I have had a chance to listen to many opinions about the Court Injunction against the NYC Elections. I have come to a conclusion given the pieces of information I have gathered around. The following are my observations believing that there is more than meets the eye in the court injunction;
1. The NYC elections and the impending process had a challenge in terms legal process.
2. A good number of youth asked many questions which were in one way or the other answered through various channels.
3. We asked the Ministry through the relevant office to give the youth a listening ear which we they did.
4. We challenged the Ministry to give the youth more time to register at the time when the numbers were very low. The Ministry responded positively.
5. A couple of politicians have not been happy about the whole process and have vowed to kill the NYC from the word go.
6. Indeed some Politicians it is reported have paid candidates of their own to vie.
7. While in other reports Politicians have paid some individuals to make sure the process does not go on.
8. Up to around 2 million young Kenyans turned out and registered as voters and initiated the elections at the grassroots.
9. Many candidates have spent a remarkable amount of time and resources to make sure they make good of an opportunity that has evaded the youth sector for the longest time.
10. Some of the enjoined organizations in the injunction participated in civic education and voter registration drive. This amounts to vomiting on owns shoes and eating the vomit at the end. It is a betrayal of the work and resources they have put in the process.
A couple of realities need to be drawn.
· In Kenya, a presidential election in 2007 attracted about 4 million votes or there abouts.
· No single MP can garner that kind of a voter turn out.
· Half that number has legitimized the NYC elections and turned out in large numbers to vote for their preferred candidates at the grassroots.
· It is disappointing that the Election Injunction came at such a time that the grassroots elections had neared their end. And now we have a lot of youth having been voted, waiting pensively for the election injunction through the court proceedings.
· The timing of the hearing has a lot to be desired, that after which, the budget will have been read and there is nothing we can do to have the Exchequer set aside a budget to help set up the council.
· In other words we all need to forget about NYC until the next financial year being 2012/2013.
· Someone somewhere is keen not to see this NYC installed to help coordinate the affairs of the Kenyan youth.
The NYC Act precludes that the Council after being set up shall decide the stature and nature of the operations across the country. In my opinion, the first responsibility the council was going to and MUST have is to set up its structures and define its operational mandate, that of the devolved system of government notwithstanding. NOTE that the devolved system of government shall come into effect after the first election following the constitutional referendum as was in August of last year whose election now comes in 2012.
We now have up to 2 million registered voters who had their faith in the process and believed that they could change the system once given the mandate. That is a very dangerous population if left at the mercy of the court injunction.
ACTION POINTS MOVING FORWARD
1. The 2 million voters in the National Youth Council Deserve a hearing from the individuals who have proceeded to court with the injunction.
2. The 2 million Kenyan Youths deserve a hearing and have a right to have their voices heard and will be proceeding to court to sue the individuals who have ensued the court injunctions for damages towards the expenses that have gone to this process.
3. The 2 million Kenyan youth elected their representative at the grassroots will be suing the individuals who have spoilt the party.
4. On Thursday this week, we would like to have a public forum to hear the story from the injectors of the court injunction. Details will be announced in the course of the day.
Me, the sincere messanger,
Emmanuel Dennis Ngongo
Listening to the voices of the 2 million NYC registered Kenyan Youth.
Dear all,I wish to applaud all those who contributed their resources and time to make this possible. It is true that these crucial elections were marred with immeasurable irregularitie and therefore they had lost merit. I personally took time through my organisation to conduct monitoring for this exercise in the entire Coast region and i witnessed these irregularities. Kindly keep us posted.Peter ShambiMuslims for human rights (MUHURI)Mombasa.
Sent: Wed, May 25, 2011 5:08:47 PM
Subject: RE: [NYSA:6594] National Youth Council Elections Halted
Here is Youth Agenda's statement on the issue.
The Youth Agenda
Adams Arcade, Woodlands Court, Kirichwa Lane
Off Ngong Rd
PO. Box: 10174-00100 Nairobi, Kenya
Phone : 254 020 2022026
Fax : 254 020 3559212
Cell : 254717 222 653
Email : email@example.com
Website: www.youthagenda.org-----Original Message-----Subject: Re: [NYSA:6591] National Youth Council Elections Halted
From: firstname.lastname@example.org [mailto:email@example.com] On Behalf Of
Sent: 25 May 2011 16:44
The news about the court action is not shocking. This was expected.
The Artoney General Misadviced the Ministry of Youth Affairs to go on
with the process the ilegalities notwithstanding. We have done quite
allot and alot of gains had been achieved. I know it is dissapointing
especially to the youth who had registered and participated in the
preliminary stages of the elections.
This is a good opportunity for us to go back on the drawing board,
rework the NYC Act to reflect the wishes of young People and follow
the spirit and word of the New Constitution. The court gives us an
opportunity to engage with the Ministry and make sure the Council as
will be constituted is not an illegality.
The National Youth Sector Alliance in partnership with other key
stakeholders will be co-hosting a meeting (dates to be announced so
that we can explore and examine the illegalities in Act with the view
to engage the youth on the next course of Action. NYSA is also
planning a couple of meetings around the country specifically on the
NYC Act so that young people can be engaged in the process.
Let us use this as a legal space not to stop the process, but to get
it right the first time. History will judge us harshly if we install
yet another NYC that will be at the whims and control of state
machinery that is not interested in the good welfare of the young
A credible, Independent and responsible National Youth Council is a
duty that we must take up and deliver a gift to the generations of
many young people who will be affected by the decisions we make today.
We will communicate from the NYSA Coordination Hub on what we should
start doing as the court process goes on.
On 5/25/11, VICTOR IJAIKA <firstname.lastname@example.org> wrote:
> Hi Lydia
> Its so unfortunate although I truly support the petitioners. The exercise
> much as I wanted to let it go ahead and be run, the approach here in
> leaves so many gaps ( here in Vihiga the Sub location Elections were done
> week and we are also asking why this happened, shouldn't we standardize
> whole exercise in the whole country?)
> . How do people who were registering the youth end up running for the
> positions, istn that double standards? The awareness creation on the
> leaves a lot to be desired. I really do not understand why the government
> such a rush yet it was sleeping on the policy before the YES we can
> was launched? I know many of us are not seeing this but we need to try and
> between the lines.
> We need the Council to be in place, but the strategies should be clear and
> law should be followed. We could have manourvered the political
> the governments high handedness shouldn't also kill this great initiative.
> the youth and by so saying I mean majority of the youth be mobilised. We
> need to
> know how many had registered so that we can see if that really represents
> young people of this Country
> Its is with this that i propose that as you make your statement, be guided
> the fact that the whole exercise has been messed up by the government and
> efforts should be made to ensure that things are put in order
> Victor Ijaika
> Vihiga County
> From: Lydia Mathia <email@example.com>
> To: firstname.lastname@example.org; email@example.com
> Sent: Wed, May 25, 2011 11:51:23 AM
> Subject: [NYSA:6585] National Youth Council Elections Halted
> The High court has stopped the National Youth Council Elections through an
> injunction order issued on the 24th May 2011, (a copy of which is here
> attached) on two grounds;
> 1. Article 13 of the elections guidelines which states that persons
> involved in the operationalisation exercise should not be candidates and
> 2. Article 14 of the same guidelines which stipulates that the
> register shall be closed 2 days before the date of the elections.
> The hearing is set for the 29th of June 2011. It is an unfortunate
> Youth Agenda is working on a comprehensive statement which we shall issue
> short while.
> In the mean time, you may share your thought on this situation.
> Best regards,
> Lydia Mathia
> Communications Officer
> The Youth Agenda
> Adams Arcade, Woodlands Court, Kirichwa Lane
> Off Ngong Rd
> PO. Box: 10174-00100 Nairobi, Kenya
> Phone : 254 020 2022026
> Fax : 254 020 3559212
> Cell : 254717 222 653
> Email : firstname.lastname@example.org
> Website: www.youthagenda.org