Rwanda: The FDU-INKINGI Strongly Condemns the Inhuman and Degrading Treatment of Detainees in Rubavu Detention Centre (30.08.2017)

Kenya: Presidential Election Petition – “Form 34C and 34B Verification Report”

Rwanda: Former Presidential Candidate Diana Rwigara and her family detained on an unknown location!

If you did not know, if you are real opposition to President Paul Kagame, you might be hunted, starve in jail or end up poisoned in the diaspora. This is evident in the past and now again in the present. In Rwanda, standing against the one man with heart, brain and control, Kagame, means losing it all or being left out from society. It is as if you are condemning yourself to treason and assault of your rights.

The newest candidate, who was a real opposition, bold enough to stand as a candidate on her own merit and independence was Diane Shima Rwigara. Her candidacy was by the Electoral Commission denied and revoked. She was under house arrest before and after the election; this has now ended, but not in positive way.

If you would think a person, getting 98% of the votes would feel like Teflon and feel on top of the world. Instead, he knows these numbers are not real and has to intimidate the ones who stands against him.

Now, there are reports from friends of the former Presidential Candidate Rwigara, that she are detained on an unknown place together with the family. The police on the other hand are saying: “The romour that is currently circulating that Diane Rwigara has been arrested is not true (1)” (…) “What is true is that police has conducted a search at her family residence as part of preliminary investigations (2)” (Rwanda Police, 30.08.2017). This here is ordinary, that the Police is deflecting the truth and trying to shield their activity against opposition. That is why Victoire Ingabire Umuhoza is behind bars on treason for trying to stand as opposition candidate against Kagame. Therefore, it is not like it new territory for the Rwandan Patriotic Front (PRF) and their head-honcho to push the boundaries of justice.

Therefore, to be honest, I do not have faith in the Rwandan Police to treat her fairly or with swift justification, since they have transgressed against dozens since 1994. The RPF and their squads know exactly what to do, to silence and making someone stop. The Police said their where raiding the home of Rwigara for charges of tax evasion and other trying to justify their breaking and entering. Still, the facts remain that the former candidate are now missing.

The truth tellers is not hired by the Police, neither by the authorities who are trying to deflect their activity and their misbehavior! This is not new and as long as Kagame is running the show, things will not be changing. Since he cannot stomach anyone standing against him, unless they are puppets for the mere show. To say something else at this point is ridiculous!

We can hope she reappear and the transgression against her will and her family will stop, but the authorities of Rwanda are without mercy. They will not do this unless they think they can intimidate her to silence. That is their end-game, to silence and stop the opponent to work against the almighty ruler Kagame. Peace.

Kenya Presidential Petition No. 1. – “Report of ICT Access/ Audit Report” (August 2017)

Kenya: The County Government of Nandi has made the following changes (28.08.2017)

A brief look into the Kenyan Presidential Election Petition of 2017!

The heavy contested Presidential Election in Kenya are now soon starting in courts. Both parties have delivered their affidavits and evidence, either of a “free and fair” election and the other of a rigged party. This is the questions that the Supreme Court of Kenya will look into, the different evidence from the National Super Alliance (NASA) and the Presidential Candidate Raila Odinga and the Jubilee Party and incumbent Presidential Candidate Uhuru Kenyatta. This documents has been delivered before, but I will now take my favorite passages from some of the documents. Since there are interesting and sort of different than usual. I wouldn’t expect all of these words from either party. But worth taking note, since they are describing two different scenario of the same event. Not strange, considering Kenyatta wants to keep power and linger, while Odinga want justice for the voters.

Uhuru Kenyatta in his affidavit states:

The difference between the votes cast in my favour and those cast in favour of the 1st Petitioner is 1,401,286. Such a margin is significant and emphatically demonstrates the sovereign will of the people of Kenya” (…) “Despite such clear poll victory, the 1st Petitioner has continuously disparaged the electoral win and coined such demeaning remarks as computer generated leaders” (…) “The Deputy President and I are not computer generated leaders (“vifaranga vya computer”). The electoral victory was effected by the Kenyan voters” (Uhuru Kenyatta Affidavit to Election Petition No. 1. of 20017).

Raila Odinga in his affidavit states:

In particular, I am aggrieved that the conduct of the presidential election failed to meet the constitutionally prescribed threshold of free, fair, transparent, accountable, credible and/or verifiable elections on the following brief grounds;” (…) “The collation, tallying, verification and transmission of presidential election results was riddled with major procedural flaws, illegalities and/or irregularities of the nature and extent that compromised the credibility of the outcome and/or final results declared on the 11th August 2017” (…) “Bearing in mind the mischief that electronic transmission of results sought to cure and the constitutional obligation that the transmission be prompt, secure, accurate, verifiable, accountable and efficient, the unreasonable delay in electronically transmitting results together with the prescribed forms grossly affected the credibility and therefore the validity of the results purportedly declared by the 1st Respondent. Indeed the 1st Respondent’s Chief Executive Officer, Ezra Chiloba is on record admitting that as at 17th August, the 1st Respondent was yet to provide all the forms 34A and 34B – over 9 days after close of polling” (Raila Odinga Affidavit to Election Petition No. 1. of 2017).

These two affidavits shows a spectrum of difference and understandably so, since Kenyatta wants to keep power and doesn’t accept being a computer manipulated leader. This might be true, but the results delivered on the IEBC Portal is and are weird, as the IEBC has not been truthful with deliverance of counting and verifying the results. So that the NASA petition and affidavit is so critical is understandable to. Since he see the rigging and the possible fraud within the election, he can question it so since Chiloba was honest saying after the announcement of result. That the IEBC didn’t have the credibility it needed, especially also considering what even Chiloba said days after.

Like take a look at what the NASA written submission:

The Petitioners, in paragraph 23.4 of the Petition contend that all returns without the IEBC’s official stamp not bearing the particulars and signatures of the Returning Officers, not bearing the particulars and signatures of the agents, and those not borne on the prescribed forms are invalid. In paragraph 23.7.8 the Petitioners aver that a substantial number of Forms 34A and 34B do not bear the IEBC authentic stamp or at all” (…) “65. The Petitioners, from paragraph 21.2.4- 21.2.8, allege the following:

i) The information in Forms 34A is not consistent with the information recorded in Forms 34B; in the result the Form 34Bs were not accurate, verifiable, internally consistent and are consequently invalid;

ii) The nature and extent of the inaccuracies and inconsistencies in the tabulations is not clerical but deliberate and calculated; and

iii) The Petitioners aver that the inaccuracies and inconsistencies affect and account for at least 7 million votes” (NASA Written Submission to Election Petition No. 1. of 2017).

When the NASA has these rightful claims to make and measure of 7 million votes possibly tampered with in favor of Jubilee, it says the level of possible rigging. As the public themselves has scrutinized the IEBC Portal and the documentations of Polling Stations and their forms. This has not encouraged the trust of this election. Therefore, it is still healthy to read the defense from Jubilee.

My Lords, we must appreciate that the voting result anywhere in the country didn’t produce any unusual voter turnout. Both the 3rd Respondent and the Petitioner scored high in their strongholds. The advantage of the 3rd Respondent had high voter registration, which simply carried over unto the victory he scored against the Petitioner” (…) “Vide the Petition dated 8th of August 2017, the Petitioner also seeks that immediately upon the filing of the Petition, the 1st Respondent do avail all the material including electronic documents, devices and equipment for the Presidential Election within 48 hours; and secondly immediately upon the filing of the Petition, the 1st Respondent do produce, avail and allow access for purposes of inspection of all the logs of any and all servers hosted by and/or on behalf of the 1st Respondent in respect of the Presidential Election within 48 hours;” (…) “From a reading of this, we humbly submit that the Petitioner is engaging in a fishing expedition and ultimately seeking to shift the burden of proof upon the Respondents herein. It is trite law that he who alleges must prove. The burden of proof is on the Petitioners to prove the facts as alleged against the Respondents herein. A petitioner who seeks to annul an election bears the legal burden of proof throughout the proceedings. The Petitioner is required to prove such facts by adducing credible evidence in support and if he fails to do so his case must fail” (Jubilee Written Submission to Election Petition No. 1. of 2017).

The Jubilee, clearly doesn’t show much else than swagger in this take of it. Instead of coming with evidence or legal remedy, they are using political power. Nearly, saying that NASA are crying foul, instead of being truthful about the matter. That as the public even has seen so many questionable declaration forms. Like the NASA is out fishing for sympathy, however the Jubilee are really just claiming a fair win, without showing any effort of doing so.

The IEBC affidavit of Chiloba says something interesting too:

THAT I reiterate that the results of the outcome of the presidential election in the various polling stations are as contained in the Forms 34A. The inadvertent transmission of wrong images on the pubic portal did not affect or invalidate the result contained in the statutory Forms 34A” (…) “ THAT in response to paragraphs 6 & 7 of the Affidavit, I confirm that all agents at the National Tallying Centre were provided with access to the Forms 34A and 34B and given an opportunity to verify the results before declaration” (Chiloba Affidavit to Election Petition No. 1. of 2017).

I hate to say it CEO Chiloba, somewhere here in your testimony your lying, if not your we’re lying 9 days after declaration of results on these Presidential Election. Since the agents at the Tallying Centre we’re supposed to have the forms before declared results on the IEBC Portal, but alas, the state of affairs wasn’t so. Since you continued to upload the forms days after announcing the results. Something is not right and you as Chairman knows this, the same knows Jubilee and NASA. That is just a mere fact, since you cannot in the press says day after “we are still uploading missing forms” and in affidavit for the courts say “we had all forms”… There is a lie either today or yesterday, which should we believe Mr. Officer?

As we continue there are more things to look into. As the Election Petition is heavy, but this is the tiny pieces of it. Chairman Wafula Chebukati says this:

THAT it is not correct, as the Petitioners have alleged, that the Commission presided over a shambolic 8th August 2017 presidential election. No single activity/process was done haphazardly” (…) “THAT I verily believe that the electronic transmission of the results by the Commission was secure, prompt, accurate, verifiable, accountable and efficient. All the results declaration Forms were subject to verification by the candidates’ agents/representative and immediately thereafter forwarded to the National Tallying Centre” (Chebukati Affidavit to Election Petition No. 1. of 2017).

The Chairman compared to the CEO has more spunk, has more flair in his words against the petitioners, well, the Jubilee and IEBC has attacked the NASA, before they addressed national insecurity. So that just fit a pattern. Clearly, the IEBC tries to save face in this instance. Well, if Chebukati was speaking the truth, why does he counter the words of Chiloba and even Odinga? Who is lying Chiloba no.1. or no. 2. or is Odinga? It is hard to wonder who did the forms when and why they we’re announced declared, before the public results we’re done. The Portal continued to run its simulation even days after announcement of victor. So the Chiloba and Chebukati, must feel pressure to explain this in the courts.

To take another affidavit, we should look briefly a little of what Stephen Kalonzo Musyoka says:

As a result, the credibility of the outcome of the presidential election has been gravely compromised and is, on available evidence, not representative of the will of the people” (Stephen Kalonzo Musyoka affidavit to Election Petition No. 1. of 2017).

It is a serious warning of Kalonzo since he says the Kenyatta victory would undermine the whole will of the Kenyan people. There we’re many who voted Jubilee and the incumbent, also on their MPs and other positions, but the NASA believes because of their evidence that they are ones the people selected. The whole process was made to secure the Jubilee and Kenyatta again. Therefore, this is compromising the electoral process and the legitimacy of Jubilee.

This is just a little bit of it and not a deep dig even. But the clear questionable election and the petition will open more can of words, than the documents on the Judiciary Kenya web-pages. Peace.

NASA Statement: “Uhuru Kenyatta Acting in Bad Faith” (24.08.2017)

NASA Statement: “Uhuru Wrong on Seat Numbers and his Fraudulent Win” (24.08.2017)

Kenya: NASA Statement on Form 34s (23.08.2017)

NASA Statement – “Launch of Campaign for Electoral Justice in Kenya” (22.08.2017)