republic of kenya in the supreme court of kenya … · republic of kenya in the supreme court ......

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



HON. RAILA AMOLO ODINGA …………………………………………… PETITIONER

VERSUS

PRESIDENT UHURU MWIGAI KENYATTA (REPUBLIC)...……....……..1ST

RESPONDENT


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



(FORMERLY THE HIGH COURT OF KENYA AT BUNGOMA

CIVIL SUIT NO. 5 OF 2016)

BENJAMIN BARASA WAFULA……………………….PETITIONER/INTERESTED PARTY

VERSUS



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.


Alliance fraternities) have failed constitutionally to avoid

insulting language during their expression for state house

ambitions.

DEVOLVED RESOURCES:-


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.


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.


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.


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:-


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:-


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.


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:-


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.



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.


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.



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.


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.



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.



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.



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.



Constitution which could guide them on how to discuss

Kenyans issues vide forums where all Kenyans are represented.



Constitution which could calm down the tensions being

experienced politically, economically, militarily, educationally

among others.



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.


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.



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.



Constitution which could enable the Somali refugees return to

their Country peacefully.



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

………………….


(PETITIONER/INTERESTED PARTY)

DRAWN & FILED BY:-


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


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

…………………….


(PLAINTIFF/APPLICANT)

DRAWN & FILED BY:


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




VERSUS













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.


…………………….



DRAWN & FILED BY:


P.O BOX 484-50205

WEBUYE.

REPUBLIC OF KENYA



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


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




VERSUS














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.


…………………….



DRAWN & FILED BY:


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

………………….


PLAINTIFF

DRAWN & FILED BY:


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.


OFF NGONG ROAD OPPOSITE MENELIK HOUSE.

3. HON. KALONZO MUSYOKA, TENDE DRIVE BUILDING, OFF JAMES

GICHURU ROAD, LOVINGTON, NAIROBI.

REPUBLIC OF KENYA




VERSUS













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

………………….


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




VERSUS












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

………………….


PLAINTIFF

DRAWN & FILED BY:


P.O BOX 484-50205

WEBUYE.

TO BE SERVED UPON:



FOR THE 1ST up to 4th and 7TH UP TO 11TH DEFENDANTS.





REPUBLIC OF KENYA





BENJAMIN BARASA WAFULA………………………….……PLAINTIFF/PETITIONER

VERSUS













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:


P.O BOX 484-50205

WEBUYE

TO BE SERVED UPON:








REPUBLIC OF KENYA






VERSUS














VERSUS



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

………………….


PLAINTIFF/APPLICANT

DRAWN & FILED BY:


P.O BOX 484-50205

WEBUYE.

TO BE SERVED UPON:








REPUBLIC OF KENYA






VERSUS














VERSUS



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:


BEFORE ME: DEPONENT


DRAWN & FILED BY:


P.O BOX 484-50205

WEBUYE

TO BE SERVED UPON:








REPUBLIC OF KENYA



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


BOUNDARIES COMMISSION COMMISSIONERS .……….…….…11TH DEFENDANT/RESPONDENT


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

………………….


PLAINTIFF/APPLICANT

DRAWN & FILED BY:


P.O BOX 484-50205, WEBUYE.

REPUBLIC OF KENYA



BENJAMIN BARASA WAFULA………………………………...………………..PLAINTIFF/APPLICANT

VERSUS

PRESIDENT UHURU MWIGAI KENYATTA (REPUBLIC) & 10 OTHERS.. DEFENDANTS/RESPONDENTS

ATTENTION TO:-











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.


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.


Government and Opposition stand to split our Nation into tribalism territories as

were prior to 1919 and suffer irreparable losses.


………………….


PLAINTIFF/APPLICANT

DRAWN & FILED BY:


P.O BOX 484-50205, WEBUYE.

REPUBLIC OF KENYA



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


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



BENJAMIN BARASA WAFULA………………...………………..PLAINTIFF/APPLICANT

VERSUS












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.


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.


Government and Opposition stand to split our Nation into tribalism territories

as were prior to 1919 and suffer irreparable losses.


………………….


PLAINTIFF/APPLICANT

DRAWN & FILED BY:


P.O BOX 484-50205,

WEBUYE.

REPUBLIC OF KENYA




VERSUS













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.


………………….


PLAINTIFF/APPLICANT

DRAWN & FILED BY:


P.O BOX 484-50205

WEBUYE.

TO BE SERVED UPON:








REPUBLIC OF KENYA



BENJAMIN BARASA WAFULA………………………………….PLAINTIFF/APPLICANT

VERSUS













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:


BEFORE ME: DEPONENT


DRAWN & FILED BY:


P.O BOX 484-50205

WEBUYE

TO BE SERVED UPON:








REPUBLIC OF KENYA




VERSUS













LIST OF DOCUMENTS

1. Kenya Primary Schools Atlas

2. Court order dated 21st June, 2016

3. Court order dated 27th October, 2016


………………….


PLAINTIFF/APPLICANT

DRAWN & FILED BY:


P.O BOX 484-50205

WEBUYE.

TO BE SERVED UPON:




REPUBLIC OF KENYA





BENJAMIN BARASA WAFULA………………………….……………………PETITIONER

VERSUS



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


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

republic of kenya in the supreme court of kenya … · republic of kenya in the supreme court ......

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