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Rainbow Radio - Items filtered by date: Friday, 01 September 2017
The Northern Regional Minister Hon. Salifu Saeed has called on Muslims across the country to make peace their hallmark since Islam is a religion of peace. The minister said this in a speech he delivered at the occasion of Eid-Ul-Adha celebration held at the jubilee park in Tamale. In his speech, the minister entreated all Muslims not to only have peace as an intention but to seek it. He also urged all people regardless their religion to examine their relationship with their neighbours to ensure that there is love, tolerance, understanding, peace, and more importantly, forgiveness. The Hon. Minister however used the occasion to remind Ghanaians of  government’s policies and programs, which he said were aimed at improving the standard of living of all Ghanaians. He advised parents to take advantage of the free senior high school program which will be launched this month and enroll their wards in school to help improve the conditions of their lives. He also urged all and sundry to work to support the government in its effort to improve the living standards of all Ghanaians. The Regional Minister used the opportunity to advice Muslims especially the youth, to be cautious in their celebration of the feast. He implored them to stick to the tenets and teachings of Islam and not engage in vices like fornication. He also revealed that the “Dagbon Peace and Progress” will be launched in Dagbon on the 9th of September, 2017. The Minister stated that the program (Dagbon  Peace and Progress) is meant to usher in an era of absolute peace in Dagbon. Chiefs, Elders, Opinion leaders and all people from Dagbon are expected to grace the launch of the program to demonstrate to the whole world that Dagbon is the citadel of tradition and peace. He urged them not to forget the importance of the feast as they celebrate. He urged them to see the occasion as a period of forgiveness and reconciliation amongst them. “Eid-Ul-Adha is a period of compassion and seeking peace at all levels and as Moslems we owe it a duty to take note of all these important issues so that we can reap the fullest benefits of the festivities”. Nonetheless, the former Northern Regional Minister, Abdalla Abubakar, added his voice, entreating all people to show compassion to others without reference to their religion or ethnic background. According to him, like cannot have any significance if compassion is not shown to those who need it. By: Prince Kwame Tamakloe 
Published in General News
The Supreme Court of Kenya on Friday September annulled the presidential election by a majority decision and gave an order that  a fresh poll be conducted in the next 60 days. The ruling was by a 4-2 majority decision.  Two of the judges held dissenting views on the ruling and below is the summary. REPUBLIC OF KENYA                   IN THE SUPREME COURT OF KENYA AT NAIROBI (Coram:  Maraga, CJ. & P; Mwilu, DCJ & V-P; Ibrahim, Ojwang, Wanjala, Njoki & Lenaola, SCJJ) PETITION NO. 1 OF 2017 – BETWEEN– 1.  RAILA AMOLO ODINGA 2.  STEPHEN KALONZO MUSYOKA      …………..…………PETITIONERS – AND– 1.   INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION 2.  THE CHAIRPERSON OF THE INDEPENDENT       …RESPONDENTS       ELECTORAL AND BOUNDARIES COMMISSION 3.  H.E. UHURU MUIGAI KENYATTA  SUMMARISED DISSENTING OPINION OF NJOKI NDUNGU, SCJ. [1] The Court has rendered its Judgement by a majority. I am however, of a different opinion. At the heart of democracy are, the people, whose will constitute the strand of governance that we have chosen as a country. On 8th August, 2017, millions of Kenyans from all walks of life yielded to the call of democracy and queued for many hours to fulfill their duty to our Republic by delegating their sovereign power to their democratically elected representatives. This was an exercise that was hailed by many regional and international observers as largely, free, fair, credible and peaceful. That duty stands sacred and is only to be upset if there is any compelling reason to do so. That reason must affect the outcome of the election. [2] The election was managed by the 1st Respondent chaired by the 2nd Respondent who were assisted by hundreds of others to execute the mandate of the Commission under Article 88 of the Constitution. At the end of the process, the 2nd Respondent, in accordance with Article 138 (10) of the Constitution, declared the result of the election. Having received more than half of all the votes cast in the election and at least twenty-five percent of the votes cast in each of more than half of the Counties, the 3rdRespondent was declared President-elect.  [3]  The case revolved around three fundamental questions:  (i) whether the election was conducted in accordance with the Constitution and the law? (ii) whether there were irregularities and illegalities committed during the conduct of the election and (iii) if there were irregularities and illegalities, what was the integrity of the election? In answer to these three issues, my opinion is that the election was indeed conducted in accordance with the Constitution and the law. In fact, the 1st and 2ndRespondents to my satisfaction demonstrated that they had adhered to the directions given by the Court of Appeal in the case of Independent Electoral and Boundaries Commission vs. Maina Kiai & 5 Others, Civil Appeal No. 105 of 2017 (the Maina Kiai case). The Court of Appeal in this case cautioned, and I agree, that the results declared at the polling station are final. In fact, the polling station is at the heart of any election.  It is what happens there that is to be assessed and that is why its outcome is final.  [4]  In any election, the ordinary Kenyan voter will ask themselves the following questions? (1)  Was there a problem with registration of voters? (2)  Were voters properly identified at the polling station? (3)  Were voters allowed to cast their ballots peacefully and within good time? (4)  Were the votes cast-counted, declared and verified at the polling station to the satisfaction of all parties? If the answer to all these questions is in the affirmative, then the election has been conducted properly. [5]  The Petitioners in my view did not present material evidence, to the standard required, to upset the results returned to the National Tallying Centre by the presiding officers in Forms 34A. Those results, counted and agreed upon by Agents at the polling station were not challenged. What was fiercely contested was the mode through which those results were transmitted from the polling station to the National Tallying Centre. The 1st and 2ndRespondents urged that transmission was conducted in line with the directions by the Court of Appeal in the Maina Kiai case. This process yielded the results that were streamed onto the portal and which, were not sufficiently impugned during the trial. The decision of the voter at the primary locale of the election, that is the polling station was unchallenged. How then can a process used to transmit those results for tallying upset the will of the electorate? It was not proved that the voter’s will during the conduct of elections, was so affected by any irregularities cited so as to place this Court or the country in doubt as to what the result of the election was. Challenges which are to be expected during the conduct of any election. However, those challenges which occurred, (and in my opinion, none of which occurred deliberately or in bad faith, and which fell particularly outside the remit of the voter and his/her will) – ought not to supplant the voter’s exercise of their right of suffrage.  [6]   In summary, I respectfully disagree with the decision of the majority, and in accordance with Section 26(2) of the Supreme Court Act, 2011, and will issue my full dissenting Judgment within 21 days.  DATED and DELIVERED at NAIROBI this 1st day of September 2017  ……………………………………………………….. N. S. NDUNGU JUSTICE OF THE SUPREME COURT I certify that this is a true copy of the original REGISTRAR, UPREME COURT OF KENYA SUMMARISED DISSENTING OPINION OF OJWANG, SCJ. [1]    It is not necessary in this summarized Judgment – which is to be followed by a fully detailed and reasoned decision on an occasion already signalled by the Chief Justice and President of the Court – to give the comprehensive facts, submissions and legal principles bearing upon the instant petition. [2]  The important petition, which seeks the annulment of Kenya’s Presidential election results emanating from the General Elections of 8th August, 2017, is focussed on a limited number of contentions: (a) that the said Presidential Election was not conducted in accordance with the relevant principles of the Constitution;  (b) that the said Presidential Election was compromised by certain illegalities and irregularities;  (c) that, consequently, the said General Election lacked integrity, and ought to be invalidated. [3]  Whereas the substance of the case founded on illegality and irregularity rests on the voting-results electronic transmission process, there is substantial information showing that, by law, the conduct of the election should have been mainly manual, and only partially electronic. Hardly any conclusive evidence has been adduced in this regard, which demonstrates such a manifestation of irregularity as to justify the invalidation of the election results. [4]  As regards the invocation of the Constitution as a basis for annulling the electoral process, only general attributions of impropriety have been made, and furthermore, without adherence to the prescription that the task of interpreting the Constitution with finality, rests with no one but the Courts – in this case, with this Supreme Court. [5] Much of the evidence which the majority opinion adopts, is largely unascertained, apart from standing in contradiction to substantial, more credible evidence. [6]  In such a marginal state of merits in the case challenging the conduct of elections on 8th August, 2017, it is clear to me beyond peradventure, that there is not an iota of merit in invalidating the clear expression of the Kenyan people’s democratic will, which was recorded on 8th August, 2017. [7]   The procedural law for assuring the integrity of elections is abundantly set out in the Elections Act, 2011 (Act No. 11 of 2011), and in the Electoral Code of Conduct; and the relevant provisions were conscientiously applied by the Independent Electoral and Boundaries Commission, which fully provided for the role of international and local observers, as well as agents, in the conduct of the Presidential Election.  The resulting electoral process had all the vital features of merit, as all the observers publicly acknowledge. [8] To disregard such outstanding features of merit in the just-concluded elections, is to overlook the most basic democratic principles which safeguard the electors’ entitlement to choose their public office-holders. [9]   In summarized form, I hereby record, without equivocation, my dissent from the Judgment given by the numerical majority of the Supreme Court Bench.  For my part, I would dismiss in its entirety the petition which came up before us, as it was devoid of requisite supporting evidence, just as it did not rest upon the pillars of the Constitution, the ordinary law, or the pertinent elements inherent in the configuration of a democratic election. [10]   In accordance with the terms of Section 26(2) of the Supreme Court Act, 2011 (Act No. 7 of 2011), I hereby reserve the detailed, reasoned edition of my opinion, to be delivered within the next 21 days. DATE and DELIVERED at NAIROBI this 1st day of September, 2017. ……………………………………………… J.B. OJWANG JUSTICE OF THE SUPREME COURT
Published in General News
The Supreme Court of Kenya on Friday September annulled the presidential election by a majority decision and gave an order that  a fresh poll be conducted in the next 60 days. The ruling was by a 4-2 majority decision. Read below the summary judgment REPUBLIC OF KENYA IN THE SUPREME COURT OF KENYA AT NAIROBI (Coram: Maraga, CJ & P, Mwilu, DCJ & V-P, Ojwang, Wanjala, Njoki S. Ndung’u and Lenaola, SCJJ)             ELECTION PETITION NO. 1 OF 2017                                        - BETWEEN -  1.  RAILA  AMOLO  ODINGA …………….………………….….1ST PETITIONER   2. STEPHEN KALONZO MUSYOKA ……………………..…2ND PETITIONER AND 1.  INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION……………..….…………1ST RESPONDENT 2. CHAIRPERSON, INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION……..…….……..2ND RESPONDENT 3. H.E UHURU MUIGAI KENYATTA……..……..……….3RD RESPONDENT DETERMINATION OF PETITION WITHOUT REASONS (Pursuant to Rule 23(1) of the Supreme Court (Presidential Election Rules) 2017 [1]      The hearing of this Petition was concluded on Tuesday, 29th August 2017 well after 9.00 p.m.  The Judges thereafter retreated to deliberate on the following issues for determination as crafted by the court: (i)        Whether the 2017 Presidential Election was conducted in accordance with the principles laid down in the Constitution and the law relating to elections. (ii)       Whether there were irregularities and illegalities committed in the conduct of the 2017 Presidential Election. (iii)     If there were irregularities and illegalities, what was their impact, if any, on the integrity of the election? (iv)      What consequential orders, declarations, and reliefs should this court grant, if any? [2]     Having carefully considered the above issues, the following is the majority decision of the court with two Judges (J.B Ojwang and N. S. Ndung’u SCJJ) dissenting): As to whether the 2017 Presidential Election was conducted in accordance with the principles laid down in the Constitution and the law relating to elections, upon considering inter alia Articles 10, 38, 81 and 86 of the Constitution as well as, Sections 39(1C), 44, 44A and 83 of the Elections Act, the decision of the court is that the 1st Respondent failed, neglected or refused to conduct the Presidential Election in a manner consistent with the dictates of the Constitution and inter aliathe Elections Act, Chapter 7 of the Laws of Kenya. As to whether there were irregularities and illegalities committed in the conduct of the 2017 Presidential Election, the court was satisfied that the 1st Respondent committed irregularities and illegalities inter alia, in the transmission of results, particulars and the substance of which will be given in the detailed and reasoned Judgment of the court.  The court however found no evidence of misconduct on the part of the 3rd Respondent. As to whether the irregularities and illegalities affected the integrity of the election, the court was satisfied that they did and thereby impugning the integrity of the entire Presidential Election. [3]     Consequent upon the above findings, and as to what orders, declarations and reliefs this court should grant, the following are the orders of the court pursuant to Article 140(2) and (3) of the Constitution and Rule 22 of the Supreme Court (Presidential Election) Rules: A declaration is hereby issued that the Presidential Election held on 8thAugust 2017 was not conducted in accordance with the Constitution and the applicable law rendering the declared result invalid, null and void; A declaration is hereby issued that the 3rd Respondent was not validly declared as the President elect and that the declaration is invalid, null and void; An order is hereby issued directing the 1st Respondent to organize and conduct a fresh Presidential Election in strict conformity with the Constitution and the applicable election laws within 60 days of this determination under Article 140(3) of the Constitution. Regarding costs, each party shall bear its own costs. [4]     A detailed Judgment containing the reasons for this decision and the dissents will be issued within 21 days of this determination in conformity with Rule 23(1) of the Supreme Court (Presidential Elections) Rules, 2017 as it is otherwise impossible with the limited time the court has, to do so. [5]      It is so ordered. Read dissenting opinions here. DATED and DELIVERED at NAIROBI this 1st Day of September, 2017 …………………………………………..              ……………………………………………              D. K. MARAGA                                            P. M. MWILU CHIEF JUSTICE & PRESIDENT                       DEPUTY CHIEF JUSTICE & VICE OF THE SUPREME COURT                    PRESIDENT OF THE SUPREME COURT ………………………………………….               …………………………………………….               J. B. OJWANG                                            S. C. WANJALA JUSTICE OF THE SUPREME COURT JUSTICE OF THE SUPREME COURT ………………………………………….               ……………………………………………..               N. S. NDUNG’U                                               I. LENAOLA JUSTICE OF THE SUPREME COURT JUSTICE OF THE SUPREME COURT I certify that this is a true copy of the original             REGISTRAR SUPREME COURT OF KENYA      
Published in General News
International relations expert Ibard Ibrahim has said the annulment of Kenya’s August 2017 presidential results by that country’s Supreme Court is unprecedented. The ruling he said will serve as a lesson to incumbent leaders in Africa that, the era where they had incumbency advantage was over. The ruling he further posited casts doubts on the credibility of international observers. According to him, the caliber of observers in Kenya’s election should not have led to this development. He said, Raila Odinga after the declaration made claims that the presidential election was not free, fair and transparent. However, he was ignored. ‘’Kenya had observers like John Kerry, who led the Carter Center observer mission. After the election he said: "The process that was put in place is proving its value thus far". "Kenya has made a remarkable statement to Africa and the world about its democracy and the character of that democracy. Don't let anybody besmirch that. The AU mission led by Mr. Mbeki said it found the polls to be “largely peaceful and credible”. The European Union just as the Commonwealth observer missions also gave the poll a clean bill of health. But the opposition leader said the declaration was not the true reflection of the election and yet, he was written off and his claim was seen as the usual ranting after every election. But the court declared it as invalid, null and void. It is not the verdict by an observer mission that makes an election free and fair. How many people are they able to deploy to the various polling centres?   He said the incumbent should have won the polls transparently. ‘’Whether Uhuru is the darling boy of the Western countries; I like him he is an elegant man but in winning an election, you must win the election in a free, fair and transparent manner. This is a lesson for us and it also shows that control over electoral commissions of Africa, will not guarantee you an electoral victory. When we say an independent electoral commission, it must surely be independent. ‘’The era of advantage of incumbency is over. The Kenyan example is unprecedented. Every electoral dispute ends with the ruling party being confirmed by the court. But the ruling by the Supreme Court of Kenya, has shown that we will no longer sit and allow advantage of incumbency affect our elections…It is a very good example for the electoral process on the African continent,’’ he said.
Published in General News
President Nana Addo Dankwa Akufo-Addo has said his government is committed to maintaining the atmosphere that allows people of all religious persuasions to practice their religion. Delivering a speech at the Independence Square during the Eid Eid al-Adha prayers, the president said, Ghanaians would be allowed to practice their faith without lit or hindrance. The president also urged the Muslim community to accept government’s free Senior High School Education policy. ‘’We are in a better place to practice our religion if we are educated. The free SHS policy eliminates one of the major barriers to seeking secondary education, poverty. Its my fervent believe that it is only an educated population that can accelerate the development of our country…I cannot end my statement without urging the education of the Muslim girl or woman,’’ he said. Eid al-Adha, which means “Feast of the Sacrifice”, is the second of two Muslim holidays celebrated worldwide each year, and considered the holier of the two. It honours the willingness of Ibrahim (Abraham) to sacrifice his son, Ismaeel (Ismael), as an act of obedience to God's command. Before he could sacrificed his son, God intervened by sending his angel Jibra'il (Gabriel), who then put a ram in his son's place. In commemoration of this, an animal is sacrificed and divided into three parts: one third of the share is given to the poor and needy; another third is given to relatives, friends and neighbours; and the remaining third is retained by the family.
Published in General News
The Ghana Education Service has released a statement saying that 92 percent of students who sat for the 2017 Basic Education Certificate Examination (BECE) qualified for the free Senior High School (SHS). The statement signed by the acting Director-General of Ghana Education Service (GES), Prof. Kwasi Opoku-Amankwa, it stated that out of the total number of 460,941 registered candidates, 424,092 candidates representing 92% qualified to be placed on the Computerized School Selection System Placements (CSSPS).  Out of the total number of 460,941 registered candidates, 424, 092 candidates (92%) qualified to be placed.  A total of 36, 849 candidates (8% of the total) were not placed because they scored a Grade 9 in either English or Mathematics. During this process, 267,327 candidates secured places in schools of their choice, whilst 150,770 candidates could not be placed in a school of their choice. They are being given the second chance of choosing school,’’ the statement said. Below is the full statement On 21st August 2017, the WAEC released this year's BECE results. The CSSPS began the process of placing BECE candidates in the various senior high schools across the country of their choice.  Out of the total number of 460,941 registered candidates, 424, 092 candidates (92%) qualified to be placed.  A total of 36, 849 candidates (8% of the total) were not placed because they scored a Grade 9 in either English or Mathematics During this process, 267,327 candidates secured places in schools of their choice, whilst 150,770 candidates could not be placed in a school of their choice. They are being given the second chance of choosing school.  The qualified candidates who did not get a place in their choice should go online and select available within 48 hours from today.  Students can check their status from 8am tomorrow 1st September 2017 by logging onto www.myresult.net and following the online instructions.  The 2017/18 academic year for all senior high schools will commence on 11th September 2017.  All Form One students are expected to report to their schools on that day. 
Published in General News
Kenya’s opposition leader Mr Raila Odinga has condemned the Independent Electoral and Boundaries Commission and called for the prosecution of its commissioners. Speaking to his supporters shortly after the Supreme Court annulled the presidential election and called for fresh polls in 60 days, he said, “We have no faith at all in the electoral commission, they have committed criminal acts. Most of them actually “belonging to jail” and therefore we are going to ask for their prosecution.’’ The Supreme Court of Kenya on Friday September 1, 2017 annulled the result of the last month's presidential election. Citing irregularities, Chief Justice David Maraga said a new vote should be held within 60 days. Reading the ruling - reached by a majority of four to two among the judges - Justice Maraga said the 8 August poll had not been "conducted in accordance with the constitution". Shortly after the ruling Mr. Odinga  said the ruling was a triumph for the people of Kenya. Mr Odinga’s lead lawyer James Orengo said IEBC should not preside over another election. “What IEBC did was treasonable because they wanted to declare the presidency against the Constitution. I don't think IEBC will preside over the election,” he said.
Published in General News
A Kenyan national, Daniel Lonzo has told Rainbow Radio that the people of Kenya are overjoyed following the Supreme Court ruling on the presidential  election petition. Speaking from Mombasa, the second largest city in Kenya he said, ‘’the people of Kenya for now are overjoyed from the results of the Supreme Court. They are all celebrating now.’’ The Supreme Court of Kenya on Friday September 1, 2017 annulled the result of the last month's presidential election. Citing irregularities, Chief Justice David Maraga said a new vote should be held within 60 days. Reading the ruling - reached by a majority of four to two among the judges - Justice Maraga said the 8 August poll had not been "conducted in accordance with the constitution". When asked why the people were overjoyed and if they wanted the opposition to win the elections, he answered and said yes. He indicated that Raila Odingo was the people’s choice and in their view, the election was rigged in favour of the declared winner. Raila Odinga he posited won the polls but was deprived of his victory and so, the court ruling was an indication of the irregularities. The jubilation he said showed that the people wanted Raila Odinga. According to him, the jubilation is like Kenya has gotten a new independence. Uhuru Kenyatta was re-elected as president in Kenya, with final official results giving the incumbent a substantial margin of victory over opposition politician Raila Odinga. According to official figures released by the country's electoral commission, the incumbent secured 54.27 percent of the ballots cast, while his rival, Raila Odinga, won 44.74 percent. Kenya's opposition party after the declaration said election results were rigged and demanded that  Raila Odinga be made president.
Published in General News
Former President John Dramani Mahama has seek for Allah’s blessing for Muslims as they celebrate Eid al-Adha. The former president in his in a tweet said ‘’On the holy occasion of Eid al-Adha, may the blessings of Allah continue to light our ways. May he accept our sacrifices and prayers, keep us united and grant our dear nation peace, happiness, success and prosperity.” Eid al-Adha, which means “Feast of the Sacrifice”, is the second of two Muslim holidays celebrated worldwide each year, and considered the holier of the two. It honours the willingness of Ibrahim (Abraham) to sacrifice his son, Ismaeel (Ismael), as an act of obedience to God's command. Before he could sacrificed his son, God intervened by sending his angel Jibra'il (Gabriel), who then put a ram in his son's place. In commemoration of this, an animal is sacrificed and divided into three parts: one third of the share is given to the poor and needy; another third is given to relatives, friends and neighbours; and the remaining third is retained by the family.
Published in General News
The opposition National Democratic Congress (NDC) has congratulated all Muslims in the country on the occasion of the Eid al-Adha celebration today, Friday, 1 September 2017. General Secretary of the party in a statement said, ‘’ “The National Democratic Congress (NDC) wishes to congratulate Muslims in Ghana and the world all over on the occasion of Eid al-Adha. “We extend warm felicitation to you as you celebrate this all-important Feast of Sacrifice, an occasion which you have consistently observed to ask for Allah’s blessings for mankind. As required in Islam, you always offer yourself for spiritual cleansing during which you re-establish and rededicate yourselves to Allah for spiritual upliftment. “The NDC believes that your prayers and sacrifices have yielded positive results, culminating in the peace, stability, unity and development in the country. Your dedication and commitment to prayers have equally accounted for the peaceful co-existence among all faiths in the country. “The NDC, on this auspicious occasion do not only commend you for the sacrifices and prayers for the nation, but also urge you not to relent on efforts to educate and create awareness on the relevance of democracy among people of the Islamic faith. That would enable the nation to reap full dividend in the country’s quest to consolidate its gains in democracy which has earned her recognition among comity of nations. “We are convinced that Allah would accept the prayers and sacrifices of our Muslim brothers and sisters and grant our pilgrims travelling mercies back home. We wish them happy and fruitful Eid.”
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