Let's thank NASA for saving us from courts

This week I am paying tribute to a special group of politicians. We are indeed extremely lucky as a country to have these strong leaders who continuously save us from the excesses of an overzealous judiciary.

I am sure you all recall how in December 2016, leader of majority in the National Assembly, honourable Aden Duale saved the country a great deal of trouble when he publicly censured a certain judge known as George Odunga.

This judge had developed a penchant for making rulings that always went against the government of the day. At the time, Justice Odunga, or whatever his name is, had the temerity to rule against Duale’s mighty coalition on the small matter of election laws.

Who knows what would have happened to this country if Duale did not in his great wisdom and courage, put this errant judge in check?

Worlds greatest

And now there is another cause for celebration. The biggest political coalition the world has ever known, the mighty National Super Alliance; the outfit that only shares a name with the US space agency, is coming to our rescue once again.

Just when the courts thought they could run roughshod over us, NASA is standing tall to defend the rights of the people. The coalition is putting the courts right where they belong.

In one accord, the five men in white have given an indefinite injunction to the IEBC, barring the electoral body from engaging in any further escapades in the courts of law.

The super injunction was issued in Nakuru by NASA’s grand pentagon at a gathering of 10 million voters at the Afraha Stadium. In the injunction, NASA has ordered the electoral body to desist from making any further legal applications in court over the tallying of presidential results.

This is because the High Court, had in its wisdom ruled exactly the way NASA had wanted it; that there would be no need to trouble IEBC Chair Wafula Chebukati with night announcements when the small job can be done by his officers across all 290 constituencies in Kenya.

Calling the shots

Further, the grand pentagon has stopped the Court of Appeal from ever hearing further petitions on this matter until NASA says so.

In the unlikely event that the Court of Appeal hears this matter, they are barred from reaching verdict that is different from the finding of the High Court. And NASA has every right to order whichever court it deems fit.

First, they have 10 million votes, the courts do not. They have a pentagon, the courts have none. They have a joint presidential candidate, the courts have none. So just what gives the courts the idea that they can dictate what NASA does in this country?

Some idlers have accused the opposition of failing to respect the courts. Nothing could be further from the truth.These critics do not realise that the constitution we passed in 2010 gave great powers to a few special organisations such as NASA to do whatever they want with the courts.

That is why for instance, one of NASA’s constituent parties, ODM and the earlier coalition, CORD, have filed quite a number of suits in the same courts.

In December 2016, CORD through its lawyers, James Orengo and Anthony Olouch moved to court challenging the decision by the IEBC to award the auditing of voters’ register tender to KPMG.

They obtained temporary orders barring KPMG from going ahead with the audit, pending determination of the case. That is what court must always do, listen to ODM, NASA or CORD.

Legal suit

In October 2016, ODM filed another suit in a bid to compel the Registrar of Political Parties to disburse Sh5.1 billion due to it ahead of 2017 General Election as stipulated under Section 25 of the Political Parties Act.

The party has even moved to court in the past to stop IEBC from executing a contract or any transaction for the supply of election materials. This is why the IEBC now wants to take its revenge.

The electoral body has been stopped by ODM and CORD from doing so many things in the past and it is now using the courts to stop NASA from counting votes.This must not be allowed to happen.

For all the good work NASA is doing in keeping these over-excited officers in check I am concerned about one thing and one thing only.

The man who calls himself Joshua and his four colleagues have offered to give up their right to contest in the election in the unlikely event that the courts do not listen to them. This would be a great tragedy for the country. What would become of the tailors who make the white shirts for the pentagon?

Would we want to throw them back to the streets to look for jobs? What about the people who composed that NASA campaign song? And what about the new energy of ANC leader Musalia Mudavadi when he says 'NASA hao'? Please NASA, don’t boycott the election, we would face international sanctions, the sun would rise in the West and we would all surely die!

Mr Ageyo is Managing Editor, KTN.jageyo@gmail.com