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Politics

Raila Odinga: Why I Quit 26th October Fresh Presidential Election

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Raila Odinga at the press conference where he officially withdrew from the presidential fresh election.

NATIONAL SUPER ALLIANCE COALITION STATEMENT ON WITHDRAWAL OF THE CANDIDATURE OF RT.HON. RAILA ODINGA AND H.E STEPHEN KALONZO MUSYOKA IN THE PRESIDENTIAL ELECTION SCHEDULED FOR 26TH OCTOBER, 2017.

 

1. On August 8 Kenyans voted in the 6th election since the return to multiparty politics in 1992—the political reform we call the Second Liberation. As is customary voting went smoothly. But when it came to tallying and transmission of results, everything that could go wrong did go wrong. It became the first presidential election in Africa to be annulled by the Court, and only the fourth in the world.

2. In the aftermath, the annulment has plunged the country into uncharted waters. That was to be expected. What we would not have expected is that the country’s leadership would be divided by a fundamental tenet of democracy, namely free and fair elections.

3. We at NASA have insisted that the fresh election ordered be held to the standard ordered by the Supreme Court, that is, in strict conformity with the Constitution and written law. We have provided a checklist of what we deem to be the “irreducible minimum” changes required to ensure compliance.

4. The validity of the checklist of the requirements for free and fair elections proposed by NASA has not been disputed by anyone, not by the IEBC, not by Jubilee or other actors and observers. The EU Observer Mission recommendations are in conformity with our ‘irreducible minimum.”

5. Instead, the case for proceeding with the fresh election on 26 October without these changes is being made on the grounds of time constraints. Jubilee and the other proponents of an election without reforms are saying “bora uchaguzi” (any election will do). But we in NASA are calling for “uchaguzi bora” (a credible election).

6. In a constitutional democracy, we should not be debating about a free and fair election, or compliance with court orders, or accountability for breach of public trust. We should have been working together to ensure that we uphold these values as they are not only our national values but are also the foundations of a credible electoral system.

7. Instead the IEBC has stonewalled meaningful deliberations on the necessary reforms to ensure that the elections of 26th October are free and fair. It has wasted valuable time engaging in public relations exercises intended to create the illusion of motion without any movement.

8. We have come to the conclusion that there is no intention on the part of the IEBC to undertake any changes to its operations and personnel to ensure that the “illegalities and irregularities” that led to the invalidation of the 8th August, 2008 do not happen again. All indications are that the election scheduled for 26 October will be worse than the previous one.

9. On its part, the Jubilee administration’s proposed amendment to the election laws demonstrates that it has no intention of competition on a level playing field. The only election Jubilee administration is interested in is one that it must win, even unlawfully.

10. Both Uhuru Kenyatta and William Ruto have gloated that they have the numbers in parliament to amend even the Constitution. The Jubilee Vice-Chairman is on record stating that Kenya requires a benevolent dictator and proceeded to exhort Uhuru Kenyatta to exercise dictatorial powers. These utterances provide the motive for the blatant across the board rigging of the August 8 elections— it was to secure the majorities that Jubilee needs to overrun our Constitution. Kenyatta and Ruto are beneficiaries, believers and defenders of the old order. They intend to overthrow our new constitutional order and re-install the old order. The over 300 elections petitions filed, majority against Jubilee are evidence that this claimed majority is fraudulent.

11. We wish to reiterate what we have stated in the past that we will not allow autocracy back into Kenya. It is unfortunate that international actors who have supported Kenyans in their quest for democracy and good governance are now on the side of appeasing dictatorship in the mistaken belief that it will maintain stability.

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12. We shall not allow anything to dampen our morale. We won the battle for multiparty democracy. We won the battle for a new Constitution. We are going to win the battle for a free and fair election.

13. After deliberating on our position in respect of the upcoming election, considering the interests of the people of Kenya, the region and the world at large, we believe that all will be best served by NASA vacating its presidential candidature in the election scheduled for 26 October 2017.

14. We have based our decision on the foregoing, and the following constitutional and legal basis.

15. SUPREME COURT DECISION IN THE ELECTION PETITION No. 1 of 2017 RAILA ODINGA vs IEBC and others

16. In arriving at its decision to nullify the presidential election held on August 8 2017, the Supreme Court made the following findings of illegalities and irregularities based on which the National Super Alliance (NASA) Coalition proposed a 12 point irreducible minimum required to make the fresh election fully compliant with the Supreme Court decision;

17. Statutory Forms
18. On the matter of statutory forms used in the elections, the court found that contrary to the assertion by the Commission that it had fully complied with the Constitution and the law; and, the position taken by the Commission (through the Affidavit of Immaculate Kassait) that the Commission had developed standards for its electoral goods prior to their procurement including specific security features for each ballot paper and statutory form in order to prevent duplication, misuse, piracy, fraud, counterfeiting and to improve controls, and that the statutory forms and ballot papers had the features which included: guilloche patterns, anti-copy patterns, watermarks, micro text, tapered serialization, invisible UV Printing, polling station data personalization, self-carbonating element and barcodes, different colour for each ballot paper and that the forms were in a standard form or format, the scrutiny supervised by the Registrar of the Supreme Court and authenticated by the agents of all the parties to the case to the case had revealed that: –
a) The Commission declared Uhuru Muigai Kenyatta the President elect before it received results from 11,883 polling stations and 17 Constituencies;
b) Form 34C used to declare Uhuru Kenyatta President elect, was not original but a photocopy; and, that no explanation was given as to the whereabouts of the original form. And, that the form, as crucial as it is, bore neither a watermark nor serial number;
c) Forms 34B used to declare Uhuru Kenyatta president elect were of dubious authenticity; and, that some of the forms were photocopies, carbon copies or were not signed by the Returning Officers. Out of 291 Forms 34B, 56 did not have watermark feature, 31 did not bear serial numbers, 5 were not signed at all, were not in a standard form or format, among other discrepancies;
d) Out of a random sample of 4,299 Forms 34As examined, a total of 189 forms had not been filled in the “hand-over” section, 287 forms had not been filled in the “take-over” section, 481 forms were carbon copies, 11 forms had no water mark; and, that considering the sample size, it is apparent that the discrepancies were widespread.
e) The forms were not in a standard form or format. The Supreme Court ended its examination of this part of the judgment by raising the following question: “Who introduced these forms into the system?”

19. Application of Technology
20. On the matter of application of technology, the Supreme Court found and held that:
a) The Commission failed to electronically transmit the statutory Forms 34As and 34Bs as required by section 39(1C) of the Elections Act;
b) The Court accepted the Petitioner’s claims that the Commission’s IT system was infiltrated and compromised and the data therein interfered with or IEBC officials themselves interfered with the data or simply refused to accept that it had bungled the whole transmission system and were unable to verify the data; this being the only logical reason the interlocutory orders for audit and access thereto were frustrated by the Commission;
c) While among the 11,000 polling stations the Commission claimed were off the 3G and 4G ranges were in: Bomet, Bungoma, Busia, Homa Bay, Kajiado, Kericho, Kiambu, Kisumu, Kisii, Kirinyaga, Nyeri, Siaya and Vihiga Counties, most parts of these counties have fairly good road network and infrastructure that it would take a short time for the Presiding Officers to travel to vantage points from where they would electronically transmit the results.
d) The Commission had known the areas where network is weak or totally lacking beforehand and should have made provision for alternative transmission. In one of its press briefings before the elections, the Commission had assured the country that it had carefully considered every conceivable eventuality regarding the issue of electronic transmission of the presidential election results and categorically stated that technology was not going to fail. The Commission had engaged three internet service providers to deal with any network challenges.
e) The Commission had contumaciously disobeyed the order of scrutiny which was a golden opportunity for the Commission to place before court evidence to debunk the Petitioner’s claims of hacking; by denying access to two critical areas of their servers; its logs which would have proved or disproved the Petitioner’s claim of hacking into the system and altering the presidential election results and its servers with Forms 34As and 34B electronically transmitted from polling stations and Constituency Tallying Centres.
f) If the Commission had nothing to hide, even before the order was made, it would have itself readily provided access to its ICT logs and servers to disprove the petitioner’s claims.
21. These blatant illegalities and irregularities were not without motive. It is inconceivable that election body would falsify 80 out of 290 constituency tallies (27.5%) for the sake of it. The meaning of the Supreme Court decision is that the so called numbers claimed by Uhuru Kenyatta are fraudulent. The election was not shambolic. It was rigged for Uhuru Kenyatta. Uhuru Kenyatta lost the election. It stand to reason that we won it.
22. The IEBC has refused, neglected or failed to put in place mechanisms to correct these illegalities and irregularities. We deem that the fresh election ordered by the Supreme Court cannot therefore be held. Allowing the candidature of Raila Amolo Odinga and Stephen Kalonzo Musyoka to lend credence to the election now scheduled is to participate in an illegality.

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23. II. BAD FAITH
(A) The IEBC
(i) For over five weeks, the commission has engaged us in a ping pong game well knowing they had no intention to streamline the electoral system to accord with the constitution and electoral laws.
(ii) It is now clear that the same criminal enterprise that perpetuated the fraud in the August election is firmly in charge of the Commission and setting up even more lethal mechanisms to defraud the Kenyan voter.
(iii) The conservative wing of the IEBC have now firmly crystalized their stranglehold of the operations of the Commission with every decision of the chairman being countermanded and with the proposed amendments to the electoral laws to dilute the powers, authority and standing of the chairperson of the Commission as the Returning officer of the Presidential elections.
(iv) This is coupled with the retention of the same service providers that were complicit in the worst electoral fraud ever witnessed in modern times including Safran/OT Morpho, Al Ghurair etc.
(v) The Commission CEO who was the coup plotter in chief and his litany of senior secretariat staff continue to dominate the operations of the commission and stifle any attempt to initiate reforms at the commission.
(vi) It is now evident that jubilee is firmly in charge of IEBC through four commissioners who have set out to implement the jubilee agenda within the commission.

(B) Jubilee Administration
(i) The ill-conceived amendments to election laws are not only unconstitutional but go against international best practice that in the middle of an elections contest one cannot change the rules and put in place rules that seek to favour him. Moreover, these profound changes to the electoral architecture are being pushed through without the broad based consultations as required by the Constitution.
(ii) Furthermore, it is clear that the amendments are intended to legalize and regularize the illegalities that led to the invalidation of the August 8 election. It stands to reason that the motive for these amendments is to use the same tactics to rig the scheduled election.
(iii) The State has in the period intervening the nullification of 8 August presidential election, gazettement of fresh and pending the 26 October fresh elections, withdrawn security to the NASA Presidential and deputy Presidential candidate. This has made it untenable for the candidates to campaign freely without fear of being harmed. The State has done this well aware that under Article 138 (8) (b) a presidential election would be cancelled if a presidential candidate or his deputy dies.

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VACATING THE ELECTION THE ONLY ROUTE TO A FREE FAIR AND CREDIBLE ELECTION WAY

24. The IEBC published the gazette notice declaring the fresh dates for the Presidential elections with Rt. Hon. Raila Amolo Odinga and Uhuru Muigai Kenyatta based on the Supreme Court decision of 2013 on a question brought for direction by Attorney General who is the Chief Government legal advisor. In paragraph 289 and 290, the Supreme Court found as follows:

25. 289… It is clear that a fresh election under Article 140(3) is triggered by the invalidation of the election of the declared President-elect, by the Supreme Court, following a successful petition against such election. Since such a fresh election is built on the foundations of the invalidated election, it can, in our opinion, only involve candidates who participated in the original election. In that case, there will be no basis for a fresh nomination of candidates for the resultant electoral contest.

26. 290. Suppose, however, that the candidates, or a candidate who took part in the original election, dies or abandons the electoral quest before the scheduled date: then the provisions of Article 138(1) (b) would become applicable, with fresh nominations ensuing.”

27. As per a correction issued on 6 May 2013, the Supreme clarified that the relevant article is above is 138 (8) (b) which deals with cancellation of a presidential election in the event of the death of the president or the deputy on or before scheduled date. The Supreme Court finding expanded this clause to include when a candidate withdraws from the presidential election.

28. The implication of this provision is that upon our withdrawal, the election scheduled for the 26 October stands cancelled.

29. Our withdrawal from the election requires the IEBC to cancel the election and to conduct fresh nominations. The procedure for nomination of presidential candidates is provided for in the Elections Act 2011, Section 13 (1) which states:

30. “A political party shall nominate its candidates for an election under this act at least ninety days before a general election under this Act in accordance with its constitution rules.”

31. It is clear that this provision gives adequate time to undertake the reforms necessary to conduct an election that is in strict conformity with the Constitution, the relevant laws and the Constitution.

32. This being the case, it is our conviction that our withdrawal is in the best interest of the country and a win-win for everyone.

 

____________ _____________


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Kenya West is a trained investigative independent journalist and a socio-political commentator on matters Kenya and Africa. Send me tips to [[email protected]]

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Politics

Part 2: Why Nairobi Can’t Afford To Have A Scandal Ridden Agnes Kagure As Their Deputy Governor

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Ms Kagure

Deputy Governor post is one of those proposed to be scrapped in the referendum due to its irrelevance, it remains a puzzle as to why one Agnes Kagure has been campaigning for this post like it’s a matter of life and death.

Another one of those ‘business people’ with no clear businesses, Kagure has engaged top notch lobbying which I’m told is fronted by existing city cartels and grandfathers in this town determined to place their person at the helm of power to continue milking the county.

Nairobi already made a blunder by electing an incompetent governor and can’t afford to double the mess by having a deputy with a heap of scandals on her back while we’re here busy raising integrity standards.

Kagure previously, wasn’t known to the world but to the land grabbing world, she’s a known figure and a feared one. With questionable wealth, Kagure who was close to the late Prof Saitoti can’t cut above the bar.

In 2011, Ms Kagure was named in the Top 40 women under 40, an annual list of women who have risen to occupy positions of influence in Kenya before the age of 40, published by the Business Daily.

But the exact reality of how she acquired her wealth is known. Nothing on earth can be hidden. Just like someone who claimed to become a millionaire from selling eggs and chicken, then for sure he or she might have sold chicken worth the ostrich size.

But a case in the backdrop of that fancy profile is a stream of land grabbing cases spread all over Nairobi courts. Prominent one in court is the ownership of a property in Karen estimated to be worth over Sh1B.

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She is also in court over another plot in Nairobi’s Umoja Inner Core, in which the court has called for a full trial to determine how she bought the property, which is also claimed by one Joel Munene.

However, it is Ms Kariuki’s claim that she bought property in Karen from the late Roger Bryan Robson for Sh100 million that has made her the talk of town.

Court records show that Mr Robson’s parents left him and his brother, Michael, properties in the name of Plovers Haunt Ltd.

But the formalities of transferring the company shares from parents to sons was never carried out, according to Guy Spencer Elms, the lawyer appointed by Mr Robson as executor of his will.

In his 1997 will, Robson left his estate to relatives and charitable organisations in Kenya involved in the environment, wildlife, health and education.

His main asset was a 5.2-acre property on Ushirika Road, Karen, and a half-acre plot with flats on it next to the Nairobi Hospital.

The property is estimated to be worth about Sh1B

While Mr Elms, wanted to pass the Sh1B estate to the Kenya Wildlife Service and the Kenya Forestry Service, Ms Kariuki is one of the individuals who have emerged as the owners of the property, having bought it from Roger Robson.

Last year, the Director of Public Prosecutions wanted to prosecute Elms for forgery in relation to the Upper Hill and Karen land but the National Land Commission said it did not find any forgery in the documents. It’s being established that it was Kagure involved and masterminded this land fraud.

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Kagure’s pretence business struggles are as predictable as the shortcuts she presides over. Tedious, mind-numbing monotony that only the most rose-tinted of the Nairobi brigade should be able to stomach by now in an era of corruption. She is no better person to deliver in Nairobi.

A pathetic figure on the present day capped a hellish week and should seal the deal idiom that Agnes surely doesn’t deserve the nairobi deity seat because of her unexplained character. (Agnes to date can not explain the wealth in Langata, the grabbed land in Roysambu and some premises believed to be acquired by corrupt means.)

Kagure’s acolytes refuse to countenance the idea the unexplained wealth woman is yesterday’s woman typified by a life of what can be termed as silent killer cartels, yet she’s offering nothing to suggest she can recapture former glory of Nairobi City. This can be termed a static political game from an analogue manager in a digital age.

The well connected Kagure has been spotted with a former CS Lands and she has bragged to have funded the election of a jubilee governor but her KRA records, the Co-operative Bank account details she gave to the firearms bureau don’t show any sign of such wealth.

From 2004 until 2015, there is no record of Agnes Kagure ever having filed any returns with KRA. Evidence that she started filing returns appears in 2016. The returns are self-assessment. She seems to have rental houses and, from her monthly rental collection, is legally bound by law to submit 10% in tax. Between January 2015 and December 2017, Agnes had paid a total of Ksh 127,198.00 in taxes.

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On 22nd September 2016, Agnes Kagure Kariuki applied to the firearms licensing board, seeking to obtain a firearm for her protection, and listed the following businesses in her application:

1. Antonio’s grill,
2. Dynamic Mini Mart
3. Consolota Pharmacy
4. Universal Nautical Ltd.

The companies mentioned exist under a questionable and suspicious nature.
1. Antonio’s Grill – A search in the registrar of companies reveals that Antonio’s grill is not a company but a business name.
2. Dynamic Mini Mart – No records exist at either the Registrar of Companies or Kenya Revenue Authority.
3. Consolota Pharmacy – No records appear in either the Registrar of Companies or Kenya Revenue Authority.
4. Universal Nautical Ltd. – Company was registered in 2012 but hasn’t filed any returns since its registration.

Kagure has engaged high voltage PR drive to cleanse her image which is soiled. Nairobi sits st the heart of Kenya’s economy and is not a ground for scams of the city to come pitch their terror cell in the pretense of leadership. Nairobi deserves a leadership with integrity beyond reproach, Kagure is below the barrel bottom.

We continue to unmask Kagure as the series moves to Part3…. of you have any info and tips or stories on this email me now ([email protected])


Kenya Insights allows guest blogging, if you want to be published on Kenya’s most authoritative and accurate blog, have an expose, news, story angles, human interest stories, drop us an email on [email protected] or via Telegram
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Politics

Ruto Will Never Be The President Of Kenya Says Uhuru’s Allied Tony Gachoka

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DP William Ruto

Tony Gachoka is not a name that needs introduction, the former aide to Raila Odinga and a proclaimed strategist in the political sphere with heavy alligment to the President whom he campaigned for in the last election is back shooting from the top.

As political realignments continues to take shape everyday ahead of 2022, the strategist who comes from the President’s community and known for not holding back his fire has opened a debate that has been in the oven for time.

Borrowing from his own words that he used on Raila Odinga during the 2013 elections, Gachoka has sensationally said that Ruto will never be a President, “William Ruto will never be President of Kenya says Tony Gachoka. Tune to TV stations near you soon. Ruto stop cheating our people since Uhuru hasn’t said it I will.” Gachoka acclaimed on his Twitter page.

Gachoka seems to have been irked by MP Moses Kuria who made a drunk TV appearance on Citizen TV last night blowing trumpet for the Deputy President. Tony described Kuria as a ‘an idiot, fool, ass, halfwit, nincompoop, blockhead, dunce, dolt, ignoramus, cretin, imbecile, dullard, moron, simpleton, clod.’

Gachoka is not the first figure from the President’s community to make such claims, former Kiambu Governor William Kabogo was vocal about the community not backing the DP come 2022 claims that put him at par with Ruto and attributed to his unsuccessful bid to recapture the seat that was taken over by Waititu.

There have been murmurs in the political corridors that the royal community could be reconsidering their support for Ruto who’s seen as a threat and unfriendly by the Kikuyu elites who’re determined to have a president they’re comfortable with to protect their empires.

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Many read the handshake between President Uhuru and Raila Odinga as a divorce letter with the DP who apparently was opposed to the idea and was excluded in its formulation. Things between the two government principals haven’t been the same lately even though they put happy faces in public. Keen observers have noticed the cut of PDA that the two displayed in their first term.

It remains uncertain if the Kikuyu community if not the elites will support DP Ruto according to the MOU that he had with the President. If this doesn’t happen then it will be a reincarnation of Kibaki-Raila pact that was never honored and Raila found himself in the cold. Only time can tell and the smokes signs can’t be ignored.


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Opinion

AISLES OF POWER: Referendum, the constitutional arithmetic to cling onto power.

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The leaders who catalysed the liberation of Africa from colonial power majority have up-to-date declined to vamoose power. An incumbent can willingly jeopardise a country into pandemonium just to secure his/her position and demand for much more ‘adequate’ time to rule and dictate due to biasness and ‘The big mansyndrome.

Exit of African leaders from power can be categorised into two:

  1. Normal- Constitutional means
  2. Abnormal- Unconstitutional means

Normal means have been through Voluntary resignation, Natural death and Loosing an election. Abnormal means have been through Civil wars(coup) and Assassination.

Research shows three quarter of Incumbents who left power in the 1990s-1970s was through coup, assassination or violent overthrow but apparently wheeled by Constitutional term limits.

Before 1990 when Term limit law came to effect, African leaders exit power at their pleasure, but now at a time and way dictated by the constitutional rules and set up. Incumbents being hit by Age limit are calling for Age Limit discard referendum while those hit by Term limit are calling for Term limit discard referendum. Unfortunately, all those that have called for these exercises have all won, many due to power from the depth of the pocket and power from the bullet.

Elections in Africa have lost importance in terms of credibility, fairness and freeness and by leaders overturning constitutional term service limits on their favour to overrule.

~Recently, Uganda’s long time President Yoweri Museveni assented a bill into law regarding scrapping off of Presidential term limit in his favour and which will make him lawfully seek reelection. This decision was seconded by Constitutional court of Uganda judges who ruled in Museveni’s favour in ration 4:1.

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Museveni's Referendum banners

 

Museveni was quoted saying before, “I’m only one whose language is understood in Washington where Uganda gets funds to promote rural electrification”

Uganda’s parliament in turmoil during Museveni’s Age Limit bill debate

~Democratic Republic of Congo(DRC ) is at war by herself. Democracy can’t be prevailed where the leaders themselves are antidemocratic. The ongoing crisis is attempted coup to remove President Joseph Kabila out power whose term was to end 2016 and elections to be held in November that year. He decided to manipulate the constitution and rescheduled election to 2018. From the records, 5.4 million people have lost their lives in this civil war since 1998.

~In Burundi Pierre Nkurunziza caused attempted coup  when the opposition took action upon themselves to defend the law. Tricks by him to manipulating the constitution in his favour to rerun for third term after claiming that 90% of the population supports his bid and governance.

Pierre Nkurunziza casting his ballot during Referendum

He argued that he was elected by parliament in his first time and not by the people and in line for a second directly elected term. After the successful manipulation, he was set to rule till 2034 but have promised to step down in 2020. Human Rights Watch said that more than 15 Burundians were killed and women were raped during referendum campaign and  he ran for a third term that’s in 2015 and went on to win in a bloody political conflict that left over 1,200 Burundians killed. Four hundred thousand more fled the country.

Victim

~In 2016, Paul Kagame also manipulated the constitution in claim of responding to the voice of the people, a decision which caused unrest and instability from opposition and economy respectively. It favours him to rule until 2034.

President Paul Kagame during the Referendum day

~In 2001 Zambia’s President Chiloba attempted to manipulate the constitution for the same selfish reason but was halted by Civil society who held a massive campaign against his decision.

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~Congo Brazzaville, Dennis Sassou Nguesso won referendum on constitutional amendment to scrap of Presidential term limit in 2015 and got reelected again in 2016

Power addicts manipulating the law to favour their interests forgets power lies in the hands of the people who can squeeze them to dehydration and render them casualties.

Perhaps unclear position or state at which when a president retire they will be in. These worries are possible causal reasons for clinging onto power.


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