENYA AT NAIROBI
PETITION NO. OF 2017
(FORMERLY THE HIGH COURT OF KENYA AT BUNGOMA
CIVIL SUIT NO. 5 OF 2016)
BENJAMIN BARASA WAFULA……………………….PETITIONER/INTERESTED PARTY
VERSUS
PRESIDENT UHURU MWIGAI KENYATTA (REPUBLIC)..……....……..1STRESPONDENT
DEPUTY PRESIDENT WILLIAM SAMOEI RUTO (REPUBLIC)...………2NDRESPONDENT
MAJORITY LEADER ADEN DWALE (REPUBLIC)..……..…………...3RD RESPONDENT
THE 10TH & 11TH NATIONAL ASSEMBLY (REPUBLIC)..………...……4TH RESPONDENT
HON. RAILA AMOLO ODINGA………………………..……..……...5TH RESPONDENT
HON. STEPHEN KALONZO MUSYOKA…………………...………….6TH RESPONDENT
HON. SENATOR MOSES MASIKA WETANGULA………….......…...7TH RESPONDENT
THE SENATE (REPUBLIC)…..………………………….……………….8TH RESPONDENT
ALL THE 47TH COUNTY GOVERNMENTS GOVERNORS...…...…….9THRESPONDENT
ALL MEMBERS OF COUNTY ASSEMBLIES …........................…...10TH RESPONDENT
INDEPENDENT ELECTORAL AND
BOUNDARIES COMMISSION COMMISSIONERS .…………..….11TH RESPONDENT
HON. WYCLIFFE MUSALIA MUDAVADI……..……………………12TH RESPONDENT
HON. JAMES ORENGO……………………………………………..13TH RESPONDENT
AMENDED PLAINT (PETITION)
Mode of Track: Multi – Track
2017 NATIONAL GENERAL ELECTION PETITION
Let all parties concerned take notice that the Petitioner herein has
petitioned the 2017 National General Elections on 15th June, 2016 in the
High Court of Kenya at Bungoma prior to voting, due to misplacing
and or misusing the Kenyans 2010 Constitution for their political
mileage interest, whereby the 1st up to 4th and 9th appeared, but he
now transfers the same to the Supreme Court of Kenya at Nairobi.
1. The contact address for the Plaintiff herein regarding these
matters shall be care of P.O BOX 484-50205, WEBUYE.
a) The Petitioner’s contact address for the purposes of this suit
shall be care of P.O BOX 484-50205, WEBUYE.
2. The contact address for the 1st up to 4th and 7th up to 11th
Defendants herein regarding these matters, shall be care of
the State Counsel Office, KVDA Plaza, 9th floor, Oloo Street, P.O
BOX 4024-03100, ELDORET.
a) The 1st up to 4th and 8th up to 10th Respondent’s contact
address for the purposes of this Petition shall be care of the
ATTORNEY GENERAL CHAMBERS, SHERIA HOUSE, HARRAMBE
AVENUE, NAIROBI.
3. The 1st up to 4th and 8th up to 10th Respondents follow under the
provision of State Offices vide Article 260 of the Constitution of
Kenya. That is why they are served and represented by the
Attorney General.
4. The contact address for the 5th Defendant herein, regarding
these matters shall be care of C/O ORANGE HOUSE,
HAILESELLASIE AVENUE, NAIROBI.
a) The 5th Respondent’s contact address for the purposes of this
Petition, shall be care of ORANGE DEMOCRATIC MOVEMENT
HOUSE, HAILESELLASIE AVENUE, NAIROBI.
5. The contact address for the 6th Respondent herein, regarding
these matters shall be care of TENDE DRIVE BUILDING, OFF
JAMES GICHURU ROAD, LOVINGTON, NAIROBI.
6. The 7th Respondent’s contact address for the purposes of this
Petition shall be effected up on him in person at the SENATE
PARLIAMENT from his OFFICE, at NAIROBI.
7. The 12th and 13th Respondents’ contact address for the
purposes of this Petition shall be effected up on them in person
from NASA National Office, at NAIROBI.
PREAMBLE:-
8. The Petitioner herein contents that the Petition being prepared
by the NASA PRINCIPAL is a RES JUDICATOR since all parties to
the disputes are sued on similar matters by the Petitioner herein
as a concerned Kenyan vide BGM CIVIL SUIT NO. 5 OF 2016.
A) The NASA FLAG BEARER has already disputed the Supreme
Court’s transparence and accountability before petitioning,
which raises the JUBILEE FLAG BEARER eyebrows, while the
NASA AFFILIATES have concealed material facts that
Elections in Kenya are compromised on Tribalism and
Regional Affiliation which both Hon. RAILA and Hon. UHURU
are equally suspects:-
B) The NASA PRINCIPALS are misplacing these matters to theft
of votes and inciting Kenyans to kill, injure and damage
properties of their own brothers and sisters while concealing
material facts that these matters are due to TYRANT of
numbers whereby LUOS, KALENJINS and KIKUYUS vote on
Tribalism and Regional Affiliation.
C) The Petitioner sued the 1st up to 11th Respondents herein
vide Civil Suit No. 5 of 2016 in the High Court of Kenya at
Bungoma, for failing t0 enact Anti-Tribalism Act under
Articles 90: Clause 2 (c), 91: Clauses 1(a –d) up to 2 (a & b)
and 27: Clauses 1 up to 3 and 8 of the Constitution which
could have guaranteed free and fair Nation Elections
especially concerning the PRESIDENCY of this Country.
D) The Petitioner herein avers on matters of legality and facts to
sue the 1st up to 13th Respondents prior to the 1st up to 4th
and 8th up to 10th as well as 13th Respondents being sworn in
so that Article 143: Clauses 1 up to 4 of the Constitution of
Kenya doesn’t favour them against other anomalies which
have damaged our National Cohesions.
COMPROMISED VOTERS:-
9. The current tension in the Country being purported in terms of
IEBC Commissioners, is due to the 1st up to 3rd Respondents and
majority of the 4th Respondent’s (Jubilee Coalition affiliates)
failing to condemn their aspirants talking for a further fifteen
(15) years (2032) State House occupation while Kenyans were
readying themselves for the 2017 National General Elections.
a. The Hon. President and His Deputy, were seriously preaching
the Anti-Tribalism Gospel for uniting Kenyans, without urging
their Tyrant numbers of the 11th Parliament (4th Respondent
herein) to enact the Anti-Tribalism Act for uniting Kenyans to
vote as a Nation.
b. The wrangles in our National Political Arenas are agitated by
hopping for State House Tenancy on Regional and Tribalism
Affiliation, instead of legislating and enacting Anti Tribalism
Act under Articles 90: Clause 2 (c) 91: Clauses 1(a –d) up to
2 (a & b) and 27: Clauses 1 up to 3 and 8 of the Constitution,
which could harmonize Kenyans’ democratic rights.
c. The NASA and JUBILEE LEADERS are knowingly and
intentionally evading to condemn Tribalism and Regional
Affiliation and Voting because both of them were
compromising strong Aspirants from particular ethnicity to
support their campaigns, on employment vacancy
promises, which is equally to bribing voters.
d. That it was a contravention of Articles 90: Clause 2 (c) 91:
Clauses 1(a –d) up to 2 (a & b) and 27: Clauses 1 up to 3
and 8 of the Constitution when the 11th Defendant herein
allowed the 1st up to 10th Respondents to aspire for the 2017
National General Elections without such compliance.
e. The Political Parties’ Leaders were compromising electorates
to vote for a particular Presidential Candidate on Regional
Tribalism, instead of urging their parties’ Members of
Parliament to move motions for enacting anti tribalism Act
under Articles 90: Clause 2 (c)91: Clauses 1(a –d) up to 2 (a
& b) and 27: Clauses 1 up to 3 and 8 of the Constitution to
unite Kenyans so that we vote as a National.
10. The IEBC are wrong to have published results which they too
accept to be unverified and then start preparing for unknown
official results while the tallying had maximized for a
Presidential Winner declaration.
11. The Petitioner herein contents that since all Presidential
Aspirants were voted for, on Regional and Ethnicity
consideration, the NASA Electorates must respect the decision
of the JUBILEE Electorates, until all comply with Articles 90:
Clause 2 (c), 91: Clauses 1(a –d) up to 2 (a & b) and 27:
Clauses 1 up to 3 and 8 of the Constitution.
12. The Petitioner herein furthers that the allegations about an
expert changing the tallied information, is totally insulting and
inciting Kenyans to fight, injure and or kill others as well as
damaging properties maliciously.
THE TRIBALISM PARTISAN:-
13. The 1st up to 10th Respondents’ unconstitutional alliances which
are formed on Kikuyu-Kalenjin and Oria (the Somalis of Kenya)
under Jubilee, then Luo, Luhya and Akamba under NASA
Alliance have worsened our National Cohesions.
14. The non constitutional Regional and Tribalism mass
demonstration if not stopped constitutionally by enacting Anti
Tribalism Act under Articles 90: Clause 2 (c), 91: Clauses 1(a –
d) up to 2 (a & b) and 27: Clauses 1 up to 3 and 8 of the
Constitution, shall divide this Country in Luo-Luhya State, then
Kalenjin-Kikuyu State among others yet to emerge.
a. The Church clergymen and the Media have participated to
maintain peace in Kenya, but declined to condemn the
Government and Opposition for failing to Legislate and
enact the Anti-Tribalism Act which could unite Kenyans
under Articles 90: Clause 2 (c), 91: Clauses 1(a –d) up to 2 (a
& b) and 27: Clauses 1 up to 3 and 8 of the Constitution.
b. The enacting of the Anti-Tribalism Act under Articles 90:
Clause 2 (c), 91: Clauses 1(a –d) up to 2 (a & b) and 27:
Clauses 1 up to 3 and 8 of the Constitution shall have a
balanced National Government, so that when a wining
party forms the GOVERNMENT, it doesn’t appear a 3
Kenyans’ families’ TRIBALISM DYNASTY walloping MEAT
against the 39 Kenyans’ families without MEAT.
c. That the Prominent Regional Leaders were ordaining tribal
elders and spokesmen instead of urging the Parliament
which has representatives across the Republic to legislate
under Articles 90: Clause 2 (c), 91: Clauses 1(a –d) up to 2 (a
& b) and 27: Clauses 1 up to 3 and 8 of the Constitution for
enacting the Anti-Tribalism Act to unite all Kenyans.
d. That the Prominent Regional Leaders were scaring other
Kenyans from exercising their democratic rights in other
parts of the Country, if not done without their Elder spokes
persons’ consent.
e. That Nationalisms like ISAAC KIPRONO RUTO of BOMET
COUNTY, is politically assassinated due to having advanced
in National Politics against the Kalenjin Communities’
Politics.
DEDICATION TO SERVE THE VOTER NATION-WIDE:-
15. The 1st up to 10th Respondents were campaigning to gain
political mileage through Church and Mosque services,
Development Meetings, Funeral Services and Public
Demonstrations instead of serving the Electorates for at least
4.5 years prior to next General Elections campaigns.
16. The 1st up to 11th Respondents herein, have failed to establish
and condemn THAT, the Elections wrangles in the Country are
misplaced in terms of IEBC Commissioners but in the really
sense it is due to Jubilee Coalition and NASA Alliance Tribal
and Regional Affiliation which has denied other Kenyans such
a chance.
17. The 1st up to 11th Respondents herein have failed to legislate a
Government Duty Roster so that the President and his Deputy
can serve this Nation on a Nationalism Duty Roster unlike the
REGIONAL and TRIBAL OUT LOOK.
18. The Presidential and his Deputy’s Nation-wide Duty Roster, shall
enable the head of state with his Deputy to monitor the proper
use of the C. D. F. as well as the COUNTY GOVERNMENT
ACCOUNTS on the ground if not on site.
19. There are 52 weeks in a year against 47 County Governments,
which gives a balance of 5 weeks and 1 day in case of a lip
year.
20. The balance of 5 weeks as per the Nation Wide Duty Roster,
shall be enough for the President and his deputy to perform
other official duties elsewhere around the Global.
21. The 7 (seven) days for every County’s Presidential and his
Deputy’s Duty Roster, can be spread in to three different work
visits, so that the two leaders don’t be away from every County
for a long time.
FACILITATING POLITICAL PARTIES:-
22. That facilitating Political parties with money is a voter
compromise, since Kenyans do vote from Polling stations within
their jurisdictions which need no transportation.
a. That every Kenyan voter needs no money to be reached by
political aspirants of his or her choice, since he or she knows
all candidates vying for political positions within his or her
area of jurisdiction.
b. That, facilitating of political parties, then ferrying a voter
from one place to another so that the Aspirant
compromises Electorates, is equally bribing which denies
electorates of particular Regions to exercise their freedom
of choice.
INCITEMENT TO CREATE DISPUTES:-
23. The current NASA Alliance demonstrations that they count then
throw and announce concurrently with the IEBC, are only
readying their parties affiliate members to create disputes so
that they repeat the ODM 2007 and 2008 post election
violence history.
24. The NASA TALLYING CENTER incited Kenyans when aired their
results that they had won the 2017 Kenya’s National General
Elections by 8,452,134 against JUBILEES 7, 846,528.
a. The Petitioner herein contents that Slogans of the NASA Flag
Bearer as averred above, were meaning the now revealed
NASA TALLYING with high intention to kill more KENYANS
similar to 1982 and 2007/2008 instances.
b. The NASA TALLYING CENTER contravened Article 81: Clause
e (I – V) and 138: Clause 3 (c)of the Constitution as here
below:-
i) It had no country, constitution, COMMISSIONERS,
voting date, venues, Kenya’s General Election’s, 6
entities, agents, security as well as balloting
materials and facilities.
ii) The Petitioner herein suspect that the two NASA
FLAG bearers (5th and 6th Respondents herein),
attempted to hacker THE DIGITAL TALLYING at
BOMAS of Kenya from their NASA BASE, but failed.
iii) The Petitioner furthers the NASA’s scandalized
results as Hon. RAILA 8,452,134 votes against Hon.
Uhuru 7, 846,528 votes were to be hacked in the
IEBC system as purports the NASA FLAG bearer,
because he can even tell the real time before
perusing the IEBC system.
iv) The Petitioner herein views further that, seemingly
after the NASA PRINCIPALS (5th and 6th
Respondents) failing to hacker the IEBC TALLYING
FACILITIES, opted incite Kenyans by forcing the
COMMISSIONERS to declare them winners of the
2017 General Elections using scandalized NASA
TALLYING CENTER results without verification by
Forms 34 (A) and 34 (B) as well as 34 (c).
v) The Petitioner herein furthers that the NASA
PRINCIPALS’ (5th and 6th Respondents’) conducts
were highly targeted to re-experience this beloved
Kenya in to the 1982 and 2007/2008 instances, if at
all the security was not alert.
vi) The Petitioner herein views harder that the
Opposition is always against the Government’s
deployment of heavy and tight security so that the
5th and 6th Respondents herein can misuse the
innocent youths as I quote:- “HAYA VIJANA ENDENI
BARABARANI”.
ERADICATING INCITEMENT AND AVOID DISPUTES:-
25. The money to facilitate POLITICAL PARTIES be used to IMPROVE
DIGITAL BALLOTING SYSTEM so that vote counting is also done
when a voter touches the photo of his preferred Aspirant and
tallied digitally while the screen indicates the vote’s growth of
every Candidate, for avoiding manual counting disputes such
as WANAHESABU - tunahesabu; WANARUSHA – tunarusha;
WANATANGAZA - tunatangaza.
26. The Tallying of all Kenyans’ National General Elections is
constitutionally done under our National Constitution Article
138, but not from any of the Kenyans’ neighbouring Countries.
27. The Petitioner herein observes harder that any Furious Public
Demonstrator who is neither retreats nor surrenders (whether of
minor or majority age) armed with firing materials, blunt
objects, sharp objects, stones and or any type of weapon, can
only be challenged using military experts.
28. The Petitioner herein contents that the 5th up to 7th
Respondents herein are misusing the LUO COMMUNITY to
demonstrate against their own votes voted for Hon. Raila
Amolo Odinga, which means the LUO COMMUNITY is praying
for their VOTES voted for Hon. Raila Amolo Ondinga to be
declared null and void, since the KIKUYUS, KALENJINS and
LUOS do only vote on Regional and Tribalism Affiliation under
this Kenya Tribalism Regime violating and contravening Article
27: Clauses 1up to 3 and 8, Article 90: Clause 2 (c)and Article
91: Clauses 1(a – h & 2 a – c) of the Constitution.
29. The Petitioner herein contents that the 5th up to 7th
Respondent’s affiliates mass demonstrators from Western
Kenya, Nairobi and Mombasa, could demonstrate only after
electorates from the polling stations where their flag bearer
losses, are disputing against the declared results by the IEBC
Commissioners, which shall evidence and maximize their cry
and call for justice pragmatically.
NEPOTISM AND OR BIASNESS:-
30. The Orange Democratic Party Members and officials of Luo
Nyanza have failed the National Unity by chasing away the
now Deputy President Hon. William Samoei Ruto on slogans
that hatutaki ruto, Hatutaki Ruto, HATUTAKI RUTO after re-
accepting formerly divorced Hon. Wycliffe Musalia Mudavadi,
and dumping Hon. Abaabu Namwamba among many others
on expression that O. D. M. ina wenyewe.
31. The members of Parliament, Senators, Governors, Members of
County Assemblies and Electorates from Western Kenya,
Nairobi and Mombasa under Opposition Alliance, do stage
demonstrations in their own Regions that their PRINCIPAL’s
VOTES were stolen from other parts of the Country, instead of
Opposition Leaders using Electorates from such particular
POLLING STATIONS where the Opposition Leader has lost, to
spearhead such demos.
32. The Petitioner further contents that the disputes about the
current tribalism elections results, can only be challenged by
electorates from areas where Opposition has lost (achieved
less than 30%), complaining that they voted for opposition, but
counted for the Government.
33. The Petitioner herein contents that, if only Electorates from a
County where NASA achieved a minimum of 80%,
demonstrate that the ELECTIONS LACKED TRANSPARENCY, then
it means such Electorates are causing violence to influence
and forcing other parts of the country to concede only and
only, their County results for the entire Country’s presidency.
34. The Petitioner herein takes a further observation that the
Opposition can only dispute the results in this Kenya Tribalism
and Regional Regime if some electorates were locked out of
Polling Station before the Constitutional closure time.
35. The Opposition can also dispute the Current results if at all the
results of a particular Polling Station; exceed the actual
registered voters thereof.
36. It shall be in the Public Interests if the NASA ALLIANCE Members
of Western Kenya, Nairobi and Mombasa Regions allow
electorates from Polling Stations where the Opposition has lost,
to maximize their mass demonstrations against General
Elections results, before the rest of the COUNTRY joining them.
37. The 1st up to 11th Respondents’ affiliates have failed to
discipline the ODM fraternities who kicked the balloting
facilities into pieces for denying the then expected General
Secretary Hon. ABABU NAMWAMBA among other similar
occasions at different forums’ election to office.
a. The party can’t nominate leaders and or officials if at all it
has scheduled for their Parties National Wide Members and
Delegates Participation in its’ respective GENERAL
ELECTIONS.
b. The damaging of Orange Democratic Movements National
General Elections Balloting facilities by the “ODM Ina
Wenyewe Characters” then handpicking leaders was
constitutionally worse than embarking on manual counting
of votes after Digital tallying failure.
c. The Kenyans National General Elections are not free and fair
because Party Leadership do impose Leaders in office at
grass-roots, which has ever denied all Kenyans free and fair
elections.
38. The 1st up to 10th Respondents affiliates have failed to
democratically construct party management, which could
maturely and amicably deliberate on the Kenya’s
Constitutional Requirements.
39. The 11th Respondent has failed to ensure free and fair General
Elections by declining to INVESTIGATE the allegations that the
deceased do resurrect on the 8th August of every fifth year
then vote and demise there again.
40. The 11th Respondent has failed to set and or observe time for
Political Parties to comply with party representation for
identifying the General Election National Flag Bearers among
other aspirants, so that those who might be aggrieved, can
opt for alternatives at the right time.
41. The 1st up to 10th Respondents are day to day through their
respective manifestoes appealing for Kenyans to vote as a
Nation, but they don’t condemn their own Regional Political
Affiliation contrary to Articles 91 and 27 of the Constitution.
42. The 1st up to 10th Respondents (Jubilee Coalition and NASA
Alliance fraternities) have failed constitutionally to form
political parties outside tribalism boundaries and non regional
affiliates as regards the Constitution of Kenya.
43. The conducts of the 1st up to 11th Respondents herein if not
stopped constitutionally, shall finally return this Nation to
Ethnicity Boundaries as were experienced before 1919.
JUSTICE MISCARRIAGE:-
44. The 11th Respondent was wrong when accepted to conduct
the 2017 Kenya’s National General Elections while knowing
that the candidates through their various parties hadn’t
attained the required National Constitutional Requirements.
45. The 1st up to 11th Respondents have failed to establish that
Kenyans’ Political un-rest is due to the Kikuyu community, Luo
community and Kalenjin community discriminating other
Kenyans for the state House first job in the Kenyan Republic,
now more than 50 years since independence.
46. The 1st up to 11th Respondents (Jubilee Coalition and NASA
Alliance fraternities) have failed constitutionally to avoid
insulting language during their expression for state house
ambitions.
DEVOLVED RESOURCES:-
47. The 1st up to 10th Respondents (Jubilee Coalition and NASA
Alliance fraternities) have forgotten that Kenyans need
industries amalgamated especially at Nairobi and Kitengela
and or rather new Investors spread regionally since consumers
of such products are found across the Republic.
48. The 1st up to 10th Respondents (Jubilee Coalition and NASA
Alliance fraternities) have forgotten that the KNUT and KUPPET
as well as Doctors/Medical Services pleadings are to be
harmonized within other National Employment Sectors.
a. That the 1st up to 10th Respondents are creating a minimum
of 500,000 jobs annually within the old jobs schedule
whereby we need to evaluate all jobs in the Republic by
ways of JOB-CRITIQUE for new JOB-GRADES and therefore
National harmonized JOB-GROUPS.
b. The Kenya Salary Remuneration Commission and the
President are wrong to case and slash some few jobs’
salaries, without JOB-CRITIQUE for proper JOB-GRADING to
evaluate required salaries remuneration.
c. That the Ministry of Defense Forces and Educationists as well
as Medical Services are not supposed to encounter strikes,
therefore it shall be good if they directly follow under the
National Government Administration and Management.
49. The 1st up to 10th Respondents (Jubilee Coalition and NASA
Alliance fraternities) have forgotten and or failed to make all
the newly created jobs in the Country to be Permanent Sectors
or departments in respective Ministries within the Government
job schedule.
50. The 1st up to 10th Respondents (Jubilee Coalition and NASA
Alliance fraternities) are fully aware that JOB CRITIQUE is highly
needed for job harmonization in order to create conducive
working conditions and terms regarding the Teaching and
Medical Services fraternities among other Government Arms.
INSULTING LANGUAGE:-
51. The 1st up to 10th Respondents (Jubilee Coalition and NASA
Alliance fraternities) are aware that there is a minimal of 42
tribes in Kenya ready to build this Nation, even from State
House. Therefore the slogans of Jubilee in state house for the
next 15 years and that ODM has got its own fraternities for any
electoral sensitive position or rank are insulations to other
Kenyans.
a. The Government is insulting Kenyans on slogans that “Twala
nyama, mwameza mate”, instead of using Tyrant of
numbers to move motions for kicking tribalism out of Kenya
by legislating the Anti-Tribalism Act.
b. The opposition is insulting Kenyans by echoing the
Government slogans that “Twala nyama, mwameza mate”,
instead of the opposition moving motions to kick tribalism
out of Kenya by Legislating Anti-Tribalism Act under Articles
91: Clauses 1(a –d) up to 2 (a & b) and 27: Clauses 1 up to 3
and 8 of the Constitution.
c. That basing on Regional and tribalism consideration, the
Nyayo Government was heard claiming to have won a
minimum of 45 seats un-opposed prior to general elections
after introducing the multi party system in 1992.
d. The NARC Government splinters were being sloganeered at
by the then Hon. President that “Kaeni stayilo hiyo hiyo”
because the Opposition Leadership never wanted their
partisan to team up with the President for the opposition’s
regional development.
e. The Petitioner herein contents that the Nyayo era “winning
a minimum of 45 seats prior to elections”, the Narc Regime
“Kaeni stayilo hiyo hiyo”, and the Jubilee Coalition slogans
“Twala Nyama mwameza mate” are insulations that the
KANU Government shall devolve into various Regional and
Tribal considerations then rule this Country to their
satisfactions.
f. The Petitioner herein furthers that the wrangles about the
IEBC Commissioners and Digital Balloting systems shall not
solve the Kenyans General Elections disputes due to inciting
languge, if the Parliament doesn’t legislate and enact Anti -
tribalism Act under Articles 91: Clauses 1(a –d) up to 2 (a &
b) and 27: Clauses 1 up to 3 and 8 of the Constitution.
CAUSE OF ACTIONS:-
52. The 1st up to 11th Respondents (Jubilee Coalition and NASA
Alliance fraternities) are pretending to be un aware that the
purported IEBC tension is due to the two tribes (Kikuyu and
Kalenjin) netball/handball into State House environment basing
on tribalism and regional voting which has seen them in state
house for a minimum of 55 years.
53. The 1st up to 11th Respondents (Jubilee Coalition and NASA
Alliance fraternities) have failed to advise the two tribes
(Kikuyu and Kalenjin) to exercise democracy by voting in, a
State House tenant from any other of the Kenyans’ 40 tribes.
54. The NASA and JUBILEE FRATERNITIES as well as the IEBC
Commissioners are shying from condemning the Hon. Raila
Amolo Odinga, Hon. Wycliffe Musalia Mudavadi and Hon.
Orengo for causing the 2017 General Elections deaths, injuries
and malicious damages of properties after they hacked the
IEBC TALLYING CENTER in person and scandalized results to be
declared winners, while verification was under way.
UNCOMPLETED CONSTITUTION:-
55. The 1st up to 11th Respondents (Jubilee Coalition and NASA
Alliance fraternities) have failed to complete the 20% of our
Constitution which the 9th and 10th Parliament told the Republic
that the 2010 Kenyans Constitution is 80% correct and
promised to bring in the 20% with time.
56. The 1st up to 10th Respondents (Jubilee Coalition and NASA
Alliance fraternities) have failed to complete the 20% of our
Constitution which could guide the NASA Principal Hon. Raila
Amolo Odinga for submitting to Kenyans on how he do reveal
scandals, instead of leaving them handled by people who can
hide the truth.
57. The 1st up to 10th Respondents (Jubilee Coalition and NASA
Alliance fraternities) have failed to establish that the IEBC
tension is due to un completed 20% of our Constitution which
could have provided that when 70 % of electorates from a
particular Region vote for a single Presidential aspirant, shall
be in contravention of Article 91 and 27 of the Constitution.
58. The 1st up to 11th Respondents (Jubilee Coalition and NASA
Alliance fraternities) have failed to complete the 20% of our
Constitution which could provide that the Presidential term
must be rotational to empower all the 42 tribes have power to
contribute for National Development from State House in order
to calm down the IEBC demonstrations by unsatisfied
candidates.
59. The 1st up to 11th Respondents (Jubilee Coalition and NASA
Alliance fraternities) have failed to complete our constitution
20% which could provide that a Presidential Candidate must
not repeat the contest after missing two attempts. This shall
minimize the tension for State House tenancy in terms of IEBC
Commissioners.
60. The 1st up to 11th Respondents (Jubilee Coalition and NASA
Alliance fraternities) have failed to complete the 20% of our
constitution that the elected President whose term shall be
affected with any type of corruption either among himself or
his Cabinet, must quit office together with his ruling party and
pay for the property and or wealth swindled instead of
demonstrating against the IEBC Commissioners.
61. The 1st up to 11th Respondents (Jubilee Coalition and NASA
Alliance fraternities) have failed to complete the 20% of our
constitution that any Kenyan who shall insult the public to
defame the elected President and the ruling party for his
personal state house ambitions, shall be guilty of offences
liable for imprisonment and barred from vying for any Republic
Electoral Office, instead of demonstrating against the IEBC
Commissioners.
62. The 1st up to 11th Respondents (Jubilee Coalition and NASA
Alliance fraternities) have failed to complete the 20% of our
constitution such that the National building is a responsibility of
every Kenyan whether from a ruling or opposition part.
63. Therefore ministerial division of labour after elections must be
made across the bar, among all Kenyans regardless of their
political stand or affiliation.
64. The 1st up to 11th Respondents (Jubilee Coalition and NASA
Alliance fraternities) have failed to complete the 20% of our
Constitution which could guide them on how to discuss
Kenyans issues vide forums where all Kenyans are represented.
65. The 1st up to 11th Respondents (Jubilee Coalition and NASA
Alliance fraternities) have failed to complete the 20% of our
Constitution which could calm down the tensions being
experienced politically, economically, militarily, educationally
among others.
66. The 1st up to 11th Respondents (Jubilee Coalition and NASA
Alliance fraternities) have failed to complete the 20% of our
Constitution which could maximize our National Security and
especially the Kenya Defense Forces who are providing
maximum security in Somali at the back up of Amisom Forces.
67. The 1st up to 11th Respondents (Jubilee Coalition and NASA
Alliance fraternities) have failed to complete 20% of our
Constitution which could enable the Kenya Armed Forces
Commander-in-Chief to now harmonize the Somali’s rebels
famous as AL-SHABAAB with their current Government for
National fair and free elections.
68. The 1st up to 11th Respondents (Jubilee Coalition and NASA
Alliance fraternities) have failed to complete the 20% of our
constitution which could enable the Kenya Armed Forces
Commander-In-Chief to now convene meetings with the
Somali’s rebels and current Government then have a fair
Somali National Constitution to enable every Somali take part
in their National development.
69. The 1st up to 11th Respondents (Jubilee Coalition and NASA
Alliance fraternities) have failed to complete the 20% of our
Constitution which could enable the Somali refugees return to
their Country peacefully.
70. The 1st up to 11th Respondents (Jubilee Coalition and NASA
Alliance fraternities) have failed to complete the 20% of our
Constitution which shall enable the withdrawal of the Kenya
Defense Forces and the Amisom after peace attained to all
Somali’s under the Government elected by majority of Somalis
following free and fair elections.
ROAD SAFETY:-
71. The Parliament has not enacted to put a weight sensor on all
motor vehicles which could fail the engines to operate in case
of any excessive weight.
72. The Parliament has not legislated that every vehicle seat shall
only be sat by one person regardless of his or her body volume
or weight.
73. The two averments above shall if enacted, reduce road
carnage, stop touts bribing our Police Officers due to excess
passengers and or excessive weight
74. The Police check points be placed at well established bus
stops to avoid traffic jam along the high ways for monitoring
compliance with traffic requirements.
75. The Ministry of Transport and Communication must effectively
create such bus stages and team up with the Kenya Police
Officers for checking and or inspecting all vehicles to know
who and what is being transported.
76. The 1st up to 10th Respondents have failed to enforce the
introduction of such team work between the Kenya Police
Officers and the Ministry for Transport and Communication
which could have tackled terrorism and corruption instances
through our roads.
77. The Insurance Companies are the correct arms to be legislated
by the Parliament for checking vehicle compliance with the
Insurance Policies and take the culprits to court.
78. The above averments shall further clean the Kenya Police
Officer’s names from being bribed to allow unworthy vehicles
as well as minimizing traffic jam on our roads.
KENYA’S NATURAL RESOURCES:-
79. The 1st up to 11th Respondents’ affiliates herein, have failed to
establish that Kenya is a World Water Tower which Supplies
Water Globally vide River Nzoia, Lake Victoria, Tana River and
Athi River.
80. The 1st up to 11th Respondents’ affiliates herein, have failed to
market Kenya’s water since the price of water per liter can be
determined vide the rivers and lakes flow-rates on daily basis
into Indian Ocean and Mediterranean Sea.
81. The Kenya’s global water supplies vide River Nzoia, Lake
Victoria, Tana River and Athi River contributes on Global
navigation for business and battle fields as well as fishery and
drinking in addition to industrialization consumption.
82. The Kenya’s global water supplies vide River Nzoia, Lake
Victoria, Tana River and Athi River contributes to high fishing
and generating electricity, then marketing all over the world.
SUMMARY:-
83. That the Political Tribal Affiliations seen from Jubilee Coalition
and NASA Alliance if not stopped constitutionally, are
highlighting Kenyans back to 1895-1961 British East Africa
Protectorate Boundaries which shall damage the highly
relations attained by Kenyans since their National Birth.
84. The Petitioner herein belief that if the ruling and the opposition
parties as well as Independent Kenyans give this suit the total
attention deserved, shall calm down and or eradicate the
tribalism affiliations for a united Kenya.
REASONS WHEREFORE:- The Petitioner herein prays to be granted the
following Orders:-
a. This Hon. Court be pleased grant orders to annul the 2017
Kenya’s National General Election due to the 1st up to 11th
Respondents having failed to comply with Article 90: Clause
2 (c), 91: Clauses 1(a –d) up to 2 (a & b) and Article 27:
Clauses 1 up to 3 and 8 as well as Articles 81: Clause E (I –
V) and Article 138: Clause 3 (c) of the Constitution, by
voting on Tribalism and Regional as well as inciting Kenyans
using hate speech and forcing the 11th Respondent to
declare the presidential winner using hacked results.
b. This Hon. Court be pleased and grant orders for nullifying
the Kenya’s 2017 National General Elections due to
Aspirants compromising voters on employment promises at
National, County and Constituency Levels.
c. This Hon. Court be pleased and grant orders compelling the
1st up to 10th Respondents herein to Legislate the
Constituency Development Funds Act and the County
Government Funds to provide for how to employee
personnel academically, so that Politicians doesn’t
compromise voters on such promises.
d. This Hon. Court be pleased and grant Orders charging the
1st up to 10th Respondents for compromising the voter using
hate speech and insulting language that “TWALA NYAMA
MWA MEZA MATE and O.D.M. INA WENYEWE in addition to
WALIIBA KURA ZETU, WACHA WAJARIBU WAKATI HUU
WATAONA” without evidence.
e. This Hon. Court be pleased and grant orders charging the
11th Respondent for failing to discipline Aspirants who used
hate speech and insulting language, then accepting to
preside over the 2017 National General Elections, whereby
Political Parties as well as Aspirants, failed to comply with the
Constitutional requirements, which has seen many Kenyans
die, injured and properties damaged maliciously.
f. This Hon. Court be pleased and grant orders condemning
the 1st up to 11th as well as 12th and 13th Respondents for
influencing and compromising the KIKUYUS, KALENJINS and
LUOS to vote on Tribalism and Regional consideration, who
have worsened our National Cohesion and divided Kenyans
by voting for their Clan Aspirant to State House Race, which
contravene Articles 90: Clause 2 (c), 91: Clauses 1(a –d) up
to 2 (a & b) and Article 27: Clauses 1 up to 3 and 8 as well as
Articles 81: Clause E (I – V) and Article 138: Clause 3 (c) of
the Constitution.
g. This Hon. Court be pleased and grant orders compelling the
1st up to 10th as well as 12th and 13th Respondents herein to
heavy get engaged in National Development for the 4 ½
years prior to embarking on Campaigns, so that they don’t
compromise VOTERS using the delayed projects.
h. This Hon. Court be pleased and grant orders that after
elections, the wining President shall have the right to team
up with all Opposition Leaders, whether elected or not for
National Development, instead of the OPPOSITION REGIONS
waiting until when their Flag Bearer wins before embarking
on Development.
i. This Hon. Court be pleased and grant orders compelling the
1st up to 10th Respondents herein to Legislate the National
Wide Presidential and his Deputy Roster County – wise as
averred vide paragraphs 18th up to 21st so that the TWO
LEADER don’t cling to their home or regional Counties.
j. This Hon. Court be pleased and grant orders directing the 5th
up to 7th Respondent’s affiliates mass demonstrators from
Western Kenya, Nairobi and Mombasa to demonstrate only
after electorates from the polling stations where their flag
bearer losses, are disputing against the declared results by
the IEBC Commissioners, which shall evidence and
maximize their cry and call for justice pragmatically.
k. This Hon. Court be pleased and grant orders charging the
5th up to 7th Respondents herein for misusing the LUO
COMMUNITY to demonstrate against their own votes voted
for Hon. Raila Amolo Odinga, which means the LUO
COMMUNITY is praying for their VOTES voted for Hon. Raila
Amolo Odinga to be declared null and void, since the
KIKUYUS, KALENJINS and LUOS do only vote on Regional and
Tribalism Affiliation under this Kenyans’ Tribalism Regime
violating and contravening Article 27: Clauses 1up to 3 and
8, Article 90: Clause 2 (c)and Article 91: Clauses 1(a – h & 2
a – c) of the Constitution.
l. This Hon. Court be pleased and grant orders condemning
the Tribalism and Regional demonstrations against matters
to be decided by majority of Kenyans.
m. This Hon. Court be pleased and grant Orders warning the
Public that any Public Member who will be ARMED with
blunt and or sharp objects, firing materials, interfering with
peaceful Kenyans as well as damaging properties, shall be
pursued by Military Experts against bandits as well as rebels.
n. This Hon. Court be pleased and grant orders upgrading the
demos witnessed on 18th August, 2017 as we were eagerly
longing for NASA PETITION, to be the best now witnessed
from Kenyan Protesters.
o. This Hon. Court be pleased and grant orders nullifying the
IEBC results from COUNTY GOVERNMENTS where electorates
are demonstrating against such results, then re-schedule
fresh elections for such Counties.
p. This Hon. Court be pleased and grant Orders declaring the
non Statute NASA TALLYING CENTER and their results aired
by Hon. Wycliffe Musalia Mudavadi and Hon. James
Orengo as:- Hon. Raila Amolo Odinga 8,425, 134 against
Hon. President Uhuru Mwigai Kenyatta 7,846,528 to be
unknown under Article 138: Clause 3 (c) of the Constitution
and other Kenya’s Statutes.
q. This Hon. Court be pleased and grant Orders charging the
5th up to 7th Defendants for forging and using un
Constitutional NASA TALLYING CENTER to hacker the IEBC
Legal Process as well as using Hon. Wycliffe Musalia
Mudavadi and Hon. James Orengo to air forged results, then
compel them to pay for the lives lost, injured Kenyans and
damaged properties.
r. This Hon. Court be pleased and grant Orders that a winning
Party must distribute all Cabinet and Diplomats jobs to all 42
tribes before adding the second chance to any other, when
forming the Government, since such a party or
coalition/alliance has candidates across the Republic, so
that the Formed Government reflects a National Character
under Article 90: Clause 2 (c), Article 91: Clauses 1(a –d) up
to 2 (a & b) and Article 27: Clauses 1 up to 3 and 8 of the
Constitution.
s. This Hon. Court be pleased and grant orders compelling the
1st up to 10th Respondents’ affiliates to harmonize all old and
newly created jobs National wide by way of JOB CRITIQUE
which shall put Custodian National Development Arms like
the Ministry of Education and Ministry of Medical Services
among others within their range of performance and
remunerations thereof, so that Kenyans can’t abandon their
professional employment to politics.
t. This Hon. Court be pleased and grant orders compelling the
1st up to 10th Respondents’ affiliates to decentralize the
amalgamated industries at Nairobi and Kitengela to be
devolved Regional wise i.e. Western Kenya, Eastern Kenya,
Southern Kenya, Coastal Kenya and Northern Kenya since
the products thereof are highly used across the Republic.
u. This Hon. Court be pleased and grant orders compelling the
1st up to 10th Respondents’ herein to complete the
CONSTITUTION as averred vide paragraphs No. 55 up to 68
to complete the remaining 20% of our Constitution by way
of Referendum as leaders, after the launching of the 2010
Kenya’s Constitution which shall zeal loopholes being
misused by Politicians to incite Kenyans.
v. This Hon. Court be pleased and grant orders directing the 1st
up to 4th as well as 7th up to 10th Respondents herein, to
apply peaceable finishing in Somalia by bringing together
the AL-Shabaabu and the Kenya Defense Forces as well as
the Somali Government among other peace keeping Arms
to negotiate the way forward for the true Somalis’
Democratic Government which has ever since damaged
our National Economy and Security.
w. This Hon. Court be pleased and grant Orders directing the
1st up to 10th Respondents to allow Public-Day-Schools have
Extensible Tuition Programs, so that children whom parents
can’t afford Boarding School Fees costs, can benefit from
such preps, because they pursue the same National Exams
with Boarding Schools Children.
x. This Hon. Court be pleased and grant orders compelling the
1st up to 10th Respondents to Supplementary Legislate that,
the Insurance Companies shall be confirming vehicle
compliance with Insurance Act and Motor Engineering
Companies to monitor un - road - worthy vehicles so that
we stop touts from bribing and tarnishing our Police Officers’
names, which may reduce Road-Carnage.
y. This Hon. Court be pleased and grant orders compelling the
1st up to 10th Respondents herein, to Legislate a Kenya’s
Natural Resources Act which shall enable Kenyans to
benefit from River Nzoia, Lake Victoria, River Tana and Athi
River waters Internationally, as averred vide the 76th up to
79th averments.
z. That this Hon. Court be pleased and grant orders for the
Petitioner herein to be paid 50% of the 1st up to 11th
Respondents’ salaries, since they failed to render their
services to the Electorates and the Nation at large.
DATED AT…………….………. ON THIS….….. DAY OF………....…….., 2017
………………….
BENJAMIN BARASA WAFULA
(PETITIONER/INTERESTED PARTY)
DRAWN & FILED BY:-
BENJAMIN BARASA WAFULA,
P.O BOX 484-50205,
WEBUYE.
TO BE SERVED UPON:-
4. ATTORNEY GENERAL, SHERIA HOUSE, 4TH FLOOR, HARAMBEE AVENUE,
P.O BOX …………………………….…NAIROBI, FOR THE 1ST up to 4th and
8th up to 10th RESPONDENTS.
5. HON. RAILA AMOLO ODINGA, C/O ORANGE HOUSE @menelik ROAD
OFF NGONG ROAD OPPOSITE MENELIK HOUSE, NAIROBI, for the 2nd
RESPONDENT.
6. HON. STEPHEN KALONZO MUSYOKA, C/O TENDE DRIVEBUILDING, OFF
JAMES GICHURU ROAD, LOVINGTONE, NAIROBI.
7. HON. MOSES MASIKA WETANG’ULA, C/O THE SENATE PARLIAMENT,
NAIROBI.
8. INDEPENDENT ELECTORAL COMMISSION COMMISSIONERS, C/O
LAWYERS HON. PAUL MITE, KAMAU KARORI, PROF. PLO LUMUMBA,
PAUL NYAMODI and EDWIN MUKELE.
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
CIVIL SUIT NO. 5 OF 2016
BENJAMIN BARASA WAFULA………………………………………..……..PLAINTIFF
VERSUS
PRESIDENT UHURU MWIGAI KENYATTA (REPUBLIC)..……....……1ST DEFENDANT
DEPUTY PRESIDENT WILLIAM SAMOEI RUTO (REPUBLIC)...…….2ND DEFENDANT
MAJORITY LEADER ADEN DWALE (REPUBLIC)..……..………….3RD DEFENDANT
THE 11TH NATIONAL ASSEMBLY (REPUBLIC)..………...…………..4TH DEFENDANT
HON. RAILA AMOLO ODINGA…………………...………………..5TH DEFENDANT
HON. STEPHEN KALONZO MUSYOKA…………………...….……..6TH DEFENDANT
HON. SENATOR MOSES MASIKA WETANGULA………..………...7TH DEFENDANT
THE SENATE (REPUBLIC)…..………………………….………………8TH DEFENDANT
ALL THE 47TH COUNTY GOVERNMENTS GOVERNORS...…...…..9TH DEFENDANT
ALL MEMBERS OF COUNTY ASSEMBLIES …...…………..……….10TH DEFENDANT
INDEPENDENT ELECTORAL AND
BOUNDARIES COMMISSION COMMISSIONERS .…………….11TH DEFENDANT
TO THE HON. JUDGE ALI ABIDA ARONI
THRO:-
DEPUTY REGISTRAR,
HIGH COURT OF KENYA AT BUNGOMA,
P.O BOX 365 – 50200,
BUNGOMA.
Dear Sir/Madam,
REF:- APPLICATION DATED 13TH MAY, 2017
I, hereby request this Hon. Court to squeeze the above mentioned for
hearing in June, 2017; since the registry in-charge has informed me
that dates are only available from September, 2017 onwards.
These matters are premised on 2017 National General Elections,
whereby if heard before 8th August, 2017; the Plaintiff herein shall be
able to address Tribalism and Regional Affiliation which has always left
many Kenyans dead and or injured in addition to lose and malicious
damages on properties.
I failed to serve the Application pursuant to Court Order issued on
15th March, 2017 because the Media needed Kshs 25,000/= (Kshs
Twenty five thousand only) which I didn’t have.
I requested for leave of Court and the Hon. Judge granted me the
said leave on 8th May, 2017; whereby now I have gotten the Media for
advertising my Application @ Kshs 8,000/=.
That since 9th May, the Registry in-charge is listing these matters the
earliest in September, 2017. The proposed schedule shall make this suit
overtaken by events if at all placed after the 8th August, 2017 National
General Elections.
I therefore humbly request this Hon. Court to hear these matters on
priorities, so that we may be able to protect Kenyans against being
misused on Tribal Regional Affiliation.
That I further request the Hon. Judge ALI ABIDA ARONI to sacrifice one
week from her annual leave days and preside over these appealing
matters, so that we don’t donate or contribute for post election
violence victims account, after the 8th August, 2017 National General
Elections.
DATED AT …………..……… ON THIS …..…….. DAY OF ……..….………2017
…………………….
BENJAMIN BARASA WAFULA
(PLAINTIFF/APPLICANT)
DRAWN & FILED BY:
BENJAMIN BARASA WAFULA
P.O BOX 484-50205
WEBUYE.
TO BE SERVED BY WAY OF ADVERTISEMENT
1. STATE COUNSEL OFFICE, KVDA PLAZA, 9TH FLOOR, OLOO STREET, P.O BOX
4024-03100, ELDORET, FOR THE 1ST up to 4th and 7TH UP TO 11TH DEFENDANTS.
2. HON. RAILA AMOLO ODINGA, C/O ORANGE HOUSE @menelik ROAD OFF
NGONG ROAD OPPOSITE MENELIK HOUSE.
3. HON. KALONZO MUSYOKA, TENDE DRIVE BUILDING, OFF JAMES GICHURU
ROAD, LOVINGTON, NAIROBI.
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
CIVIL SUIT NO. 5 OF 2016
BENJAMIN BARASA WAFULA………………………………………..……..PLAINTIFF
VERSUS
PRESIDENT UHURU MWIGAI KENYATTA (REPUBLIC)..……....……1ST DEFENDANT
DEPUTY PRESIDENT WILLIAM SAMOEI RUTO (REPUBLIC)...…….2ND DEFENDANT
MAJORITY LEADER ADEN DWALE (REPUBLIC)..……..………….3RD DEFENDANT
THE 11TH NATIONAL ASSEMBLY (REPUBLIC)..………...…………..4TH DEFENDANT
HON. RAILA AMOLO ODINGA…………………...………………..5TH DEFENDANT
HON. STEPHEN KALONZO MUSYOKA…………………...….……..6TH DEFENDANT
HON. SENATOR MOSES MASIKA WETANGULA………..………...7TH DEFENDANT
THE SENATE (REPUBLIC)…..………………………….………………8TH DEFENDANT
ALL THE 47TH COUNTY GOVERNMENTS GOVERNORS...…...…..9TH DEFENDANT
ALL MEMBERS OF COUNTY ASSEMBLIES …...…………..……….10TH DEFENDANT
INDEPENDENT ELECTORAL AND
BOUNDARIES COMMISSION COMMISSIONERS .…………….11TH DEFENDANT
CERTIFICATE OF URGENCY
Let the Application dated 13th April, 2017 be placed before the Hon.
Judge in chambers for disposal on priorities due to the utmost urgency
hereof.
THE NATURE OF THE URGENCY IS THAT:
1. These matters are filed against Political Parties Affiliation on
tribalism and regional affiliation which do result to post election
violence leaving many Kenyans dead and or injured.
2. Therefore the urgency given to determine this suit before August
2017 General Elections, shall eradicate tribalism voting and
demonstration on regional and tribalism basis.
3. The 2017 National General Elections preparation have not
achieved Constitutional Requirements, which signifies the unfair
and free elections.
4. The Leaders of various parties are heard compromising some
particular region electorates to vote for a particular candidate
while the elections must be free and fair as a personal and
individual decision.
5. The Government has denied children from day schools and poor
families to have enough preps time, while such children are
readying for the same National Exams with Boarding Schools
children.
6. The salary remuneration Commission has guessed salaries in the
next Government (2017 - 2022) without the exercise of National
Job grading.
7. We need Anti-Tribalism Legislation Act in place prior to 8th August,
2017 National General Elections for guiding on National Voting
Constitutionally.
8. That I have now got the fee for serving the Application dated 13th
March, 2017 by way of Advertisement pursuant to Court Order
dated 15th March, 2017.
9. If this Application is given the urgency deserved, Kenyans shall
vote freely without a worry of who is to die next following the
looming post-elections violence and secure Kenyans from
suffering irreparably.
DATED AT …………..……… ON THIS …..…….. DAY OF ……..….………2017
…………………….
BENJAMIN BARASA WAFULA
(PLAINTIFF/APPLICANT)
DRAWN & FILED BY:
BENJAMIN BARASA WAFULA
P.O BOX 484-50205
WEBUYE.
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
CIVIL SUIT NO. 5 OF 2016
BENJAMIN BARASA WAFULA…………………………………………..……..PLAINTIFF
VERSUS
PRESIDENT UHURU MWIGAI KENYATTA (REPUBLIC)..…….......……1ST DEFENDANT
DEPUTY PRESIDENT WILLIAM SAMOEI RUTO (REPUBLIC)...……….2ND DEFENDANT
MAJORITY LEADER ADEN DWALE (REPUBLIC)..……..…………….3RD DEFENDANT
THE 11TH NATIONAL ASSEMBLY (REPUBLIC)..………...……….……..4TH DEFENDANT
HON. RAILA AMOLO ODINGA…………………...…………………..5TH DEFENDANT
HON. STEPHEN KALONZO MUSYOKA…………………...…….……..6TH DEFENDANT
HON. SENATOR MOSES MASIKA WETANGULA…………..………...7TH DEFENDANT
THE SENATE (REPUBLIC)…..………………………….…………………8TH DEFENDANT
ALL THE 47 COUNTY GOVERNMENTS GOVERNORS...……......…..9TH DEFENDANT
ALL MEMBERS OF COUNTY ASSEMBLIES …...…………..………….10TH DEFENDANT
INDEPENDENT ELECTORAL AND
BOUNDARIES COMMISSION COMMISSIONERS .…………….….11TH DEFENDANT
ORDER This matter coming up under certificate of urgency for hearing of the Application
dated 13th March, 2017 in chambers before the Honourable lady justice ALI ARONI,
in the absence of the parties.
IT IS HEREBY ORDERED AS FOLLOWS:
1. To begin with the Doctors and Lecturers strikes were called off, nothing
further with the issue of the doctors which was for sometime being handled
ably and amicably by the Court of Appeal. I can safely say that prayers 1 &
2 have been taken over by events.
2. Prayer 3 is a policy issue and interim orders may not really be issued as
prayed.
3. Prayer 4 will be determined by availability of dates in the calendar and diary
of Bungoma High Court.
4. The Applicant is hereby directed to serve all parties concerned with this
Application by way of local advertisement in one local Daily Newspaper
with a wide National Circulation at his own expenses.
GIVEN UNDER MY HAND AND SEAL OF THIS HONORABLE COURT
THIS …………….….............. DAY OF …......................................................., 2017
ALI ARONI - JUDGE
ISSUED AT BUNGOMA THIS …………..............DAY OF ………..…..................., 2017.
…………………………………………….
DEPUTY REGISTRAR- BUNGOMA
PENAL CLAUSE: “This is valid Court Order, any party that disobeys the same shall be
in court Contempt, liable for imprisonment of a period not exceeding six months or
a fine and/or both terms applicable.”
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
CIVIL SUIT NO. 5 OF 2016
BENJAMIN BARASA WAFULA………………………………………..……..PLAINTIFF
VERSUS
PRESIDENT UHURU MWIGAI KENYATTA (REPUBLIC)..……....……1ST DEFENDANT
DEPUTY PRESIDENT WILLIAM SAMOEI RUTO (REPUBLIC)...…….2ND DEFENDANT
MAJORITY LEADER ADEN DWALE (REPUBLIC)..……..………….3RD DEFENDANT
THE 11TH NATIONAL ASSEMBLY (REPUBLIC)..………...…………..4TH DEFENDANT
HON. RAILA AMOLO ODINGA…………………...………………..5TH DEFENDANT
HON. STEPHEN KALONZO MUSYOKA…………………...….……..6TH DEFENDANT
HON. SENATOR MOSES MASIKA WETANGULA………..………...7TH DEFENDANT
THE SENATE (REPUBLIC)…..………………………….………………8TH DEFENDANT
ALL THE 47TH COUNTY GOVERNMENTS GOVERNORS...…...…..9TH DEFENDANT
ALL MEMBERS OF COUNTY ASSEMBLIES …...…………..……….10TH DEFENDANT
INDEPENDENT ELECTORAL AND
BOUNDARIES COMMISSION COMMISSIONERS .…………….11TH DEFENDANT
CERTIFICATE OF URGENCY
Let the Application dated 13th April, 2017 be placed before the Hon.
Judge in chambers for disposal on priorities due to the utmost urgency
hereof.
THE NATURE OF THE URGENCY IS THAT:
1. The Registry in-charge is placing these matters for hearing either
in September or October 2017 which shall make this suit to be
overtaken by events and therefore damage the Plaintiff’s
pleadings.
2. These matters are filed against Political Parties Affiliation on
tribalism and regional affiliation which do result to post election
violence leaving many Kenyans dead and or injured.
3. Therefore the urgency given to determine this suit before August
2017 General Elections, shall eradicate tribalism voting and
demonstration on regional and tribalism basis.
4. The 2017 National General Elections preparation have not
achieved Constitutional Requirements, which signifies the unfair
and free elections.
5. The Leaders of various parties are heard compromising some
particular region electorates to vote for a particular candidate
while the elections must be free and fair as a personal and
individual decision.
6. The Government has denied children from day schools and poor
families to have enough preps time, while such children are
readying for the same National Exams with Boarding Schools
children.
7. The salary remuneration Commission has guessed salaries in the
next Government (2017 - 2022) without the exercise of National
Job grading.
8. We need Anti-Tribalism Legislation Act in place prior to 8th August,
2017 National General Elections for guiding on National Voting
Constitutionally.
9. That I have now got the fee for serving the Application dated 13th
March, 2017 by way of Advertisement pursuant to Court Order
dated 15th March, 2017.
10. If this Application is given the urgency deserved, Kenyans shall
vote freely without a worry of who is to die next following the
looming post-elections violence and secure Kenyans from
suffering irreparably.
DATED AT …………..……… ON THIS …..…….. DAY OF ……..….………2017
…………………….
BENJAMIN BARASA WAFULA
(PLAINTIFF/APPLICANT)
DRAWN & FILED BY:
BENJAMIN BARASA WAFULA
P.O BOX 484-50205
WEBUYE.
LIST OF WITNESSES
The Plaintiff herein invites the following and any other Kenyans to file their
witness statements about these matters which are hazardous to our long
lived peaceful beloved Nation Kenya.
1. Kenya National Union of Teachers Secretary General.
2. Kenya National Union of Teachers Chairman.
3. Kenya National Union of Teachers Treasurer.
4. Kenya Union of Post Primary Education Teachers Chairman.
5. Kenya Union of Post Primary Education Teachers Secretary General.
6. Kenya Union of Post Primary Education Treasurer.
7. Hon. Musalia Mudavadi.
8. Hon. Peter Kenneth.
9. Hon. Raphael Tuju.
10. Hon. Mohammed Abduba Dida
11. Hon. Cyrus Jirongo
12. The Hon. Secretary General (COTU) Mr. Francis Atwoli “and”
13. Any other willing Kenyan.
DATED AT……………….…….….THIS……………..DAY OF………..…………..2016
………………….
BENJAMIN BARASA WAFULA
PLAINTIFF
DRAWN & FILED BY:
BENJAMIN BARASA WAFULA
P.O BOX 484-50205
WEBUYE.
TO BE SERVED UPON:
1. STATE COUNSEL OFFICE, KVDA PLAZA, 9TH FLOOR,
OLOO STREET, P.O BOX 4024-03100, ELDORET,
FOR THE 1ST up to 4TH AND 7TH UP TO 11TH DEFENDANTS.
2. HON. RAILA AMOLO ODINGA, C/O ORANGE HOUSE @menelik ROAD
OFF NGONG ROAD OPPOSITE MENELIK HOUSE.
3. HON. KALONZO MUSYOKA, TENDE DRIVE BUILDING, OFF JAMES
GICHURU ROAD, LOVINGTON, NAIROBI.
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
CIVIL SUIT NO. 5 OF 2016
BENJAMIN BARASA WAFULA………………………………………..……..PLAINTIFF
VERSUS
PRESIDENT UHURU MWIGAI KENYATTA (REPUBLIC)..……....……1ST DEFENDANT
DEPUTY PRESIDENT WILLIAM SAMOEI RUTO (REPUBLIC)...…….2ND DEFENDANT
MAJORITY LEADER ADEN DWALE (REPUBLIC)..……..………….3RD DEFENDANT
THE 11TH NATIONAL ASSEMBLY (REPUBLIC)..………...…………..4TH DEFENDANT
HON. RAILA AMOLO ODINGA…………………...………………..5TH DEFENDANT
HON. STEPHEN KALONZO MUSYOKA…………………...….……..6TH DEFENDANT
HON. SENATOR MOSES MASIKA WETANGULA………..………...7TH DEFENDANT
THE SENATE (REPUBLIC)…..………………………….………………8TH DEFENDANT
ALL THE 47TH COUNTY GOVERNMENTS GOVERNORS...…...…..9TH DEFENDANT
ALL MEMBERS OF COUNTY ASSEMBLIES …...…………..……….10TH DEFENDANT
INDEPENDENT ELECTORAL AND
BOUNDARIES COMMISSION COMMISSIONERS .…………….11TH DEFENDANT
PLAINTIFF’S WITNESS STATEMENT
I, BENJAMIN BARASA WAFULA being the Plaintiff herein, do witness about
these matters as follows:-
1. That I am not seeking any National or non Governmental
Representation, but am filing these matters as an Independently
aggrieved Kenyan for the betterment of the Kenyan Public or
National Interest which shall either give any elected party i.e. CORD
Alliance or JUBILEE Coalition rule this Nation peacefully.
2. That I have witnessed the disappearance of several Kenyans who
have been appointed or volunteered to handle sensitive National
matters touching Principal people either in Government of opposition.
3. That I request the President of the Republic of Kenya Hon. Uhuru
Mwigai Kenyatta, his Deputy Hon. William Samoei Ruto and the
majority leader Hon. Aden Dwale as well as the three CORD Principals
namely Raila Amolo Odinga, Stephen Kalonzo Musyoka and Moses
Masika Wetang’ula among their affiliation fraternities to care for my
life so that we better our beloved Nation Kenya for our future siblings
enjoyment.
4. That I have filed these matters in person without doing it through the
Area Members of Parliament and Members of County Assembly
because they do evade me in any of their forum since I have sued
uncles and or relatives to some of them who grabbed my father’s
land.
5. That I have filed these matters in person without doing it through the
Area State Officers because they do evade me in any of their forum
since I have sued some of them and or their relatives who grabbed my
father’s land.
6. That I have severally and frequently heard and seen the Jubilee
Fraternity addressing the Republic through different medias, that
Kenyans in other Political affiliations must wait for 2032 before
attempting for State House Tenancy.
7. That the CORD Alliance Fraternity has misplaced the 2013 National
General Election forgetting that the Jubilee Coalition and CORD
Alliance are founded on tribalism whereby the tyranny of numbers
speaks louder than democracy, but not the IEBC Commissioners
Scandals.
8. That the Political Tribal Affiliations seen from Jubilee Coalition and
CORD Alliance if not stopped constitutionally, are highlighting Kenyans
back to 1895-1961 British East Africa Protectorate Boundaries which
shall damage highly relations attained by Kenyans since our Nation
Birth.
9. That I have witnessed the Jubilee Coalition and CORD Alliance
Fraternities preaching political and tribalism in church services and
funeral gatherings, in state of humbling for church pastor’s blessings
and consoling the bereaved.
10. That the exercise being witnessed from the CORD Alliance
Demonstrations after the ICC dismissing the 2013 post election
violence, are nothing but showing the entire CORD Alliance
Fraternities are ready to repeat the 2007 General Election history.
11. That it shall be more democratic when or if the CORD Alliance
Fraternities from part of Western Kenya, Nairobi and Mombasa resigns
from holding the offices which were imposed to them by the IEBC
Commissioners to maximize their justice demonstrations.
12. That we have seen enough from the Western Kenya, Nairobi and
Mombasa demos, therefore the CORD Alliance if still interested in mass
demonstrations can now seek for authority to demonstrate in Northern
Kenya, Central Kenya, Sothern Kenya, Eastern Kenya and the
remaining parts of Rift Valley County wise to better their allegations
against IEBC Commissioners.
13. That the IEBC Commissioners are Kenyans covered by our current
constitution. Therefore they have a right to defend themselves and or
be given evidence pertaining their accusations prior to being ejected
from their offices.
14. That the IEBC Commissioners have failed and or neglected to ensure
all political parties have had fair and fair party elections for a National
character.
15. The CORD Alliance Fraternity have been seen severally taking law in
hand and disrupt several party and National forums which denies
other Kenyans the right to vote, express and represent which has
denied the ODM – CORD to have an elected officer bearers and
therefore making even the CORD Principal Raila Amolo Odinga to
hold party matters un constitutionally.
16. That there are only seven months to the National 2017 General
Elections, but the ODM –CORD and CORD Alliance Fraternities have
not identified their Presidency Flag Bearer to state house, Deputy
President and Leader ofMajority as regards their ambitions, while the
Jubilee Coalition has maximized its plans, which in the last minute shall
see the CORD Alliance Fraternity claiming about stolen votes at the
expense of its poor preparation.
17. That the devolved Government means taking National Resources
such as industries, universities and colleges among other requirements
within all consumers jurisdiction regions as per their basic needs and or
demands, but not to continue with the amalgamation of investment in
few regions of the Country.
18. That during the Ministry of Education demos by teachers, the state
through the Deputy President and other various leaders promised to
harmonize teachers among all other jobs in the Country. But to date
none of the Jubilee Coalition’s and or CORD Alliance’s Fraternities are
talking about such.
19. The leaders continued incentive to the plight of Employees across the
Republic, have seen more Kenyans dying due to lack of medical
services, while educationists league National Exams, then Politicians
get grounds for bettering their campaigns to state house.
20. That both Government and Opposition Leaders do wait to console
Kenyans following severe road accidents, instead
21. That after the 2013 Supreme Verdict, the CORD Principal Leader Hon.
Raila Amolo Odinga addressed the Nation that Kenya is bigger to him
and accepted the Supreme Verdict decision. Therefore his insulting
language that “Waliiba kura zetu, Wacha wajaribu wakati huu
wataona” Prompts ethnic clashes after the 2017 General Elections.
22. That it is in the interest of justice a National Leader to gann at-least
25% of every County which shall guarantee National majority in the
interest of the declared Presidential winner to avoid party wrangles in
terms of the current Rule of simple Majority that promotes ethnicity
ganging for State House Tenancy.
23. That water is a chemical whose price is known nationally and
globally. Therefore Kenya being the water tower from the equator its
water improves the economy of the Countries alongside River Nile and
Mediterranean Sea as well as Indian Ocean.
24. That the wealth obtained from fishery, agriculture and navigation of
various businesses could be shared percentagewise to the water
tower producer.
25. That I have severally witnessed the CORD Alliance Fraternity teaming
up with various demonstrators on streets and or Uhuru Park among
other places, but in the final analysis they leave the disputes unsettled
and change to other newly established grievances in the Country.
26. That the battle between Jubilee Coalition and CORD Alliance basing
on tyrant of numbers against the oppositions and or working at the
interest of failing the ruling party, has seen many students being
disqualified on examinations theft.
27. That since the Government of Kenya accepted to create peace in
Somali through war battles, it should now call upon peace talks with all
the Somalis including the rebels famous as Al-Shabaabs for uniting and
have their proper forums to guarantee a peaceful Somali for bettering
peace and economy of East and Central Africa Regions as well as the
rest of the world.
28. That after the international peace consultations, the Kenya
Government can now return the refugees who are our brothers and
sisters and or our children and parents within East and Central African
region, to their respect homes in Somalia.
29. That is all I can witness in these matters and am ready for cross
examination and pre trial questionnaire before any court of law.
DATED AT……………….…….….THIS……………..DAY OF………..…………..2016
………………….
BENJAMIN BARASA WAFULA
PLAINTIFF
DRAWN & FILED BY:
BENJAMIN BARASA WAFULA, P.O BOX 484-50205, WEBUYE.
TO BE SERVED UPON:
4. STATE COUNSEL OFFICE, KVDA PLAZA, 9TH FLOOR, OLOO STREET, P.O BOX
4024-03100, ELDORET, FOR THE 1ST up to 4th and 7TH UP TO 11TH DEFENDANTS.
5. HON. RAILA AMOLO ODINGA, C/O ORANGE HOUSE @menelik ROAD OFF
NGONG ROAD OPPOSITE MENELIK HOUSE.
6. HON. KALONZO MUSYOKA, TENDE DRIVE BUILDING, OFF JAMES GICHURU
ROAD, LOVINGTON, NAIROBI.
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
CIVIL SUIT NO. 5 OF 2016
BENJAMIN BARASA WAFULA………………………………………..……..PLAINTIFF
VERSUS
PRESIDENT UHURU MWIGAI KENYATTA (REPUBLIC)..……....……1ST DEFENDANT
DEPUTY PRESIDENT WILLIAM SAMOEI RUTO (REPUBLIC)...…….2ND DEFENDANT
MAJORITY LEADER ADEN DWALE (REPUBLIC)..……..………….3RD DEFENDANT
THE 11TH NATIONAL ASSEMBLY (REPUBLIC)..………...…………..4TH DEFENDANT
HON. RAILA AMOLO ODINGA…………………...………………..5TH DEFENDANT
HON. STEPHEN KALONZO MUSYOKA…………………...….……..6TH DEFENDANT
HON. SENATOR MOSES MASIKA WETANGULA………..………...7TH DEFENDANT
THE SENATE (REPUBLIC)…..………………………….………………8TH DEFENDANT
ALL THE 47TH COUNTY GOVERNMENTS GOVERNORS...…...…..9TH DEFENDANT
ALL MEMBERS OF COUNTY ASSEMBLIES …...…………..……….10TH DEFENDANT
INDEPENDENT ELECTORAL AND
BOUNDARIES COMMISSION COMMISSIONERS .………….….11TH DEFENDANT
LIST OF DOCUMENTS
1. OXFORD 360OATLAS FROM 1895 - 1961
2. OXFORD 360OATLAS FROM 1896 – 1956
DATED AT……………….……….THIS……………..DAY OF………………..…………..2016
………………….
BENJAMIN BARASA WAFULA
PLAINTIFF
DRAWN & FILED BY:
BENJAMIN BARASA WAFULA
P.O BOX 484-50205
WEBUYE.
TO BE SERVED UPON:
1. STATE COUNSEL OFFICE, KVDA PLAZA, 9TH FLOOR,
OLOO STREET, P.O BOX 4024-03100, ELDORET,
FOR THE 1ST up to 4th and 7TH UP TO 11TH DEFENDANTS.
2. HON. RAILA AMOLO ODINGA, C/O ORANGE HOUSE @menelik ROAD
OFF NGONG ROAD OPPOSITE MENELIK HOUSE.
3. HON. KALONZO MUSYOKA, TENDE DRIVE BUILDING, OFF JAMES
GICHURU ROAD, LOVINGTON, NAIROBI.
REPUBLIC OF KENYA
IN THE SUPREME COURT OF KENYA AT NAIROBI
PETITION NO. OF 2017
(FORMERLY THE HIGH COURT OF KENYA AT BUNGOMA
CIVIL SUIT NO. 5 OF 2016)
BENJAMIN BARASA WAFULA………………………….……PLAINTIFF/PETITIONER
VERSUS
PRESIDENT UHURU MWIGAI KENYATTA (REPUBLIC)..……....……1ST DEFENDANT
DEPUTY PRESIDENT WILLIAM SAMOEI RUTO (REPUBLIC)...…….2ND DEFENDANT
MAJORITY LEADER ADEN DWALE (REPUBLIC)..……..………….3RD DEFENDANT
THE 11TH NATIONAL ASSEMBLY (REPUBLIC)..………...…………..4TH DEFENDANT
HON. RAILA AMOLO ODINGA…………………...………………..5TH DEFENDANT
HON. STEPHEN KALONZO MUSYOKA…………………...….……..6TH DEFENDANT
HON. SENATOR MOSES MASIKA WETANGULA………..………...7TH DEFENDANT
THE SENATE (REPUBLIC)…..………………………….………………8TH DEFENDANT
ALL THE 47TH COUNTY GOVERNMENTS GOVERNORS...…...…..9TH DEFENDANT
ALL MEMBERS OF COUNTY ASSEMBLIES …...…………..……….10TH DEFENDANT
INDEPENDENT ELECTORAL AND
BOUNDARIES COMMISSION COMMISSIONERS .…………….11TH DEFENDANT
BENJAMIN BARASA WAFULA……………………………………………….PETITIONER
VERSUS
REPUBLIC……………………………………………………..………….1ST RESPONDENT
OPPOSITION……………………………….…………………………..2ND RESPONDENT
VERIFYING AFFIDAVIT
I, BENJAMIN BARASA WAFULA of P.O BOX 484-50205 Webuye, a resident of
Webuye S.A Village in Bungoma County within the Republic of Kenya do
hereby make oath and state as follows:-
1. THAT I am a male adult of sound mind named herein as the Plaintiff
hence competent to swear this Affidavit.
2. THAT I have filed these factual matters because the 1st and 2nd
Defendants herein have neglected and or ignored their Constitutional
duties the for public gain as a Nation and instead embarked on their
Regional Political Interests for State house ambitions.
3. THAT I have filed these factual matters against the 1st and 2nd
Defendants to a Court of Law since the current State House Ambitions
are purported in terms of IEBC Commissioners while the reality is due to
Tribal Alliances and Coalitions.
4. THAT I have filed these factual matters in my interest and the Public
which can benefit from the same.
5. THAT I have filed these factual matters before a Court of Law since the
Jubilee Coalition and CORD Alliance are only providing forum for their
members to handle the IEBC issues, while these ignored and long
lasted state of emergency is due to Tribalism Alliances and Coalitions.
6. THAT I have filed these factual matters before a Court of Law since the
Jubilee Coalition and CORD Alliance are un Constitutionally and
mentally torturing our fellow Kenyans who are the IEBC Commissioners
without involving the schemers as regards the Electoral Digital Balloting
System.
7. THAT I have filed these factual matters before a Court of Law because
the 1st up to 10th Defendants have failed to market Kenya’s Natural
Resources.
8. THAT all the averments contained in the Plaint filed herein are true.
9. THAT there are no similar matters determined or pending before any
court of law between same parties herein.
10. THAT I swear this affidavit verifying the correctness of the contents of
the Plaint.
11. THAT all the above deposed are true to the best of my knowledge,
information and belief.
DATED AT ………………….ON THIS……….DAY OF……………..……2017
SWORN BY THE SAID:
BENJAMIN BARASA WAFULA ON THIS…………………DAY OF…………………. 2017 ………………
BEFORE ME: DEPONENT
MAGISTRATE/COMMISSIONER FOR OATHS
DRAWN & FILED BY:
BENJAMIN BARASA WAFULA
P.O BOX 484-50205
WEBUYE
TO BE SERVED UPON:
1. STATE COUNSEL OFFICE, KVDA PLAZA, 9TH FLOOR,
OLOO STREET, P.O BOX 4024-03100, ELDORET,
FOR THE 1ST up to 4th and 7TH UP TO 11TH DEFENDANTS.
2. HON. RAILA AMOLO ODINGA, C/O ORANGE HOUSE @menelik ROAD
OFF NGONG ROAD OPPOSITE MENELIK HOUSE.
3. HON. KALONZO MUSYOKA, TENDE DRIVE BUILDING, OFF JAMES
GICHURU ROAD, LOVINGTON, NAIROBI.
REPUBLIC OF KENYA
IN THE SUPREME COURT OF KENYA AT NAIROBI
PETITION NO. OF 2017
(FORMERLY THE HIGH COURT OF KENYA AT BUNGOMA
CIVIL SUIT NO. 5 OF 2016)
BENJAMIN BARASA WAFULA………………………….……PLAINTIFF/PETITIONER
VERSUS
PRESIDENT UHURU MWIGAI KENYATTA (REPUBLIC)..……....……1ST DEFENDANT
DEPUTY PRESIDENT WILLIAM SAMOEI RUTO (REPUBLIC)...…….2ND DEFENDANT
MAJORITY LEADER ADEN DWALE (REPUBLIC)..……..………….3RD DEFENDANT
THE 11TH NATIONAL ASSEMBLY (REPUBLIC)..………...…………..4TH DEFENDANT
HON. RAILA AMOLO ODINGA…………………...………………..5TH DEFENDANT
HON. STEPHEN KALONZO MUSYOKA…………………...….……..6TH DEFENDANT
HON. SENATOR MOSES MASIKA WETANGULA………..………...7TH DEFENDANT
THE SENATE (REPUBLIC)…..………………………….………………8TH DEFENDANT
ALL THE 47TH COUNTY GOVERNMENTS GOVERNORS...…...…..9TH DEFENDANT
ALL MEMBERS OF COUNTY ASSEMBLIES …...…………..……….10TH DEFENDANT
INDEPENDENT ELECTORAL AND
BOUNDARIES COMMISSION COMMISSIONERS .…………….11TH DEFENDANT
BENJAMIN BARASA WAFULA……………………………………………….PETITIONER
VERSUS
REPUBLIC……………………………………………………..………….1ST RESPONDENT
OPPOSITION……………………………….…………………………..2ND RESPONDENT
AMENDED NOTICE OF MOTION
UNDER ORDER 40: RULES 1-3 OF THE CIVIL PROCEDURES ACT CAP 21
LET ALL PARTIES CONCERNED TAKE NOTICE THAT: - the Plaintiff /Applicant
herein, has applied to move this Hon. Court on the……………..day
of………….…………2016 at 9:30 a.m. or so soon thereafter in the forenoon
about the following prayers:-
1. This Application be dispensed with, in the first instance.
2. This Hon. Court be pleased and grant ex parte orders giving these
matters the urgency deserved so that Kenyans can exploit more
efforts to stop the terrorism instances against our long lived peaceful
Republic of Kenya.
3. This Hon. Court be pleased and grant temporary ex parte orders
restraining the CORD Coalition from further demos as being vowed
and threatened for, pending the determination of this suit within 30
days of the orders’ date.
4. This Hon. Court be pleased and safe guard the Applicant’s prayers by
suspending the Kikuyu, Kalenjin and Somalis of Kenya Jubilee Alliance
as well as Luo, Akamba and Luhya CORD Coalition fourteen members
committee established to discuss the IEBC Commissioners misplaced
disputes, against the 42 tribes of Kenya, while the current election
wrangles to state house are due to tribalism affiliations’ tyrant of
numbers instead of democratic grounds.
5. This Hon. Court be pleased and grant ex parte orders directing the
CORD Coalition and its Affiliate Orange Democratic Part to have
democratically elected coalition and party officials for a national
character under Article 91 (a-c) of the Kenyans Constitution prior to
participating in National matters as a party.
6. This Hon. Court be pleased and grant ex parte temporary interlocutory
orders restraining the 1st up to 11th Defendants/ Respondents from
discussing the tribalism Jubilee Coalition and CORD Alliance election
ambitions, then direct the 1st up to 11th Defendants/Respondents to
enact through parliament legislations for eradicating tribalism political
parties, so that even minorities and or marginalized communities
aspirants can also be elected then serve the state from state house.
7. This Hon. Court be pleased and grant orders that it shall hear and
determine these matters within 30 days from the date of filing hereof
which shall enable other Interested Parties not affiliated to CORD
Alliance and or Jubilee Alliance take proper election measures in
order to fully calm down the tension in the Country.
8. That this Hon. Court be pleased and grant ex parte orders for the 1st up
to 10th Defendants/Respondents herein to provide the
Plaintiff/Applicant herein with Government Security as regards these
matters.
9. This Hon. Court be pleased and grant ex parte orders directing the
Jubilee and CORD fraternities to identify areas of their Constitutional
demonstrations, so that they don’t interfere with innocent Kenyans’
properties and businesses.
10. This Hon. Court be pleased and grant ex parte orders suspending the
ejection of IEBC Commissioners from office until the CORD Fraternities
have filed in these matters all the evidence showing how the IEBC
were compromised to interfere with the Electronic Balloting systems.
11. Costs of this Application.
ON GROUNDS THAT:
A) The forum being hurried for by the CORD fraternity to handle the IEBC
Issues doesn’t include all Kenyans Constitutionally.
B) The Jubilee fraternity is only allowing the IEBC issues out of many others
at the audience of all “Wananchi” forum, while to the understanding
Kenyans and especially the Plaintiff/Applicant herein, knows that
peace discord is due to tribalism which has been always the fare to
and rent in the State House Village.
C) The demonstrators, who claim to have been forged in office through
the IEBC Digital Electronic Facilities by the commissioners, are still
holding such offices at the expense of their demos.
D) The demonstrators are only seen in some parts of Western Kenya,
Nairobi and Mombasa but not the rest of the Country.
E) The main suit hereof is made and constructed from issues which when
handled without demonstration and maintaining the maker’s life, all
Kenyans shall continue and even triple their National peaceful
environment.
F) The demonstrations are being done by Armed hooligans and
therefore damaging, ruining, destroying properties and businesses in
addition to killing of the innocent Kenyans among.
This Application is premised on the current IEBC Scandals, the Constitution of
Kenya and any other relevant rules.
Further take notice that should any party herein fail to appear in person,
same shall be moved and ruled ex parte your absence notwithstanding.
DATED AT…………………….ON THIS…………..DAY OF……………………..2016
………………….
BENJAMIN BARASA WAFULA
PLAINTIFF/APPLICANT
DRAWN & FILED BY:
BENJAMIN BARASA WAFULA
P.O BOX 484-50205
WEBUYE.
TO BE SERVED UPON:
1. STATE COUNSEL OFFICE, KVDA PLAZA, 9TH FLOOR,
OLOO STREET, P.O BOX 4024-03100, ELDORET,
FOR THE 1ST up to 4th and 7TH UP TO 11TH DEFENDANTS.
2. HON. RAILA AMOLO ODINGA, C/O ORANGE HOUSE @menelik ROAD
OFF NGONG ROAD OPPOSITE MENELIK HOUSE.
3. HON. KALONZO MUSYOKA, TENDE DRIVE BUILDING, OFF JAMES
GICHURU ROAD, LOVINGTON, NAIROBI.
REPUBLIC OF KENYA
IN THE SUPREME COURT OF KENYA AT NAIROBI
PETITION NO. OF 2017
(FORMERLY THE HIGH COURT OF KENYA AT BUNGOMA
CIVIL SUIT NO. 5 OF 2016)
BENJAMIN BARASA WAFULA………………………….……PLAINTIFF/PETITIONER
VERSUS
PRESIDENT UHURU MWIGAI KENYATTA (REPUBLIC)..……....……1ST DEFENDANT
DEPUTY PRESIDENT WILLIAM SAMOEI RUTO (REPUBLIC)...…….2ND DEFENDANT
MAJORITY LEADER ADEN DWALE (REPUBLIC)..……..………….3RD DEFENDANT
THE 11TH NATIONAL ASSEMBLY (REPUBLIC)..………...…………..4TH DEFENDANT
HON. RAILA AMOLO ODINGA…………………...………………..5TH DEFENDANT
HON. STEPHEN KALONZO MUSYOKA…………………...….……..6TH DEFENDANT
HON. SENATOR MOSES MASIKA WETANGULA………..………...7TH DEFENDANT
THE SENATE (REPUBLIC)…..………………………….………………8TH DEFENDANT
ALL THE 47TH COUNTY GOVERNMENTS GOVERNORS...…...…..9TH DEFENDANT
ALL MEMBERS OF COUNTY ASSEMBLIES …...…………..……….10TH DEFENDANT
INDEPENDENT ELECTORAL AND
BOUNDARIES COMMISSION COMMISSIONERS .…………….11TH DEFENDANT
BENJAMIN BARASA WAFULA……………………………………………….PETITIONER
VERSUS
REPUBLIC……………………………………………………..………….1ST RESPONDENT
OPPOSITION……………………………….…………………………..2ND RESPONDENT
SUPPORTING AFFIDAVIT
I, BENJAMIN BARASA WAFULA, being a Kenyan male adult of sound mind as
well as the Plaintiff/Applicant herein, do make oath and state as follows:-
1. That I know of my own knowledge, the Demonstration being done by
the CORD fraternity are not peaceful and therefore non democratic.
2. That I know of my own knowledge, after the supreme verdict, Hon.
RAILA AMOLO ODINGA flight to Canada and when flew back, he
addressed the press that Kenyans must improvise other methods of
getting to state house.
3. That I know of my own knowledge, the Jubilee Fraternity have echoed
the retired President Daniel Toroitich Arap Moi that KANU shall rule for
the next 100 years, slogans which damages Kenyans political relation.
4. That I know of my own knowledge, the tribal affiliation to form jubilee
has made it open that the former KANU officials under the current
Government terms shall rule this Country in the slogans of KANU.
5. That I know of my own knowledge, it is only a complete and amended
Constitution of Kenya which shall guarantee peaceful Kenya politics,
but not the ejection of IEBC Commissioners from office.
6. That I know of my own knowledge, the CORD and ODM Principal has
severally and variously misled Kenyans from his region not to
understand the Constitution personally.
7. That I know of my own knowledge, there is no IEBC Commissioner who
will be good to the current CORD Alliance, unless Hon. Raila Amolo
Odinga Is in State House.
8. That I now swear all the above deposed to be true at the best of my
knowledge, information and belief.
DATED AT …………………….ON THIS……….DAY OF……………..…2016
SWORN BY THE SAID:
BENJAMIN BARASA WAFULA ON THIS…………………DAY OF…………………. 2016 ………………
BEFORE ME: DEPONENT
MAGISTRATE/COMMISSIONER FOR OATHS
DRAWN & FILED BY:
BENJAMIN BARASA WAFULA
P.O BOX 484-50205
WEBUYE
TO BE SERVED UPON:
1. STATE COUNSEL OFFICE, KVDA PLAZA, 9TH FLOOR,
OLOO STREET, P.O BOX 4024-03100, ELDORET,
FOR THE 1ST up to 4th and 7TH UP TO 11TH DEFENDANTS.
2. HON. RAILA AMOLO ODINGA, C/O ORANGE HOUSE @menelik ROAD
OFF NGONG ROAD OPPOSITE MENELIK HOUSE.
3. HON. KALONZO MUSYOKA, TENDE DRIVE BUILDING, OFF JAMES
GICHURU ROAD, LOVINGTON, NAIROBI.
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
CIVIL SUIT NO. 5 OF 2016
BENJAMIN BARASA WAFULA………………...………………..PLAINTIFF/APPLICANT
VERSUS
PRESIDENT UHURU MWIGAI KENYATTA (REPUBLIC)………1ST DEFENDANT/RESPONDENT DEPUTY PRESIDENT WILLIAM SAMOEI RUTO (REPUBLIC)…..........2ND DEFENDANT/RESPONDENT
MAJORITY LEADER ADEN DWALE (REPUBLIC)..……...…..3RD DEFENDANT/RESPONDENT
THE 11TH NATIONAL ASSEMBLY (REPUBLIC)..………….......4TH DEFENDANT/RESPONDENT
HON. RAILA AMOLO ODINGA………………….......…..….5TH DEFENDANT/RESPONDENT
HON. STEPHEN KALONZO MUSYOKA…………………..…..6TH DEFENDANT/RESPONDENT
HON. SENATOR MOSES MASIKA WETANGULA……….….7TH DEFENDANT/RESPONDENT
THE SENATE (REPUBLIC)…..…………………………………..8TH DEFENDANT/RESPONDENT ALL THE 47TH COUNTY GOVERNMENTS GOVERNORS.......……...9TH DEFENDANT/RESPONDENT
ALL MEMBERS OF COUNTY ASSEMBLIES...…….….10THDEFENDANT/RESPONDENT
INDEPENDENT ELECTORAL AND
BOUNDARIES COMMISSION COMMISSIONERS .……….…….…11TH DEFENDANT/RESPONDENT
CERTIFICATE OF URGENCY
Let the Application dated the 18th day of July, 2016 be placed before the Hon.
Judge sitting in the open court for disposal on priority basis due to the utmost
urgency hereof.
THE NATURE OF THE URGENCY IS THAT:-
1. The 1st up to 11th Defendants/Respondents herein are continually discussing
these matters out of court and damaging the Plaintiff’s/Applicant’s prayers.
2. The 1st up to 11th Defendants’/ Respondents’ utterance through public rallies
and Medias are continually worsening our National Security in various
Institutions and reading Kenyans for violence after the forth coming National
General Elections.
3. The 1st up to 11th Defendants/Respondents herein are worsening our
National Unity by ganging up and praying for National Leadership on Tribal
Political Parties.
4. The hearing of this suit on priorities shall enable Kenyans to streamline and
participate in their National General Election as one Kenya out of tribalism
boundaries, which shall guarantee security and unity for fair and free
National Elections expected in the year 2017.
5. If these matters are not given the urgency deserved, our leaders both in
Government and Opposition stand to split our Nation into tribalism territories
as were prior to 1919 and suffer irreparable losses.
DATED AT………………………..….THIS……….……..DAY OF……….…………………..2016
………………….
BENJAMIN BARASA WAFULA
PLAINTIFF/APPLICANT
DRAWN & FILED BY:
BENJAMIN BARASA WAFULA,
P.O BOX 484-50205, WEBUYE.
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
CIVIL SUIT NO. 5 OF 2016
BENJAMIN BARASA WAFULA………………………………...………………..PLAINTIFF/APPLICANT
VERSUS
PRESIDENT UHURU MWIGAI KENYATTA (REPUBLIC) & 10 OTHERS.. DEFENDANTS/RESPONDENTS
ATTENTION TO:-
PRESIDENT UHURU MWIGAI KENYATTA (REPUBLIC)………1ST DEFENDANT/RESPONDENT DEPUTY PRESIDENT WILLIAM SAMOEI RUTO (REPUBLIC)…..........2ND DEFENDANT/RESPONDENT
MAJORITY LEADER ADEN DWALE (REPUBLIC)..……...…..3RD DEFENDANT/RESPONDENT
THE 11TH NATIONAL ASSEMBLY (REPUBLIC)..………….......4TH DEFENDANT/RESPONDENT
HON. RAILA AMOLO ODINGA………………….......…..….5TH DEFENDANT/RESPONDENT
HON. STEPHEN KALONZO MUSYOKA…………………..…..6TH DEFENDANT/RESPONDENT
HON. SENATOR MOSES MASIKA WETANGULA……….….7TH DEFENDANT/RESPONDENT
THE SENATE (REPUBLIC)…..…………………………………..8TH DEFENDANT/RESPONDENT ALL THE 47TH COUNTY GOVERNMENTS GOVERNORS.......……...9TH DEFENDANT/RESPONDENT
ALL MEMBERS OF COUNTY ASSEMBLIES...…….….10THDEFENDANT/RESPONDENT
INDEPENDENT ELECTORAL AND
BOUNDARIES COMMISSION COMMISSIONERS .……….…….…11TH DEFENDANT/RESPONDENT
HEARING NOTICE
Let all parties concerned take notice that the Application dated the 12th day of July, 2016
is now listed for hearing on the 5th day of September, 2016 from the open High Court of
Kenya at Bungoma at 9:30 a.m. or so soon thereafter in the forenoon.
Further take notice that should any party herein fail to appear in person or be represented
by someone duly authorized by law, same shall be processed and ruled ex parte your
absence notwithstanding as to costs.
THE NATURE OF THE URGENCY IS THAT:-
1. The 1st up to 11th Defendants/Respondents herein are continually discussing these
matters out of court and damaging the Plaintiff’s/Applicant’s prayers.
2. The conducts of the 1st up to 11th Defendants/Respondents herein are continually
worsening our National Security in various Institutions.
3. The Plaintiff/Applicant herein being a parent is worried about the Secondary School
Students Security as schools ready to open in early September, 2016.
4. The 1st up to 11th Defendants/Respondents herein are worsening our National Unit
by ganging up and praying for National Leadership on Tribal Political Parties.
5. The forum being hurriedly used by the tribal Coalitions “CORD and JUBILEE” to
discuss the IEBC issues doesn’t involve all Kenyans and therefore shall damage the
Plaintiff’s/ Applicant’s orders if the said Application is not given the urgency
deserved.
6. If these matters are not given the urgency deserved, our leaders both in
Government and Opposition stand to split our Nation into tribalism territories as
were prior to 1919 and suffer irreparable losses.
DATED AT………………………..….THIS……….……..DAY OF……….…………………..2016
………………….
BENJAMIN BARASA WAFULA
PLAINTIFF/APPLICANT
DRAWN & FILED BY:
BENJAMIN BARASA WAFULA,
P.O BOX 484-50205, WEBUYE.
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
CIVIL SUIT NO. 5 OF 2016
BENJAMIN BARASA WAFULA……………………………….PLAINTIFF/APPLICANT
VERSUS
PRESIDENT UHURU MWIGAI KENYATTA (REPUBLIC)……..1ST DEFENDANT/RESPONDENT
DEPUTY PRESIDENT WILLIAM SAMOEI RUTO (REPUBLIC)............2ND DEFENDANT/RESPONDENT
MAJORITY LEADER ADEN DWALE (REPUBLIC)..…..…….3RD DEFENDANT/RESPONDENT
THE 11TH NATIONAL ASSEMBLY (REPUBLIC)..………..........4TH DEFENDANT/RESPONDENT
HON. RAILA AMOLO ODINGA…………………...…..…….5TH DEFENDANT/RESPONDENT
HON. STEPHEN KALONZO MUSYOKA……………………....6TH DEFENDANT/RESPONDENT
HON. SENATOR MOSES MASIKA WETANGULA…………...7TH DEFENDANT/RESPONDENT
THE SENATE (REPUBLIC)…..…………………………………..8TH DEFENDANT/RESPONDENT
ALL THE 47TH COUNTY GOVERNMENTS GOVERNORS.......……....9TH DEFENDANT/RESPONDENT
ALL STATE MEMBERS OF COUNTY ASSEMBLIES …...…..………….10TH DEFENDANT/RESPONDENT
INDEPENDENT ELECTORAL AND
BOUNDARIES COMMISSION COMMISSIONERS .…………..……11TH DEFENDANT/RESPONDENT
ORDER
This matter coming up on 25th October, 2016 in Chambers under the
Certificate of Urgency dated 25th, October, 2016 before HON. JUDGE A.
ARONI.
COURT:-
1. I have considered the Certificate before Court.
2. A fresh date be taken from the registry in the normal way.
GIVEN UNDER MY HAND AND THE SEAL OF THIS HONOURABLE COURT
THIS………………………..DAY OF…………………….……………2016
ISSUED AT BUNGOMA THIS……………….DAY OF…………………….…….2016
……………………………….
DEPUTY REGISTRAR
HIGH COURT OF KENYA AT BUNGOMA
PENAL CLAUSE
This is a valid court order whereby if any party served disobeys the same, shall be contempt
of court order and therefore liable for imprisonment or fine and or both terms applicable.
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
CIVIL SUIT NO. 5 OF 2016
BENJAMIN BARASA WAFULA………………...………………..PLAINTIFF/APPLICANT
VERSUS
PRESIDENT UHURU MWIGAI KENYATTA (REPUBLIC)………1ST DEFENDANT/RESPONDENT DEPUTY PRESIDENT WILLIAM SAMOEI RUTO (REPUBLIC)…..........2ND DEFENDANT/RESPONDENT
MAJORITY LEADER ADEN DWALE (REPUBLIC)..……...…..3RD DEFENDANT/RESPONDENT
THE 11TH NATIONAL ASSEMBLY (REPUBLIC)..………….......4TH DEFENDANT/RESPONDENT
HON. RAILA AMOLO ODINGA………………….......…..….5TH DEFENDANT/RESPONDENT
HON. STEPHEN KALONZO MUSYOKA…………………..…..6TH DEFENDANT/RESPONDENT
HON. SENATOR MOSES MASIKA WETANGULA……….….7TH DEFENDANT/RESPONDENT
THE SENATE (REPUBLIC)…..…………………………………..8TH DEFENDANT/RESPONDENT ALL THE 47TH COUNTY GOVERNMENTS GOVERNORS.......……...9TH DEFENDANT/RESPONDENT
ALL MEMBERS OF COUNTY ASSEMBLIES...…….….10THDEFENDANT/RESPONDENT
INDEPENDENT ELECTORAL AND
BOUNDARIES COMMISSION COMMISSIONERS .……….…….…11TH DEFENDANT/RESPONDENT
CERTIFICATE OF URGENCY
Let the Application dated the 26th day of October, 2016 be placed before the
Hon. Judge sitting in the open court for disposal on priority basis due to the utmost
urgency hereof.
THE NATURE OF THE URGENCY IS THAT:-
1. The Plaintiff/Applicant wishes that the entire suit be addressed and adopted
prior to our National General Election for proper National Security during
campaigns, balloting and after results.
2. If these matters are not given the urgency deserved, our leaders both in
Government and Opposition stand to split our Nation into tribalism territories
as were prior to 1919 and suffer irreparable losses.
DATED AT………………………..….THIS……….……..DAY OF……….…………………..2016
………………….
BENJAMIN BARASA WAFULA
PLAINTIFF/APPLICANT
DRAWN & FILED BY:
BENJAMIN BARASA WAFULA,
P.O BOX 484-50205,
WEBUYE.
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
CIVIL SUIT NO. 5 OF 2016
BENJAMIN BARASA WAFULA……………………………….PLAINTIFF/APPLICANT
VERSUS
PRESIDENT UHURU MWIGAI KENYATTA (REPUBLIC)……..1ST DEFENDANT/RESPONDENT
DEPUTY PRESIDENT WILLIAM SAMOEI RUTO (REPUBLIC)............2ND DEFENDANT/RESPONDENT
MAJORITY LEADER ADEN DWALE (REPUBLIC)..…..…….3RD DEFENDANT/RESPONDENT
THE 11TH NATIONAL ASSEMBLY (REPUBLIC)..………..........4TH DEFENDANT/RESPONDENT
HON. RAILA AMOLO ODINGA…………………...…..…….5TH DEFENDANT/RESPONDENT
HON. STEPHEN KALONZO MUSYOKA……………………....6TH DEFENDANT/RESPONDENT
HON. SENATOR MOSES MASIKA WETANGULA…………...7TH DEFENDANT/RESPONDENT
THE SENATE (REPUBLIC)…..…………………………………..8TH DEFENDANT/RESPONDENT
ALL THE 47TH COUNTY GOVERNMENTS GOVERNORS.......……....9TH DEFENDANT/RESPONDENT
ALL STATE MEMBERS OF COUNTY ASSEMBLIES …...…..………….10TH DEFENDANT/RESPONDENT
INDEPENDENT ELECTORAL AND
BOUNDARIES COMMISSION COMMISSIONERS .…………..……11TH DEFENDANT/RESPONDENT
NOTICE OF MOTION
LET ALL PARTIES CONCERNED TAKE NOTICE THAT: - the Plaintiff /Applicant
herein, has applied to move this Hon. Court on the……………..day
of………….…………2016 at 9:30 a.m. or so soon thereafter in the forenoon
about the following prayers:-
1. This Application be dispensed with in the first instance.
2. This Hon. High Court of Kenya at Bungoma, be pleased and
grant orders for placing the Application dated 18th July, 2016
before the Chief Justice of the Supreme Court of Kenya at
Nairobi on priorities, since the High Court of Kenya at Bungoma
Civil Registry has no diary at current.
3. That the Chief Justice of Kenya be pleased to hear and
determine these matters within 30 days from the date of the
Supreme Court’s orders, for enabling Kenyans restore proper
National peace prior to election campaigns and after the
elections results.
4. Costs of this application.
ON GROUNDS THAT:
a) The High Court of Kenya at Bungoma Civil Registry in-charge has
declined to list the Application dated 18th July, 2016 for hearing
on grounds that the court doesn’t have a diary at current.
b) The said Registry in-charge says they are waiting for the next
year’s diary before start giving fresh dates.
c) These matters are filed to be addressed and adopted in our
National General Elections process prior to official campaigns
start.
d) The failure to determine these matters within this year shall be
equally to committing suicide on innocent Kenyans who might be
killed following post election disputes.
e) Our National leaders do discourage Kenyans against tribalism but
have never implemented regulations to Kenyans voting on
National requirements.
DATED AT…………………….ON THIS…………..DAY OF……………………..2016
………………….
BENJAMIN BARASA WAFULA
PLAINTIFF/APPLICANT
DRAWN & FILED BY:
BENJAMIN BARASA WAFULA
P.O BOX 484-50205
WEBUYE.
TO BE SERVED UPON:
1. STATE COUNSEL OFFICE, KVDA PLAZA, 9TH FLOOR,
OLOO STREET, P.O BOX 4024-03100, ELDORET,
FOR THE 1ST up to 4th and 7TH UP TO 11TH DEFENDANTS.
2. HON. RAILA AMOLO ODINGA, C/O ORANGE HOUSE @menelik ROAD
OFF NGONG ROAD OPPOSITE MENELIK HOUSE.
3. HON. KALONZO MUSYOKA, TENDE DRIVE BUILDING, OFF JAMES
GICHURU ROAD, LOVINGTON, NAIROBI.
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
CIVIL SUIT NO. 5 OF 2016
BENJAMIN BARASA WAFULA………………………………….PLAINTIFF/APPLICANT
VERSUS
PRESIDENT UHURU MWIGAI KENYATTA (REPUBLIC)……..1ST DEFENDANT/RESPONDENT
DEPUTY PRESIDENT WILLIAM SAMOEI RUTO (REPUBLIC)............2ND DEFENDANT/RESPONDENT
MAJORITY LEADER ADEN DWALE (REPUBLIC)..…..…….3RD DEFENDANT/RESPONDENT
THE 11TH NATIONAL ASSEMBLY (REPUBLIC)..………..........4TH DEFENDANT/RESPONDENT
HON. RAILA AMOLO ODINGA…………………...…..…….5TH DEFENDANT/RESPONDENT
HON. STEPHEN KALONZO MUSYOKA……………………....6TH DEFENDANT/RESPONDENT
HON. SENATOR MOSES MASIKA WETANGULA…………...7TH DEFENDANT/RESPONDENT
THE SENATE (REPUBLIC)…..…………………………………..8TH DEFENDANT/RESPONDENT
ALL THE 47TH COUNTY GOVERNMENTS GOVERNORS.......……....9TH DEFENDANT/RESPONDENT
ALL STATE MEMBERS OF COUNTY ASSEMBLIES …...…..………….10TH DEFENDANT/RESPONDENT
INDEPENDENT ELECTORAL AND
BOUNDARIES COMMISSION COMMISSIONERS .…………..……11TH DEFENDANT/RESPONDENT
AFFIDAVIT SUPPORTING NOTICE OF MOTION
I, BENJAMIN BARASA WAFULA being a Kenyan male adult of sound
mind and the Plaintiff/Applicant herein do make oath and state as
follows:-
1. That I know of my own knowledge, these matters are filed about
National General Election issues to be addressed and adopted
prior to the forth coming 2017 National 12th Parliament General
Elections.
2. That I know of my own knowledge, many innocent Kenyans have
lost their lives before and after the National General Elections
following Election disputes.
3. That I know of my own knowledge, the disputes about the
National General Elections are due to Kenyans forming political
parties and voting on Regional basis.
4. That I know of my own knowledge when our grandfather’s and
father’s broke the tribal and Regional walls latest in 1919, it meant
we work and associate as united Kenyans.
5. That I know of my own knowledge, the General Elections
wrangles are due to two or three ethnic tribes uniting and
appointing candidates for various sensitive National positions.
6. That I know of my own knowledge, National General Election is a
proviso to every Kenyan from all parts of the Country to exercise
his or her right to vote and elect a representative.
7. That I know of my own knowledge, the two giant political
affiliates (JUBILEE and CORD) are causing tension prior to forth
coming National General Election by naming sensitive
candidates instead of inter-parties respective elections.
8. That I know of my own knowledge, the 10th and 11th National
Parliament have never enacted any legislation on discrimination
especially to state house.
9. That I now swear all the above deposed to be true at the best of
my knowledge, information and belief.
DATED AT …………………….ON THIS……….DAY OF……………..…2016 SWORN BY THE SAID:
BENJAMIN BARASA WAFULA ON THIS…………………DAY OF…………………. 2016 ………………
BEFORE ME: DEPONENT
MAGISTRATE/COMMISSIONER FOR OATHS
DRAWN & FILED BY:
BENJAMIN BARASA WAFULA
P.O BOX 484-50205
WEBUYE
TO BE SERVED UPON:
1. STATE COUNSEL OFFICE, KVDA PLAZA, 9TH FLOOR,
OLOO STREET, P.O BOX 4024-03100, ELDORET,
FOR THE 1ST up to 4th and 7TH UP TO 11TH DEFENDANTS.
2. HON. RAILA AMOLO ODINGA, C/O ORANGE HOUSE @menelik ROAD
OFF NGONG ROAD OPPOSITE MENELIK HOUSE.
3. HON. KALONZO MUSYOKA, TENDE DRIVE BUILDING, OFF JAMES
GICHURU ROAD, LOVINGTON, NAIROBI.
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
CIVIL SUIT NO. 5 OF 2016
BENJAMIN BARASA WAFULA……………………………….PLAINTIFF/APPLICANT
VERSUS
PRESIDENT UHURU MWIGAI KENYATTA (REPUBLIC)……..1ST DEFENDANT/RESPONDENT
DEPUTY PRESIDENT WILLIAM SAMOEI RUTO (REPUBLIC)............2ND DEFENDANT/RESPONDENT
MAJORITY LEADER ADEN DWALE (REPUBLIC)..…..…….3RD DEFENDANT/RESPONDENT
THE 11TH NATIONAL ASSEMBLY (REPUBLIC)..………..........4TH DEFENDANT/RESPONDENT
HON. RAILA AMOLO ODINGA…………………...…..…….5TH DEFENDANT/RESPONDENT
HON. STEPHEN KALONZO MUSYOKA……………………....6TH DEFENDANT/RESPONDENT
HON. SENATOR MOSES MASIKA WETANGULA…………...7TH DEFENDANT/RESPONDENT
THE SENATE (REPUBLIC)…..…………………………………..8TH DEFENDANT/RESPONDENT
ALL THE 47TH COUNTY GOVERNMENTS GOVERNORS.......……....9TH DEFENDANT/RESPONDENT
ALL STATE MEMBERS OF COUNTY ASSEMBLIES …...…..………….10TH DEFENDANT/RESPONDENT
INDEPENDENT ELECTORAL AND
BOUNDARIES COMMISSION COMMISSIONERS .…………..……11TH DEFENDANT/RESPONDENT
LIST OF DOCUMENTS
1. Kenya Primary Schools Atlas
2. Court order dated 21st June, 2016
3. Court order dated 27th October, 2016
DATED AT…………………….ON THIS…………..DAY OF……………………..2016
………………….
BENJAMIN BARASA WAFULA
PLAINTIFF/APPLICANT
DRAWN & FILED BY:
BENJAMIN BARASA WAFULA
P.O BOX 484-50205
WEBUYE.
TO BE SERVED UPON:
1. STATE COUNSEL OFFICE, KVDA PLAZA, 9TH FLOOR,
OLOO STREET, P.O BOX 4024-03100, ELDORET,
FOR THE 1ST up to 4th and 7TH UP TO 11TH DEFENDANTS.
2. HON. RAILA AMOLO ODINGA, C/O ORANGE HOUSE @menelik ROAD
OFF NGONG ROAD OPPOSITE MENELIK HOUSE.
3. HON. KALONZO MUSYOKA, TENDE DRIVE BUILDING, OFF JAMES
GICHURU ROAD, LOVINGTON, NAIROBI.
REPUBLIC OF KENYA
IN THE SUPREME COURT OF KENYA AT NAIROBI
PETITION NO. OF 2017
(FORMERLY THE HIGH COURT OF KENYA AT BUNGOMA
CIVIL SUIT NO. 5 OF 2016)
BENJAMIN BARASA WAFULA………………………….……………………PETITIONER
VERSUS
PRESIDENT UHURU MWIGAI KENYATTA (REPUBLIC)..……....……..1STRESPONDENT
DEPUTY PRESIDENT WILLIAM SAMOEI RUTO (REPUBLIC)...………2NDRESPONDENT
MAJORITY LEADER ADEN DWALE (REPUBLIC)..……..…………...3RD RESPONDENT
THE 11TH NATIONAL ASSEMBLY (REPUBLIC)..………...…………....4TH RESPONDENT
HON. RAILA AMOLO ODINGA………………………..……..……...5TH RESPONDENT
HON. STEPHEN KALONZO MUSYOKA…………………...………….6TH RESPONDENT
HON. SENATOR MOSES MASIKA WETANGULA………….......…...7TH RESPONDENT
THE SENATE (REPUBLIC)…..………………………….……………….8TH RESPONDENT
ALL THE 47TH COUNTY GOVERNMENTS GOVERNORS...…...…….9THRESPONDENT
ALL MEMBERS OF COUNTY ASSEMBLIES …........................…...10TH RESPONDENT
INDEPENDENT ELECTORAL AND
BOUNDARIES COMMISSION COMMISSIONERS .…………..….11TH RESPONDENT
TO:- KENYA COUPHER,
NAIROBI REGIONAL OFFICE,
UNICEF ESARO,
P. O. BOX 44145 – 00100,
NAIROBI.
Dear Sir/Madam,
REF:- REQUEST FOR FINANCIAL ASSISTANCE
TO PROCEED WITH MATTERS OF PUBLIC INTERESTES
I, hereby kindly and humbly request to be financed by