JUDICIAL COUP - PRESIDENTIAL PETITION 2017

The Judiciary Players



Justice David Kenani Maraga (dkmaraga@gmail.com)
Co-opted into the plan by Civil Society after exit of Mutunga. He has is Name Practice No. Phone No. Role
fiercely stubborn and tribal to the core. As Court of Appeal Judge he was
chair of Judicial standing committee on election preparedness by Judiciary. Patrick LSK/ 0726325869 Clerk / Researcher attached to the
Upon assuming office as CJ, he made it a permanent committee and Martin 2017/4824
Deputy Chief Justice. Among the
renamed it. He then helped the Committee open a Private account with an Okang’o pmsokango@y researchers that were incorporated
aim of avoiding of avoiding GoK IFMIS accountable process. This is the P105 Number ahoo.com
into the scheme to nullify the
account that has been receiving money from International Development P.105/7488/09 His office is on elections and operated from Justice
Law Organisation. IDLO is chaired by Makau Mutua Ground Floor Maraga house in Karen. His salary is
Supreme Court supplemented by IDLO. Currently
building next researching on reasons of
Justice Philomena Mbete Mwilu (mwilum@yahoo.com) to DCJ office nullification to supplement the
She runs the Judiciary. Also head of Judges HR matters. Appoints judges detailed ruling by the coup plotters.

to hear cases. Was responsible for constituting cartel judges to listen to He is among those proof reading the
NASA and Civil Society court cases vs IEBC. Will also constitute the judges majority judgement
to listen to election petitions with a view of nullifying majority of the cases.
She has refused to hire a Deputy Chief registrar despite doing interviews so
as to continue running HR functions in line with IDLO agenda. Name Practice No. Phone No. Role

Peter LSK/ 0721213443 Clerk / Researcher attached to the

Justice Smokin Wanjala (swanjala@yahoo.com) Joseph Keya 2017/3307
Deputy Chief Justice. Keya came
Justice Wanjala, just like Justice Isaac Lenaola, is eyeing the Chief Justice keyapj@yahoo. with Mwilu from Court of appeal.
position after Maraga in 2021. He came under attack after the Mutunga P105 Number com
Keya is considered to be very close
ruling during the 2013 Presidential Elections Petition. In a similar electoral P.105/6613/07
to Justice Mwilu. He is discreet in his
case involving Nadhif Jamma, Wanjala and other Supreme Court judges His office is on operation. He is among the
unanimously agreed that one cannot nullify an election because of Last Law Ground Floor researchers allowed access to the
indiscretion by election officials. Wanjala took a 180 degrees turn to nullify Firm Supreme Court 8th floor at Crowne Plaza where the
the Presidential election of 8th August 2017 Recorded building next Supreme Court Judges had retreated
Kibugai & Co. to DCJ office after hearing. Also had access to
Justice Isaac Lenaola (isaaclenaola@yahoo.com) Advocates Maraga’s house in Karen. Salary
Appointed High Court Judge in August 2003. He has ambition to become supplemented by IDLO.
youngest Chief Justice. The Maina Kiai case (Petition No. 206) was first
presented to Lenaola in March 2016. He referred the matter to the CJ
without a response from the IEBC and the Attorney General who were Name Practice No. Phone No. Role
named as respondents. Lenaola left for Arusha immediately after the ruling.
He then retreated to Naivasha to write the detailed ruling with help of the Rhoda LSK/ 0721375674 Clerk / Researcher was recruited by
IDLO researchers and civil society types. Cherotich 2017/7295
Justice Smokin Wanjala into the
Rutto rhorutto@gmail scheme and is attached to him. Like
P105 Number .com
Okang’o and Keya, she is among the
Esther Nyaikaki Onchana - Registrar SC (enyaikaki@gmail.com) P.105/5802/05
researchers allowed access to the
Phone Number: 0722403483 Her Office is 8th floor at Crowne Plaza where the
Operates in discreet manner. She is amongst Maraga’s closest confidant ID Number: on Ground Supreme Court Judges had
and operator. Received a call from the Chief Justice to allow NASA to file 22787713 Floor Supreme retreated. Also conducted the
Petition documents late in the night and Saturday way past submission Court building inspection of Form 34As & 34Bs at
deadline. Used Kevin Goga to backdate the NASA documents from 21st to next to DCJ Milimani Court where she was joined
18th August 2017. Amongst the people who was at Chief Justice’s home in office by Walala, Keya and Okang’o.
Karen on Monday 28th August researching on nullification of the Elections.
Name Proffession Phone No. Role
Dickson ICT Officer at 0716248034 Dickson is an IT guru who hails from
Nyamongo Supreme the same locality as the Chief Justice.
brought from the High Court in
Sokoro Court. dsokoro@gm He was proposed by Maraga to head
Attended ail.com the auditing of the IEBC IT system
Huawei during the Presidential petition. He came
m Petition. He is a NASA died
University to up with the prayers read by Justice
do an E-Court Lenaola. Using Prof. Ben Sihanya as a
Project
conduit, he carefully drafted the IT Bungoma
protocols to aid NASA case. It is now
From Nyamira evident that Dickson doctored parts of
the joint ICT report before submitting it
before the judges. In fact, Dickson
prepared the clandestine IT report that
Senator Orengo introduced in court
illegally. This report formed basis of
nullification. The coup plotters felt that
the Court’s IT report was not strong
enough to be the basis of nullification.
Name Practice No. Phone No. Role
Kelvin Goga Court Officer & 0722807304 He is responsible for Courts Statistics
Administrator -
and heavily involved in case
goga.kelvin@ management. He also oversees the
Court Assistant gmail.com preparation and proper service of
in the Office of correspondence to advocates. The
the Deputy Deputy Chief Justice Philomena Mwilu
Chief Justice and Supreme Court Registrar Esther
Nyaikaki identified Kevin because of his
Assistant to the Chief Justice and
ability to manage records at the
Supreme court registry. As such he was
put in touch with NASA legal team so as
to backdate any documents that were
filed by NASA late. Goga backdated
NASA documents from 21st August to
18th August. The Registrar of Supreme
Court only admitted the errors after the
red flag was raised by IEBC lawyer
Kamau Karori. Ms. Nyaikaki then said
the documents were mistakenly
stamped. Incidentally, the documents
admitted late were annexures Form
34As which were heavily relied on by
judges in making the determination.
Name Practice No. Phone No. Role
Eric No Practice 0720768083 Kissinger Walala was
Kissinger Number yet
Walala kissingerwala Milimani temporarily for the
P105 Number la@gmail.co purpose of the Presidential
P.105/8477/11
hard and a very slippery Clerk.
From He conducted the tally at
Milimani Courts and the
inspection of Form 34As and
Form 34Bs. His incorporation
in the Presidential petition was
solely based on his political
leanings. Whether or not he is
paid by Civil society is still a
matter under investigation. He
was among those who were
upset after the audit of the
forms at Milimani did not
reveal major malpractice.
Nonetheless, Kissinger went
on to package the report in a
manner to support the NASA
evidence.
Name Practice No. Phone No. Role
Okiago Completed 0721551615 Momanyi is among clerks that
Dalmas Law School a were shortlisted at the Kisii High
Momanyi few months Court. He is the Personal
ago.
also a close confidant. Other
He is yet to than the Registrar of the
be admitted Supreme Court Ms. Esther
Nyaikaki, Momanyi is the other
Court Officer who speaks one on
one with the Chief Justice. He
carries CJ’s court documents
home and back to court. He was
used to summon Justice Mwilu,
Justice Lenaola and Justice
Wanjala to Private meeting that
sealed the petition in favor of
Raila Odinga
Name Practice No. Phone No. Role Name Practice No. Phone No. Role

Emily No Practice 0723765332 Emily is a Clerk attached to Anne Amadi No Practice As Chief Registrar of the
Mukami Njiru Number yet
Lenaola’s office. Like Rhoda, Keya Otieno Number yet
Judiciary Amadi is another key
emiliah2005 and Okang’o she is among the cog in the cartel. She is a
P105 Number @yahoo.com
selected few who had unfettered P105 Number former Director of Litigation at
P.105/8836/11 access to the Four Supreme Court P.105/1968/89 FIDA Kenya. Her Civil Society
Judges who annulled the background was important
elections. Further role is not factor in her recruitment as the
known but she is among the Registrar. Like Ominde, she set
researchers in the Civil Society the ball rolling in kicking out
Payroll.
Justice Rawal and Justice
She is among those proof Tunoi. Amadi together with the
reading the majority judgement DCJ Mwilu are in the
Committee for sustaining
Judiciary Transformation.

Name Practice No. Phone No. Role Name Practice No. Phone No. Role

Emily No Practice Emily Onyando Ominde is one of Mamasi No Practice 0723765332 Mamasi is a senior counsel in
Onyando Number yet
the Cartel’s gatekeepers at the Number yet
the Chief Justice’s Office.
Ominde Judicial Service Commission. She emiliah2005 Further investigation on role
P105 Number is a powerful force. Upon P105 Number @yahoo.com
needed.
P.105/2040/90 nomination to the JSC, Ominde P.105/8836/11
irregularly promoted herself from
Principal Magistrate to Chief
Magistrate without going through
the position of a Senior Principal
Magistrate. She was among the
JSC members that influenced the
exit of Justice Tunoi and Justice
Rawal. She was instrumental in
the hiring of Justice Mwilu and
Justice Maraga.
 CHRONOLOGY OF THE JUDICIAL COUP - KEY MILESTONES
2013 2014 2016
MUTUNGA May 2014, Jan 2016
introduces IDLO Justice Tunoi is Scheme to control
into Judiciary. served with a
Judiciary gets into high
They start funding notice by the
gear with bribery claims
and influencing Chief Registrar
against Judge Phillip Tonui
key programs and of the Supreme
decisions Court to vacate
his office by
June 3 February 26, 2016
June 12, 2017 8th Floor,
Justice Mutunga
all Judges agree to
launches a book Balancing
scales of Justice that was to
form a key pillar in justifying
annulment of Presidential
Elections. Book funded by
IDLO
June 14, 2016,
Justice Kaplana Rawal is
secret meeting in absence win with two Judges dissenting
honorably retired despite
of Justice Ojwang &
her objection
1st Coup
2nd Coup
Tunoi Out Rawal Out
Arrives at JKIA on Sunday 10th
October 19, 2016
Civil Society candidate
Maraga replaces Justice
Mutunga as new CJ
Saturday, September 9
3rd Coup
Maraga, Mwilu Lenaola In
2017
April 26, 2017 Thursday, August 31
Hiring of 100 8:30PM - Crowne Hotel 8th Floor
Researchers paid by
IDLO. The researchers Justice Mwilu tells Justices Njoki
were tasked to handle and Ojwang that the other four
Election-related cases Judges had decided to annul the
Election. Justice Mwilu further
Thursday, August 31
6:30PM at Crowne Hotel told them:
“We are going to annul the
IDLO funds Civil Society
to organize the IEBC uphold President Election. You can go tell your
Government that. If you wish,
Election Preparedness Kenyatta’s election
you can write your dissenting
Conference. This was a
opinions”
decoy to legitimize
Kura Yangu Sauti Yangu
initiative
Wednesday, August 30
Maraga, Mwilu, Smokin Friday, September 1
and Lenaola go into a Four Judges annul Kenyatta’s
August 4, 2017
Justice Maraga
launches ‘Amicus’ & Justice Njoki
Bench Book on
Electoral Dispute Friday, September 8
Resolution funded by Justice Maraga Flies out of the
IDLO Country to Lithuania. He then
Monday, August 28
cancels a scheduled meeting in
Researchers in the
London and flies back home.
Supreme Court meet at
August 18, 2017
CJ’s home in Karen &
Raila Odinga files Sept and is driven out of JKIA in
start researching on
petition seeking an unmarked car.
articles related to
annulment of annulment
Presidential Results
Sunday, August 27
Sunday, August 20
Maraga delegitimizes Justice Lenaola begins writing
IEBC lawyers raise
constitutional timelines by full judgment in in the company
alarm over late filing of
admitting NASA of IDLO researchers
documents by NASA
documents filed late
 THE WAKORA NETWORK BEHIND JUDICIAL CAPTURE (EVIL SOCIETY)

CAROLINE ABONG KHRC


 (1.2 Million EUROS for integration Seminars &
GEORGE KEGORO
Demonstrations by Civil Society) KURA YANGU COALITION CAROLINE ABONG (fmr)

WILLY MUTUNGA
KHRC - (Maina Kiai)
PROF. MAKAU MUTUA
Informed Action - (Maina Kiai) DR. STEVE OUMA (fmr)

WILLY MUTUNGA - FORMER REGIONAL REP

MAINA KIAI
AFRICOG - (Gladwell)
MAURICE MAKOLOO - His recruitment to head MUTHONI WANYEKI
KATIBA INSTITUTE - DAVINDER LAMBER
Ford Foundation Kenya was influenced by Willy (Yash Pal Ghai)

Mutunga over Dr. Joyce Nyairo who had been GABRIEL DOLAN
IDLO GOVERNANCE (based at The Hague)

GODWIN MURUNGA
picked by the board.
ICJ - George Kegoro
OTIENO OKERO (Country Director)

Makoloo would spearhead the Judicial strategy MAKAU MUTUA (Board Chair)
IMLU - (
WILLY MUTUNGA (Advisory Council)
KPTJ - (Harun Ndubi)

RUTH AURA - Lead Consultant

AFRICOG
INUKA TRUST (Githongo)

INSTITUTE FOR LAW & ENVIRONMENTAL (Ruth Aura also consulted for AFRICOG during the ICC Case)
GOVERNANCE Development Through Media
GLADWELL OTIENO
CO-FOUNDED BY: JUSTICE (RTD) VIOLET MAINA KIAI
Kenya Correspondent JOHN GITHONGO
MAVISI, MAURICE MAKOLOO & DR. COLLINS
Association - Oloo Janak

ODOTE
(Collins Odote is legal advisor to Justice Maraga) MUHURI - Hussein Khalid

AWAZ - Zahid
OPEN SOCIETY
JUDICIARY TRAINING INSTITUTE - JTI MAZINGIRA INSTITUTE -
MUTHONI WANYEKI

JUSTICE MARAGA Davindar Lamba MAINA KIAI

Dr. STEVE OUMA

Dr. COLLINS ODOTE - Legal advisor to the Chief Justice
MUGAMBI KIAI
(Picked from KHRC to head JTI which is

MOSES OWUOR - Embedded Researcher

FREEDOM HOUSE - Maurice
the key cog for indoctrinating Judges)
Odhiambo

JUSTICE (RT) VIOLET MAVISI - Consultant IDLO

Training Funded by IDLO Kura Yangu - Suba Churchill

MBURUGU GIKUNDA - Developed Communication Strategy
INUKA TRUST
JOHN GITHONGO
NASA STRATEGY TEAM

NATIONAL COUNCIL FOR THE ADMINISTRATION

OF JUSTICE (NCAJ) 1. David Ndii

2. Tirop Kosgey
INFORMED ACTION
DUNCAN OKELLO - Head

Duncan Okello is a former Chief of Staff to Willy Mutunga. Also 3. Abubakar Zein
MAINA KIAI
worked with Mutunga at Ford Foundation 4. George Kegoro

Training Funded by IDLO 5. Adams Oloo

6. Elisha Ongoya

7. Willis Otieno
MEDIA FOCUS
8. Dan Ameyo
FLUER VAN DISSEL
9. Johnson Muthama
MBURUNGU GIKUNDA
10. Mutakha Kangu -
OTIENO OKERO
11. Andrew Mondoh

ZEPH AURA - Programs Manager Fluer Van Dissel is a

12. Norman Magaya
documentalist for Raila
Zeph Aura is the Key link to financing IDLO

13. Maina Kiai

Odinga. She was deported
He applied for CEO Position at IEBC but lost to Ezra
14. John Githongo but Dutch Govt protested
Chiloba
ARCHITECTS OF JUDICIAL CAPTURE (EVIL SOCIETY)
Name Organization Role Resource
• Chief architect of the Judicial Capture plot.
See
• Makau Mutua Board Chair of IDLO - http://www.idlo.int/
• Offered IDLO as the new theatre of controlling Judiciary.
about-idlo/governance/governance-structure;

Board Chair - International • IDLO embedded researchers in the Judiciary whose is to • IDLO Publication on Handling Electoral disputes: http://
Prof. Makau Development Law Organization listen to cases in court rooms research on relevant case law www.idlo.int/publications/avoiding-violence-and-
enhancing-legitimacy-judicial-preparedness-handling-
Mutua (IDLO)
and write draft judgement for judges and magistrates electoral;

Board Chair - KHRC especially on electoral disputes.

• IDLO Funding from Netherlands Embassy https://
• He spearheaded social media communication for the aidstream.org/files/documents/01_KEN---Justice-Sector-
Reforms---The-Netherlands---Progress-Report-and-
plotters. Summary-of-Results-2017-QTR-I-20170531020537.pdf

• Co- Architect of the plan bringing in the financial See

• Willy Mutunga IDLO Advisor Board - http://www.idlo.int/
mobilization experience during his stint as the Chief Justice about-idlo/our-people

through IDLO & Ford Foundation.

• Joint Launch and JCE and IDLO Publication by Maraga -
• He sits in the advisory council of IDLO Governance Kenya.
http://www.judiciary.go.ke/portal/assets/
filemanager_uploads/Maraga/
• He set the stage for Judicial Capture by removing CJ%20Maraga%20address%20-%20JCE-
Member IDLO Advisory Council
bottlenecks to the plot. Refer to exit of Justice Phillip Tunoi IDLO%20publications%20launch.pdf

Willy Mutunga Former Chair - Ford Foundation

and Justice Kaplana Rawal.
• Launch of IDLO Publication above by Maraga and
Speech - http://www.judiciary.go.ke/portal/assets/
Former Chief Justice - Judiciary • He was Resident Representative of Ford Foundation filemanager_uploads/Speeches%20-%20Maraga/
CJ%20Statement%20on%20EDR%20-
%20AUGUST%202017.pdf

• Bench Book on Electoral Disputes: http://

www.judiciary.go.ke/portal/assets/filemanager_uploads/
reports/EDR%20Bench%20Book.pdf

• His legal background was used to establish legal tools See:

• http://www.icj-kenya.org/jdownloads/Publications/
through ICJ that would publish a book that was used by the Friend%20of%20the%20Court%20the%202010%20Con
Supreme Court to make a decision on involvement of stitution-
Amicus Curiae in Presidential Petition.
%20the%20Kenyan%20Experience%20and%20Compar
ative%20State%20Practice%20on%20Amicus%20Curia
Executive Director - KHRC
• Kegoro tabled an affidavit in favor of NASA Presidential
George e%20FINAL.pdf

Former Executive Director - ICJ

Candidate during the Supreme Court hearings.
• Affidavit in Support of Petition by Kegoro http://
Kegoro • It is this affidavit that brings 70% evidence of NASA during www.judiciary.go.ke/portal/assets/filemanager_uploads/
A%20-%20Presidential%20Petitions%202017/
the Presidential Petition.
George%20Kegoro%20Affidavit.pdf
• He uses Kura Yangu Sauti Yangu to table Form 34As and
Form 34Bs that were contentious.

• Uses Newspaper column to buttress narrative

Head - National Council for • NCAJ formulates that is headed by Duncan implements See:

Administration of Justice
policy and mobilizes resources under the guise of Court
Head - Society for International users committee e.g. Witness protection.
Refer to Judicial Service Act

Devt
• NCAJ was the organization used for resource mobilization
Duncan Former Chief of Staff - Ford as its the link between State and Non-State actors.

Okello Foundation
• This organization is used to set up private accounts outside
Former Chief of Staff - Office of Government financial accountability mechanisms like IFMIS
CJ
• It is through this account that the embedded researchers,
consultants and Judiciary working committee are paid.
KEY PLAYERS - ARCHITECTS OF JUDICIAL CAPTURE (EVIL SOCIETY)
Name Organization Role Resource
• Her organization was among organizers of the National See:

Election Conference 2017 at KICC.

• The Conference was a decoy to hide IDLO’s role in Judicial https://africog.org/an-assessment-of-kenyas-

capture.
preparedness-for-the-8-august-2017-general-
• AFRICOG through KURA YANGU, SAUTI YANGU election-a-summary-of-key-findings-and-
organized electoral seminars in the lead up to the General recommendations/

Ex-Officio - AFRICOG
Elections where IEBC was taken to task over electoral
Former Founder & ED- preparedness.
http://www.khrc.or.ke/images/docs/
Gladwell AFRICOG
• AFRICOG was the monitoring and evaluation arm and was KYSYPreElectionStatement2017.pdf

Otieno Convenor - KPTJ

used to collect evidence in support of Raila Odinga
Former ED - TI Kenya Presidential Petition.
https://www.theelephant.info/kenya-
• Organized Demonstrations and Press Conference election-2017/
amplifying the demand to sack selected IEBC officials
(Chiloba, Muhati, Nyabuto, Emmaculate Kassait. This is
list that was also shared by NASA.

• Also anchored the social media strategy with blogs like

theelephant.info

• The Judicial Training Institute is the intellectual nerve centre See:

for the plot.

• The centre is used to conduct high level indoctrination of http://www.judiciary.go.ke/portal/page/judiciary-

Judicial capture.
training-institute
• It is also used to establish network of ‘Friends for the
Court’ This network includes academia, Civil Society
groups, Think tanks and embedded researchers.

• It is also used to establish networks with other Judiciaries

in IDLO member countries with a view of replicating the
Former Board Member - KHRC

Kenya example. (Kenya is the Guinea Pig in the words of

Dr. Steve Head of Judiciary Training
former Chief Justice Mutunga).

Institute

Ouma Deputy Executive Director -

• The training is not only legal but touches on
communication (media) politics and outright activism.
KHRC
That explains why Steve Ouma was handpicked to head the
organization.

• It is JTI that introduced the ‘Judicial Logic’ philosophy that

is used to publish literature and sentencing guidelines used
in the 2017 Supreme Court decision.

• It is the home of the basket fund for seminars and training

run by Civil Society disguised as consultants.

• It is the centre of influencing Judicial Thinking on

fundamental legal issues
KEY PLAYERS - ARCHITECTS OF JUDICIAL CAPTURE (EVIL SOCIETY)
Name Civil Society Role Resource
• Maina Kiai is errand boy in the implementation of the plot.

• He forms various organization as focal points to serve the See:

interests of Judicial Capture.

• He is the Civil Society Poster Boy for Human Rights and as Maina Kiai & 2 others v Independent
such a key resource mobilization point.
Electoral and Boundaries Commission & 2
• His stature as a UN Special Rapporteur for Human rights others [2017]
and his personal relationship with former CJ Willy Mutunga
enables him to set meetings to set up meetings with Maina Kiai - 1st PETITIONER

Judiciary top brass.

KHELEF KHALIFA 2nd PETITIONER

• His brother Mugambi Kiai is Senior Programmes Manager at TIROP KITUR 3rd PETITIONER

Open Society. It is Open Society that is used to fund

individual Civil Society Groups under ‘Kura Yangu Sauti http://www.judiciary.go.ke/portal/assets/
Vice Chair - AFRICOG
Yangu’ banner.
fi l e m a n a g e r _ u p l o a d s /
Co - Director - INFORMACTION
• Maina Kiai forms the Communication arm for the Judicial Court%20of%20Appeal%20Decisions/
Maina Kiai Board Member - KHRC
Capture and links it with Media Focus (Mburugu Gikunda)
THE%20FINAL%20JUDGMENT%20105%20O
• The organization he forms include: InformAction (IFA) and F%202017.pdf
Development Media which are used to organize media
seminars, training and spearhead media bribery.

• He also recruits Key Judicial Capture players as columnist

in the different newspapers and TV pundits (Gabriel Dolan,
George Kegoro, Makau Mutual, Dr. Collins Odete,
Muthoni Wanyeki, Godwin Murunga and David Ndii
amongst others)

• He also heads the legal strategy team that provides link

between Civil Society and the Judicial Working Committee
through Felix Kyalo who sits in that Committee.

• That is highlighted through Petition 207 of 2016 commonly

referred as the Maina Kiai Petition.

• Born of Canadian and Kenyan father, Muthoni is a founder

member and Executive Director of KHRC.
• As an experienced hand in the Civil Society, Muthoni is http://www.soros.org/initiatives/justice/about/
another link to the global audience. members
• As an avid writer and with her position at Amnesty
Regional Director - AMNESTY International East Africa, she is a key fulcrum in both the
Lynne INTERNATIONAL
media advocacy and linkage to global donors.
Muthoni Former Executive Director - • She has a column in the East African where she pushes Civil
KHRC
Society Agenda including Judicial Capture.
Wanyeki • She is currently a member of the board of the Open Society
Board Member - Open Society
Justice Initiate one of the organization that supported the
publication of the ‘Friend of the Court & The 2010
Constitution’ book developed by IDLO and a host of partners
that include Judicial Training Institute (JTI) and National
Council on the Administrative of Justice (NCAJ).
KEY PLAYERS - ARCHITECTS OF JUDICIAL CAPTURE (EVIL SOCIETY)
Name Civil Society Role Resource
• As the Chair of AFRICOG the lead actor in the Judicial See:

Capture. http://www.ft.com/cms/s/1c4e2482-
• His organization (AFRICOG) is one the partners in the a6c0-11db-83e4-0000779e2340.html

publication of the book ‘Friend of the Court & The 2010

Chairperson Board - AFRICOG
Constitution’ https://www.ictj.org/about/john-githongo
Founding Member & CEO - • AFRICOG is also the monitoring and evaluation arm of the
John Inuka Trust
Judicial Capture cartel a key component of the plot because
Advisor - National Super it is fixed on tight timelines.
Githongo • His global credentials come in handy in terms of clearing the
Alliance (NASA)

way when hurdles come in.

• As the CEO of Inuka Trust, he provides expert consultancy
services on Judicial matters and IT expertise for training at
Judicial Training Institute and other Judiciary staff. ICT
became a sticking point the Raila Odinga petition.

• Dr. Collins Odote is a Founder member of Institute for Law See:

and Environmental Governance where he worked with http://www.businessdailyafrica.com/analysis/

Maurice Makoloo and Violet Mavisi (other agents of State Election-lessons-for-Kenya-from-Mexico/
Capture) 539548-3996648-10nhvct/index.html
Legal Advisor - Judiciary • Every step taken towards Judicial Capture has his solid
Elections Committee
footprints as he is a legal advisor to the Chief Justice and
Dr. Collins was involved in identifying and placing different people in the
Co Founder - Institute for Law &
Odote Environmental Governance
key institutions used in the well calculated plot.
• He is placed as a consultant at the heart of the plot -The
Judicial Working Committee on Elections and the Judiciary
Training Institute.
• It is Odote who edits the different tools that are developed to
control Judicial reasoning.

• Zephaniah was fronted by the Judicial Capture group as the

link between them and IEBC, but he lost to Ezra Chiloba
after a competitive recruitment process.
Zephaniah Senior Election Advisor - USAID
Aura Kenya • Zeph retreated to USAID, from his vintage position he
finances the Judicial Capture group through the basket fund
at IDLO.

• Maurice Makoloo was moved from Institute for Law and See:

Eastern African Ford Governance to Ford Foundation which is a key financier of

Maurice Foundation Representative
IDLO.
https://www.fordfoundation.org/people/maurice-
makoloo/
Makoloo Ex -Director Institute for Law & • His recruitment to head Ford Foundation Kenya was
Environmental Governance influenced by Willy Mutunga over Dr. Joyce Nyairo who had
been picked by the board.
KEY PLAYERS - ARCHITECTS OF JUDICIAL CAPTURE (EVIL SOCIETY)
Name Civil Society Role Resource
• As a Programs Manager at IDLO, Felix who is largely unknown See:

outside the Civil Society circles is the physical link. http://www.idlo.int/news/highlights/

Governance Programmes • He goes beyond financing the initiative to actually sitting right electoral-justice-idlos-support-2017-
inside the Judiciary, including at the Judiciary Working Committee. kenya-elections
Manager - IDLO Kenya

Felix Kyalo Representative IDLO - Kenya

Judiciary Elections Committee
• He spends his days with Judges and sets up Think Tanks as he
implements the indoctrination practically on a daily basis.
• He authors monthly progress reports of the plan. He sits with both
players at the Judicial Service Commission and the President and
the VP of the Supreme Court.

• Caroline is the key link with the Royal Netherlands Embassy
which is a key financier of IDLO.
• She is instrumental in placing IDLO at the Hague where the
organization moved its operational base.
CAROLINE • She recently disbursed 1.2 Million EUROS to IDLO for integration
Senior Policy Advisor seminars & demonstrations by Civil Society.
ABONG
• She was among officials regularly consulted over ICC Kenya
case.
• She is named as a partner of the Judiciary Transformation
Support Project Mid-Term Review report of June 2016
See:
https://www.google.com/url?
sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0a
hUKEwjttuL2-
qbWAhXMCcAKHepYBlQQFggnMAA&url=http%3A
%2F%2Fwww.ke.undp.org%2Fcontent%2Fdam%2
Fkenya%2Fdocs%2FDemocratic%2520Governanc
e%2FJTSP%2520FINAL%2520REPORT.pdf%3Fdo
wnload&usg=AFQjCNGy3eqiz30u6T3gSvAbGDbeG
JENSA

• The entire media plan is on his shoulders. IDLO hires him as a See:

IDLO Chief Communication

Mburugu consultant to have a single message from all the players. http://www.mediafocusonafrica.org/content/
Consultant - For Judiciary • His media background assists in delivering key players in the staff
Gikunda Project media to the hands of the various plotters of Judicial Capture

Owner, Director and Creative
FLEUR VAN Producer - Fleur van Dissel
Visual Communication.
opponents and deliver key material to both the political and Civil
DISSEL Documentalist for Raila
Odinga.
• From 2007, Fleur Van Diesel has been part of the Raila Odinga
plan to rise to power as a visual documentary maker of the
opposition leader.
• As an accredited International Journalist she is able to infiltrate
Society players.
• Immigration deported her in August 2017 flouting immigration
rules

National Coordinator - National • He is an activist for Kura Yangu Sauti yangu.

Suba Civil Society Congress

• He conducted several Press conference on behalf of Kura Yangu
Churchill Sauti Yangu.

• As a President of the Civil Society Congress his organization is

used to notify police about demonstrations.

• He is the first point of response for Civil Society Press

MAURICE President - Civil Society
Conferences and as such frames the narrative that Civil Society
ODHIAMBO Congress
want to take.

• The demonstrations he organizes are funded through the Open

Society Initiative
 Publications Supported by IDLO in the run up to the 2017 Elections

Book Book Cover Authors Content Technical Support

• The ‘Bench Book’ and the ‘Friend of Court’ handbook Sets the decisional Felix Kyalo - IDLO

Judiciary parameters including sentencing guidelines for Judges.

• This book is packaged as the Single point of truth for Judges & Magistrates. It Dr. Collins Odote -
Training is literally ‘The Bible’ of the Court for the Judges. Judiciary Committee on
Institute • The Architects of Judcial Capture had set out to capture and operate the Elections Legal Advisor

Bench Book on judiciary in every important way. They wrote the rules, indoctrinated judicial
Electoral Disputes staff and embedded their agents within Kenya’s judiciary. Dr. Steve Ouma - JTI

Resolution • From 2013, the cartel knew that there would be a petition to the Supreme Justice (Rtd) Violet Mavisi
Court. They therefore mobilized on a vast scale to ensure that they had total
control of its processing and eventual decision. This is the reason why NASA - Consultant
lead counsel were not making legal submissions: they were lecturing the
judges on how to determine the petition. It was like a workshop on activating
the Bench book.

Edited by:
• Although this document had been available since 4th August 2017, it was Published by:
Friend of the launched on 25th August 2017, days before the Supreme Court decision.
• This book provides the courts with guidance when determining when to admit
Court & The 2010 Christopher ‘friend of the court’ or ‘amicus curiae’ petitioners and when to seek out amicus • IDLO

Constitution: Kerkering
participation of their own initiative.” • Judiciary Training
The Kenyan • In other words, the cartel was dictating to a captive Judiciary when they may Institute

Experience and Christopher want to interfere with judicial proceedings, hijack causes and generally set out • National Council on the
Comparative State Mbazira
Judicial agenda. Administrative Justice

• One of the lead authors of the book is Prof. Christopher Mbazire of

Practice on Amicus Makerere University. • Katiba Institute

Curiae • Mbazire led Makerere dons in filing a petition to join Kizza Besigye’s petition • KPTJ

against the election of Uganda’s President Yoweri Museveni as amici curiae. • ICJ

Edited by:
• The book was launched on 26th February 2016 by Justice Willy Mutunga. Published by:
• The publication is basically a critique on the performance of the Judiciary
in dealing with the election petitions from the 2013 elections.
Balancing the Dr. Collins • In the book Justice Maraga critiqued the decision of 2013 Supreme Court • IDLO

Scales of Odete
bench for not allowing the scrutiny report by the registrar in its ruling. • Judiciary Training
Electoral Justice • Maraga went on to say ““Given the complex nature of Kenya’s General Institute
Dr. Linda Election of filing six elective positions all in one day, errors especially in the
Musumba
counting of votes, are bound to occur from even sheer fatigue of the polling
Resolving Disputes officials. “Scrutiny accords the electoral process a golden chance of
from the 2013 correcting such errors,” Justice Maraga argued.
Elections in Kenya • On whether or not rejected and spoilt votes should be considered in
and the Emerging computing the final tally of presidential election results, Justice Maraga
Jurisprudence observed that “the issue of all the votes cast in Article 138(4) of the
Constitution is far from being settled”. As such, in the article, he had stated: “A
constitutional amendment will be necessary to settle it.”
 SUPREME COURT REJECT MARAGA & MWILU THEORY

After the 2013 elections Garissa governor Nathif Jama's victory was challenged in court on the basis of two forms used to
transmit the results -one was not signed while the other one was not stamped.

The High Court dismissed the petition and upheld the result. The petitioner then moved to the Court of Appeal and was
heard by a Bench including Justice Maraga and Justice Mwilu (both of them heard Raila's petition and nullified President
Uhuru's victory) who went ahead and nullified the governor's win on the basis of the two forms.

Consequently, Nadhif Jamaa moved to the Supreme Court. His petition was heard by a Bench that included then CJ
Mutunga, Justice J B Ojwang, Justice Tunoi, Justice Ndungu, and Justice Wanjala. In unanimous decision, the
Supreme Court judges agreed with Jamaa's lawyer, who coincidentally was Ahmednasir, and overturned the decision by
Maraga and Mwilu thereby upholding the electoral victory. The grounds for this case are similar to those in the 2017 raila
petition and in both cases Maraga and Mwilu made similar decisions.

The summary of the decision

• If an election has substantially been held according to the law it is wrong to nullify it merely on the grounds of
forms that are unsigned or not stamped. What is important in an election is the interest of the voters

• The interest and decision of the voters has to be protected from the transgressions of a few Presiding or
Returning officers.

• If a judge decides to nullify an election merely on the basis of unsigned or unstamped forms he or she must go a
step further to undertake a statistical analysis to show how the election outcome was affected by the said forms.

• They also noted that a court should not nullify an election on mere complaints based on forms if the petitioner
does not dispute the results from the polling stations where those forms came from

• Clearly the four judges who nullified the President's victory are busy doing a statistical analysis as Mutunga and
the other judges said in 2014. But doing a statistical analysis using the forms without a recount of the ballots
would be judicial subversion against Kenyans
 Part of the Ruling



http://kenyalaw.org/caselaw/cases/view/99865
Photo Gallery

Justice Maraga, George Kegoro and Wafula Chebukati at the

IEBC Election Preparedness Conference at KICC.

Conference funded by Kura Yangu Sauti Yangu.