Opinion

Antonio Mwanza: Lesson From Kenya

The nullification of Uhuru Kenyatta’s election by the Supreme Court of Kenya is a landmark decision that must be applauded by all those that believe in democracy and justice.

As a nation there are serious lessons we can draw from what has happened in Kenya.

1. The Kenyan judges have affirmed what we have always been saying, that elections are a PROCESS and NOT an EVENT thus the outcome of an election is usually affected by what happens in the pre-election phase and not necessarily what happens on the polling day. Rigging of an election must not be attributed to just what happens on the actual polling day but to everything that happens throughout the pre-election phase. For this reason, we must always advocate for levelling of the electoral field by ensuring among others equal, fair and balanced coverage of all political parties especially by the public media as demanded for in Article 50 of our Republican Constitution; fair application of the Public Order Act; Reviewing of the Republican Constitution as well as the Electoral Process Act No.35 of 2016 to strengthen the independence of the Electoral Commission of Zambia and improve its efficiency to ensure the delivery of free, fair and credible elections.

2. We must reform our Judiciary to root out political interference and corruption as far as judgments and delivery of justice is concerned. We must demand for clear separation of powers and the independence of our governance institutions such as the Judiciary, the Electoral Commission of Zambia, the Zambia Police and others. Equally, we must demand a review of the role and effectiveness of the Judicial Complaints Commission. In its current form, the Judicial Complaints Commission is a moribund institution that is serving the interests of the judges and not the interests of the public.

3. We need to steamline and devise a clear system in which a presidential election petition must be handled to avoid a miscarriage of justice through the abuse of technical legal jargons or lacunas in the Constitution. Further, we need to review our Republican Constitution to put a clear time frame within which election petitions in this case, parliamentary petitions must be disposed of. We have cases such as the cases of Ms. Nkandu Luo and Ms. Margaret Mwanakatwe whose seats have been nullified by the High Court yet they continue to operate as MPs because there is no time frame indicating clearly when these cases will be concluded. These cases may go on and on till 2021.

In conclusion, the nullification of Uhuru Kenyatta’s election has again put so called international elections observers in bad light. It is a reminder that you cannot sit in a plush hotel room in the capital city of a foreign state for two weeks or two days as an observer and claim that elections are free and fair without putting into serious consideration the happenings in the pre-election phase. That is an insult to the intelligence of the electorates.

Issued by Antonio Mwanza, FDD Deputy National Secretary and Party Spokesperson.
Antonio Mourinho Mwanza

32 Comments

  1. Momo

    The respect of human life is well done .l don’t mean human Human Rights remember the last election pipo died in Kanya let’s wait and see what happens next after 60 day’s

  2. muma mubita

    The difference in the Kenya election petition and Zambia is that the losing party in Kenya took evidence to the court and were able to prove their case and in Zambia Upnd failed to prove the case and only spent their time on issues which were not important to the petition.

    • Dr. Mawelela

      Some people have to subdue opinions and follow logic how does one believe that what happened in zambia is comparable to what has just transpired in kenya ba muma mubita your comment lacks civil integrity and honest

    • Brian

      Kulibe ve uziba…u jxt commenting all because u r a pf cadre…were u even there in the court when they took their evidence??

  3. Obert

    Judges any where in the world their job has to do with life protection. What has happened in Kenya is just that. They have protected life and property of Kenya’s by making that decision .They have done Kenya good be cause if they the perttion was not heard or suppressed imagine how divided Kenya could have been. Congratulations Kenyan Judges. Keep up the good job.

  4. fest

    same applies to Zambia, but it’s only that here in Zambia we have corrupt judges or our judges are not educated enough or maybe them also they owned those Post’s through corruption.

  5. Jimmy shaba

    I agree with u muma

  6. owe dee

    It z rollng to al african nation

  7. Obert

    With or no evidence the best Zambian judges could have done was to proceed with the petition and make a ruling according to their consciousness. We need to mature as a country and face realities of life. Kenya is on course. If you’re a judge in Zambia please reflect over this.

  8. Franktok

    International monitors are usually in a hurry to declare rigged elections fair. Look for example what the Commonwealth observers did in Zambia. It had to take their boss to come in and mop the dirt they had left. Intead of looking at how orderly the queue is, observers need to look out for such elements as Chavula, transmission of results, who is receiving results but is not in the electoral commission etc. It is also a good idea to look at the guys reading out the results and note how they fidget about and show how uncomfortable or comfortable they are as they go about their business at the tallying centre.

  9. Joe

    Lungu, his anti virus, thats why he suffering with AIDS. he, his destroy everything our country. and, i wonder pipo from chipata their haven’t produce a good material president.

  10. Hammer

    The laywers of Raila Odinga never wasted time! And this doesn’t make Raila Odinga a winner. Watch the space

  11. Sampa kambwili

    To you judges in Zambia remember that you will reap what you sow. Your love for money and recognition will take you to hell. If you are not christians you need to repent . If you are christians then you need to confess your sin of greed and lust for money. Shame on you Zambian judges.

  12. LL

    These Re End Of The Days,wars Famine And Earthquake,just Prepare Yourselves Ka Local Friendly Couse Thats What we Want Ourselves,Piece Is No Longer Obeyed Be Ready Small Things Re That Bringing Conflicts In Other Countries We Watching

  13. Jamer

    The Country Is Going Down And Down And Our Economy Is Sinking,and I Thinking Chishimba K Is Better Than HE Lungu C

  14. Sylvester Kambowa

    Thanx to Kenya. As zambians what we eagered for that pertition was the rulling nothing else. Alas, it was thrown by the incompetent and un professionally judges, leaving every well meaning citizens perplexed. As we see, the Mwanakatwe and Luo’s seats were nullified and the conCourt rulling over the Ministers over stay in their offices have yield no results, now you blind supporters being led by your blind leader what are you vomiting in such scenarios useless dununa reverse funs. Yet @ Jimmy & Muma, the sychophants busy selling the rubbish deeds of drunkered.

  15. Mary

    Democracy is dead in Zambia.It has taken only 10yrs to die.What we are seeing is unbelievable what’s side is the non recognition of this fact by those in power.God I’d God of justice and righteousness and can not be mocked.Pls let ZNBC is like for those in power only it’s shameful.Where did we go wrong as a nation.

  16. sandy

    Well done ,Kenyan judges.

  17. Mpombo

    The upnd lawyers should learn from their counterparts in Kenya its up to the complainant to provide evidence & not the judges.Here in Zambia not even the Kenyan judges would have made sense of a petition that had more preliminary issues than evidence

  18. Mukuma

    Failure by concourt in zambia to hear evidence and reach a decision will always remain a blemish on zambian judiciary. It cud never have happened in england where zambia bases her legal system. Simply z judiciary failed not only z petitioners but indeed zambians.

  19. TJ

    HH never won despite using the under aged boys and girls in vote rigging in southern province!

  20. Eugene

    International observers or no international observers upholding the rule of law is the panacea to a lot of ills, elections included, period. Compare this to the case of Zambia where their Constitution says the incumbent was supposed to step aside during the period the petition, did he? He blantantly ‘raped’ the Constitution in broad daylight and not even the so called Lawyers Association of Zambia showed the red card. Or did they? Maybe, they weren’t loud enough! That act alone, and being sworn in by a charlatan when the people who were supposed to do the swearing were not sick or on leave, is rubbing salt in the wounds of the victim (Constitution)! Thinking about the elections of Kenya makes me realise that I hail from a failed state, period. Constitution is crying out seeking the pervasion of justice to be done. Justice delayed is justice denied. To the weak minded compatriots NOTE, that this is not about the Election results, aint got no clue who won. This is upholding the rule of law. My ‘sister’ Constitution was ‘raped’.

  21. Mr Justice

    TJ mbolo yako chikala together with chagwa ndimwe maimbwa.

  22. BT

    Our Nation is morally messed up. One passes grade 7 through leaked exam papers. Grade 9 same. Grade 12 also through leaked exam papers. University also through connections. First Job, gotten not on merit, but through connections. What will happen to such a person when he/she must make hard/big decision on behalf of the State?

  23. Serenity

    Congrats Kenyan judges,u hv shown Africa how democracy nd the respect of rule law must taken seriously particularly Zambia and for those of you blaming the UPND lawyers for taking too much time,jst a quick one judges are there to give guidance on how the case wil be dealt with, in the chamber nd the reason why the petition was not heard its becoz we hav corrupt judges especially the likes of judge Anne M Stali and her evil friends.

  24. vern

    It’s gratifying to note that really umwaice ekalisha nga anya. Hopefully will stay put.

  25. Prisona

    Imwe guyz lets be patriotic, upnd had evidences but luk at hw there petition taken. Imaging there is a petition but ba Lungu was busy making a cabinet. How many times were the upnd delayed? No democracy in Zambia.

  26. muku

    Comment
    In Kenya everything was done from August 8 to September 1. In Zambia from August 11 to September 4, there was nothing presented to the court except so called preliminary issues. shame to Fake lawyers and fake MPs who have failed to make good constitution.

  27. Vic g

    Its never going to be easy for hh to win an election. His supporters have a very scaring way of doing anything. They seriously need to work on the negative things that people say about them otherwise real voters can’t vote for them!

  28. Db

    Bafikala mwilatuka pa media ataaaa!!!!,if hh lost it does nt mean that he’s never going be the foolish President, time matters mwendoshi

  29. Db

    Mwanya bakoswe na hh wenu

  30. Francis Ndashe

    Let The Petition Be Heard

Comments are closed.