How the Interim Independent Electoral Commission (IIEC) of Kenya ordered Electoral Material and by doing so; the IIEC Officials secured themselves on Government funds applied for Electoral Materials!

Hassan Issack

The main issue is that there are this printing company named Smith & Ouzman (S&O) Limited, who was hired to work for Interim Independent Electoral Commission (IIEC) in Kenya. They have had a shady agreement between the Government Organization of the IIEC with certain individuals inside the S&O who made the deals and contracts that will be explained.

This is taken from the Court Document from the Crown Court a.k.a. Southwark Court in London, and the court case this information is taken from is the “Regina V. Christopher Smith, Nicholas Smith, Timothy Forrester, Abdirahman Omar and Smith and Ouzman Limited”. The Southwark Court Note that we’re made by Mark Bryant-Heron and Trevor Archer on the 30th September 2014, and where this information comes from and says how the embezzlement, fraud and corrupt Kenyan Officials used the IIEC to gain profits for themselves. Take a look!

IIEC_voting_procedure_Kenya

Corrupt Officials and how the agreement happens:

“This included obtaining printed materials for those elections e.g. ballot papers. The count alleges agreement between the defendants and the agent, Trevy James Oyombra in the case of count 1, to make corrupt payments in relation to the award of and payment for contracts to print materials” (…)“A legitimate business transaction using an agent. The agent is retained by the supplier under a contract to use his best efforts on behalf of the supplier in the country the agent is operating in. Negotiations between the supplier and the customer will often include the agent who is there and can speak to employees of the customer. As a result of successful negotiations a contract (agreement) is reached between supplier and customer for the supply of goods which are duly shipped over and the customer is invoiced by the supplier. The customer pays the invoice amount and the supplier pays the agent his fee, which is usually a commission payment in this case.”

So you have the Agent Trevy James Oyombra of IIEC who made the agreement with S&O in order for IIEC to get the material and at the same to fix the invoice so they could corrupt own employees and embezzlement. This here was managed that way. As told here:

“The customer pays for that supply of goods in the normal way, but there is an additional payment to the corrupt official in accordance with the corrupt agreement between the supplier and that official. A corrupt payment in advance of delivery of the goods may properly be described as an inducement. A corrupt payment after delivery may properly be described as a reward. Both an inducement and a reward for showing favour to S&O fall within the definition of the alleged offences in this case”.

As it continues to describe like this:

“The dealings of S&O with the Independent Interim Electoral Commission in Kenya. The defendants charged with this offence are Christopher Smith, Nicholas Smith and the company, S&O. Their agent in Kenya was Trevy James Oyombra (“Trevy”). He was a party to the agreement to commit this offence and bribe officials. He was appointed by S&O as their agent on 5/10/08”.

How they did it:

“The defendants and the agent Trevy James Oyombra (known as Trevy) agreed to bribe a number of officials at the IIEC”.

How long we’re the tenders lasting:

“The defendants are Christopher Smith, Nicholas Smith and S&O. The agent in Kenya was, again, Trevy. There were three agreements for S&O to supply materials to the KNEC. The tender for the first of these contracts was submitted by S&O in September 2009 and the final payment by KNEC to S&O was made in November 2010”.

The value of the contracts between the S&O and the IIEC:

“The value of the seven contracts was £1,377,257. S&O received ten payments from the IIEC from 22/9/09 to 8/12/10 in the total sum of £1,366,976. From that sum S&O retained £980,834. £380,859 was paid to Trevy’s bank account. Of that sum the prosecution say that it was agreed between the defendants and the agent Trevy that £337,993 was to be paid on by Trevy in bribes to the IIEC officials”.

Chicken IIEC

Direct Payment to IIEC Officials:

“The payments received by S&O from the KNEC for supplying these examination materials was £282,339. The sterling equivalent of £9,604 was paid to the agent Trevy. It was agreed that he was to pay on the sterling equivalent of £2,803 ($4,000) to officials. In addition S&O paid £5,200 directly to two officials, Paul Wasanga and Ephraim Wanderi”.

So know we see the Trevy James Oyombra to able to fix the contract deals money directly to Paul Wasanga and Ephraim Wanderi in the Interim Independent Electoral Commission of Kenya, so that they could have tenders and agreements between S&O and the IIEC. So they would have the election material from them. This was the £5,200 to the men of the IIEC officials, which is a corrupt direct deal together with the £980,000 that was in the agreement payment to S&OThe IIEC got the rest and went officially to Trevy, but after that we’re directed to the Officials of the IIEC so the £380,000. So they had an agreement that £390,400 in bribes in between the agent, S&O and the IIEC.

By Election

A timeline for some of the transactions:

Contract 1: Shinyalu and Bomachoge By-Election

“On the 16th June 2009, Nicholas Smith wrote to the IIEC chairman, Ahmed Issack Hassan [Ex AFM 0293]. The letter referred to a meeting between S&O and Hassan at IIEC’s offices in Nairobi and quotes for printing voter registration forms, voter ID cards and ballot papers for the urgent Shinyalu and Bomachoge by-election. The price quoted was £32,526. The 200,000 voter ID cards and 20,000 voter registration (“OMR”) forms were quickly produced by S&O and delivered on 27/6/09” (…)”On 29/6/09 Nick Smith sent Trevy the “attached calculation of payment for the by election requirements”, adding that Trevy had been allotted £750 for his efforts. [AFM 0292]. Trevy replied by email on the same date 29/6/09, asking for his £750 to be increased to £1,000. Nicholas Smith replied the following day, 30/6/09, saying he had just texted Trevy and attaching what he described as the accurate figures” (…)”The remainder off that contract price is divided up between funds from the contract for S&O: £21,950 and a sum of £10,576 for “comm”. Comm, the prosecution suggest is short for “commission”. The email traffic makes clear who this “comm” is for. In the email of 29/6/09, which Nicholas Smith replied to, Trevy made it clear that it was necessary to distribute this sum covertly by sending it to Trevy’s account” (…)”Wiring to Trevy’s account would avoid suspicions according to Trevy and, Trevy informed Nicholas Smith, Karani had been in communication with the seven other members of the committee about this. He added that they (IIEC officials) had been informed that “this would be done” [i.e. payment made to the officials] after S&O received their money. In a further email from Trevy the following day, 30/6/09” (…)”On 4/8/09, Trevy e mailed Nicholas Smith: [AFM 0261]: “i had a meeting i the morning and assured mr. karani and es team that once you are paid that’s when you will send over something and karani got it clear from you at the hilton that this will be done on payment. once that has been done i told em we shall all go to my bank and ill give the chicken to karani although karani hasnt told em how much it is but that’s their business. i think all this came about since they are anxious and very broke.” (…)”In the event S&O shipped 142,350 ballot papers. Nicholas Smith knew about this and gave instruction to his staff to leave the quantity off the shipping invoice” (…)”Nick Smith contacted Trevy about this and Trevy advised Nicholas Smith to let Karani know that the number of ballot papers actually needed was less than 200,000. Trevy stated that he was having breakfast with Karani and others and that payment would be made on the contract as agreed” (…)”The invoice included a price of Ksh 11.52 per ballot paper. This reflected Trevy’s observation in his emails of 30/6/09, where Trevy stated that the commission for the voter forms was just for “the iiec guyz” and that the reason for increasing the price of the ballot papers from 9Ksh to 11Ksh was to pay Trevy his commission” (…)”The total commission figure was shown as £11,236. This reflected the payments to the IIEC officials and the £1,000 for Trevy, less a payment of £250 which had been made by S&O on 11/8/09” (…)”The following day, 25/9/09 S&O sent a payment of £11,576 to Trevy” (…)”Nicholas Smith then emailed Trevy: “Karani has been in touch saying he hasn’t heard from you. I guess he is after chicken. Please confirm all is distributed.”.

Here you can see how the S&O facilitated the bribes to the IIEC as they got the contract for the Shinyalu and Bomachoge By-Election, the amount of bribes are staggering and proves how the Electoral Commission Officials ate from the top to give the Contract to the S&O. The agent facilitated it all as using the Commission on the Agreement as the bribes to the Officials and using “Chickens” to explain the values of bribes and if they we’re paid the officials.

IIEC Electoral Material

Contract 2: 2009-2010 Voter ID forms.

“S&O secured a contract with IIEC to produce 18 million voter registration cards. The value of the contract was £278,838” (…)”On 30/12/09 Trevy emailed Nicholas Smith enclosing the details of other companies who had tendered, saying “have a scrutiny of these bidders and let’s talk after.” [AFM 0254] Trevy emailed Nicholas Smith again on the same day, 30/12/09, [AFM 0253] saying that “when it comes to handling these guys (chicken) I would prefer that if dena or karani or anyone tries to come directly to you please stik to your guns and let them come and discuss non official issues with me and tha involves chicken” (…)”The entries for ‘commission’ come to a total of £88,840. It is worth noting that after deducting the cost of the commission payments, airfreight and the cost of subcontracting the production of half of the forms, S&O only kept £96,579, out of which they had to pay the costs of producing half the forms” (…)”The pricing summary has the following entries “Comm K” £69,840, “Comm D + com” £6,000, “Comm O + H” £3,000 and “Comm T” £10,000. This summary therefore divides up the commission payments. 4 days after S&O wrote accepting the contract, Trevy emailed Nicholas Smith on 4/2/10, stating that “Dena and Chirchir will be in London and would like to meet you on Monday.” He stated they “were looking for a figure of 10 million ksh for emself, commissioners and others.” He advised Nicholas Smith to let them know the commission the “board have decided was 6000 pounds as we’ve earlier discussed to everyon without saying names…..dont mention uve met kebs or oswago or hamida.” Trevy went on to state that “these commissioners are seriously fronting and I know they are with punchlines….they want to reap where they do not sow.” (…)”The total amount demanded in bribes (“For emself, commissioners and others”) of 10 million ksh (Kenyan shillings) in Feb 2010 was worth £79,000. This comprises the three commission figures other than “Comm T”. “Comm K” of £69,840 is likely to be either a reference to KEBS, the Kenyan Bureau of Standards, referred to in Trevy’s email, or is possible a reference to Karani. “Comm D + com” of £6,000 is consistent with a reference to Dena and the commissioners and reflects the £6,000 mentioned in Trevy’s email. “Comm O + H” of £3,000 is consistent with a reference to Oswago, the IIEC Chief Electoral Officer, and Hamida, an individual connected to Oswago. Finally “Comm T” of £10,000 refers to Trevy’s commission. The bribes figure (removing Trevy’s commission) is a sterling figure of £78,840 which is close to the sterling equivalent of the 10 million ksh referred to by Trevy in his email” (…)”On 2/6/10 Nicholas Smith instructed S&O’s account department [AFM 0226] to pay to Trevy the balance of £44,420, which was included in a larger sum of £121,676.64 (the balance of which related to contract 3 below) which was paid to Trevy by S&O that day. [AFM 0013] The payment had been preceded by requests from Trevy for payment. On 1/6/10 Trevy emailed Nicholas Smith, chasing the chicken: “ive spoken to the ceo on delivery of forms and he will get back to me tomorrow. hes so happy iv mentioned that chicken will be with me on Friday or saturday. i hope you will be able to make the debit transactions to me today to facilitate me to have the payments done to them by saturday latest.” [AFM 0226] Nicholas Smith, apparently unsurprised by the confirmation that bribes were to be paid, replied “Our Finance Director isn’t in today so we can’t get this payment out today, but I will ensure it is made tomorrow.” The following day Nicholas Smith instructed that the balance to Trevy be paid”.

Another contract between the S&O to the IIEC Officials through the agents that used there terms to bribe them for the agreement. The bribe was in the range of £88,840 plus the agreed payment to the agents for facilitating it as the IIEC and S&O wanted all to earn money on the state coffers. The share value and price shows how much higher the price of the products becomes with the bribes, as the production cost the same as the bribes, so the price for production become the double and without would have been about half. That together with the commission and direct commission, together with the initial commission is the ones that make the production and procurement of the electoral material expensive in this matter!

IIEC Ballot Box

Contract 3: Referendum Ballot Papers.

“This was a substantial contract to supply approximately 14.6 million ballot papers and associated forms for a Referendum. The items were dispatched in July 2010. The total contract value was £431,161.15. Trevy’s fee for this contract was £11,872.05” (…)”The prosecution case is that bribes intended for officials at the IIEC and the Kenyan Bureau of Standards (“KEBS”) totalled £108,203.82, which was reduced to £105,193.82 to take account of “hotel” costs paid by S&O during a 3-4 day visit of IIEC officials to S&O’s factory on 14th July 20103” (…)”Trevy was upbeat about S&O’s prospects of landing this lucrative contract. He reported that S&O were popular by this time with the IIEC because of previous corrupt payments which had by this time been paid or were agreed and awaiting payment and because S&O managed to combine the corrupt payments with reliable quality of product” (…)”Trevy explained that the officials wanted to take the opportunity while they were at the IIEC to make money: “Please also be advised that these guys are also here to make money […] These people are only in IIEC till the end of the year so they are after making money and they will play game with whoever puts what they want. They’ve reiterated that its better to make money with us coz we don’t compromise on quality but at the same time they want to make money”. Trevy added that he had spoken to the CEO (Chief Electoral Officer, Oswago) on the telephone and he explained how a figure of KSh 0.92 (as part of the bid price) was split between bribes for public officials at the KEBS, commissioners at the IIEC, Oswago and Dena. Trevy stated that Oswago told him he did not want to work with one of S&O’s competitors” (…)”By contrast, Oswago had assured Trevy that he would continue to work with S&O, who had paid him bribes in the past and would continue to pay him bribes in the future: “He believes in S&O and that’s what is important and we’ve given him money for the voters card and after payment for balance and pouches we are set to give him Gbp 21000 that Kshs 2,100,000. So he knows we can deliver both materially and money and I think this good will is important” (…)”Trevy went on to discuss the level of bribes for officials at KEBS, which, at KSh 0.20 per ballot paper was lower than that proposed by the officials at IIEC (KSh 0.20 per ballot paper) and Trevy’s own fee (KSh 0.10 per ballot paper), which would all be added to S&O’s price: “KEBS [Kenyan Bureau of Standards] are key guys so lets shelve theirs to Ksh 0. 20 this and any other person who will be in the technical committee. I was of getting Ksh 0.10. This makes a total commission of Kshs 0.85 to be loaded to your price” (…)”On 12th May 2010, S&O produced their bid submission for the tender. The prices had been converted into Sterling. The total price for 18 million ballot papers was £448,200” (…)”Trevy then went on to report that the IIEC would pay S&O in advance for the Referendum ballot papers because it suited them to pay before the close of their financial year: “IIEC will pay us in advance for referendum ballot papers because of the close of financial year in June.” (…)”if S&O received an advance payment, they would pay immediately: “If it is a straight advance payment then of course we are happy, and the chickens will fly straight away”. (i.e. the bribes would be paid straight away)” (…)”On 7th June 2010, Nick Smith informed Trevy that S&O wanted to start printing the Referendum ballot papers on Monday 14th June in order to deliver them by 10th July [AFM 0224]. Four batches of Referendum ballot papers (totalling 14.51 million ballot papers) were dispatched between 20th June and 28th July 2010. The shipping invoices show the total value of those papers was £361,299.01. [AFM 0218, AFM 0217, AFM 0199 and AFM 0203]. The specific value for the last 10,000 ballot papers invoiced the IIEC £3,977.19 for a further 121,900 ballot papers and associated forms” (…)”On 14th July 2010, S&O hosted a 3-4 day visit from five officials from the IIEC, namely Hassan, Nyaundi, Oswago, Tororey and Sang [AFM 0172]. Nick Smith directed other staff to make arrangements for this visit, which included booking hotel accommodation for the officials. Hotel costs of £3,010 were later deducted from the bribes paid to the officials, which appear to relate to this visit” (…)”Trevy and Nick Smith agreed to invoice the IIEC for £7,550 for these papers. Trevy reported that he had told the IIEC the cost would be between “5 – 8 thousand pounds”. Nick Smith then suggested the invoice be made out for £7,400 to “subsidise the hassle-factor for the packing lists as there is a lot of time being spent on this” [AFM 0216]. The eventual invoice gave a price of £7,550 [AFM 0309]. Nick Smith told Trevy “I have included the usual commission in this, plus some extra special Trevy consultancy fee…” (…)”S&O made the payments on 25th August and 7th October 2010, sending Trevy payments totalling £172,837.27. The prosecution case that this included £117,065.87 to cover Trevy’s fee (£11,872.05) and the bribes to be distributed to officials in respect of this contract (£108,203.82 minus £3,010 “hotel” costs)”.

Chicken Gate

This here is not the whole of cases in the note or the whole picture; this is just a show off the viable transaction from the IIEC to their hired company to produce the needed electoral material or ballots through the Smith & Ouzman (S&O). They did this with a set-up through an agent Trevy who fixed the agreement between the IIEC, KEBS and other direct officials. This have been put on the top of the needed monies for the contract either as “chickens” or “commission” has been showed in the document and to the London Court.

This here was a collaborate approach as the company earned money on dealing this way with the IIEC and the Kenyans and continued getting contracts; not condemning the corrupt behavior, but even Trevy at one point felt the IIEC Officials was this on the 4th February 2010: “these commissioners are seriously fronting and I know they are with punchlines…. they want to reap where they do not sow.”

Even the Agent who facilitated the government officials and let them go with their corrupt behavior and securing them government funds to embezzle through fake invoices and with add-ons that was going to the Officials and not to the Company that sold the material. Even he was angered that they we’re eating without working for what they are sowing. This proves a certain mentality amongst the IIEC that they wanted it this way and wanted “commission” for the buy of government procurement. It was because with these arrangements the Officials got money and the Company made sure they could eat well on the monies spent by the Interim Independent Electoral Commission (IIEC) on Electoral Material to the elections held by the commission. This proves that the need for strong procedure and oversight by ombudsmen to stop this kind of embezzlement and fraud of the government funds. So that the money actually just goes to the Electoral Material, and not as extra fried chickens eaten by the Officials!

That is enough for today. Peace.

Footage that shows how the Kenyan Police dispersed Demonstrators from CORD-K at the Anniversary Towers in Nairobi against the IEBC!

Anniversary Tower of Nairobi have yet again filled with demonstrators while the Nairobi Metropolitan Police have dispersed it quickly; as the CORD Kenya demonstrated against the IEBC, yet again!

Nairobi 09.05.2016 Demonstration P1

In Nairobi today the Coalition of Reform and Democracy (CORD) have yet again decided to Demonstrate against the Independent Election and Boundaries Commission (IEBC). As the Kenyan National Police Force has come out with their mambas and their specialized anti-riot vehicles that the Government ordered from China recently; as well as they have prepared and shot tear-gas at fellow citizens.

CORD Leaders addressing supporters along Moi avenue Nairobi before storming IEBC Offices shortly.

Nairobi 09.05.2016 Demonstration P4

What the Police says:

“Police now say they have intelligence reports that a section of Opposition supporters intend to carry lethal weapons during Monday’s protest at Anniversary Towers against IEBC officials” (Capital FM Kenya, 09.05.2016).

Nairobi 09.05.2016 Demonstration P2

The ones present at the Demonstration:

“Cord leaders and supporters defied warnings by police and carried on with their planned protests against the IEBC on Monday. In Nairobi, hundreds of supporters marched to the commission’s Anniversary Towers offices despite warnings by police. Among leaders present were Suba MP John Mbadi (ODM national chairman), Kitutu Masaba’s Timothy Bosire and Nyando MP Fred Outa. Others were woman representatives Gladys Wanga (Homa Bay) and Florence Mutua (Busia), Nominated Senator Agnes Zani and Awendo MP Gerald K’Opiyo. GSU and regular police were deployed to the premises, which they sealed off. In Kondele, Kisumu , demonstrators waved twigs while others carried a banner reading “IEBC must go!”, but they were later dispersed by police.”

Nairobi 09.05.2016 Demonstration P3 Police

The Police have already said to the Media that the Demonstrators are drunk and cannot be taken serious. As they Police have come with full-gear and full-fledged with tear-gas and cars as the clips and pictures. Contingent of police officers deployed to maintain law and order as opposition leaders and their supporters vowed to stay put as they pile pressure on electoral body to be disbanded.

Nairobi 09.05.2016 Demonstration P5

“KENYA-Cord supporters on Monday defied government warnings and turned up for their protests seeking to kick out IEBC commissioners from office. In Nairobi, the Opposition supporters started converging outside Anniversary Towers from as early as 7am.The situation was the same in Kisumu town Police officers deployed to guard the electoral body’s premises” (Wish FM, 09.05.2016).

Nairobi 09.05.2016 Demonstration P6

“Nairobi police boss Japheth Koome claimed that some protesters had planned to cause chaos and had armed themselves with crude weapons. He said intelligence reports showed the protesters were planning to attack IEBC officials and that they will be treated as criminals. “We will not allow a few people to cause violence in the city,” Koome said.There was heavy police presence at the Anniversary Towers where IEBC is headquartered” (X News Kenya, 09.05.2016).

Nairobi 09.05.2016 Demonstration P7 Tear-gas

The way the Police dispersed the demonstrators by the police officers who used Water Canon and teargas canister to keep them at bay. So the Police officers harassed the peaceful demonstrators with violence. The tear-gas even covered upper-Nairobi after the Police decided to disperse the crowd. So 30 minutes after the Police went in, the streets around the Anniversary Tower was the same and the streets empty of demonstrators as the Police and Japheth Koome of Nairobi Police must be happy.   

Nairobi 09.05.2016 Demonstration P8 Tear-gas

This will not stop here, and the Pre-Election Violence and the amount of tear-gas spread against the opposition. Who should have the right to question the Electoral Commission whom seems to be more a close ally to the Ruling Party and the Ruling Elite instead of being truly independent as it should be and represent all parties not just the Jubilee or the ones who have control of government right now! Peace.

Kenya: Government Statement on Refugees and Closure of Refugee Camps (06.05.2016)

Refugee Camp Kenya 0605.2016 P1Refugee Camp Kenya 0605.2016 P2

This is why Kenya is still a “man eat man society.” Words of President Nyerere (Youtube-Clip)

Kenya Ghost Money 1.0

The Members of Parliament in Kenya take the power to levy laws “after the approval of Parliament” and nobody else.

Kenya Parliament

There are the questions in this day and age where the power of men is unstoppable. Where the Men and Woman in Parliaments use their opportunity to take shortcuts and ways to generate more power if possible! This is what has happen today in the Kenyan Parliament as they want to secure their power and their will to make laws with their approval and nobody else.

The initial act of the amendment is setting the precedence for the approval rating and the grander gesture of the Parliament as they will have deciding effect of the lawful assembly. Not anybody else, as the Parliament can act on their own and the chambers of the Parliament decide the laws and levy them.

Here is the original text from the 2010 Constitution:

“(6) Any treaty or convention ratified by Kenya shall form part of the law of Kenya under this Constitution” (Constitution 2010 Kenya).

The Purpose:

“The Bill proposes to amend Article 2(6) of the Constitution in order to ensure that both Houses of Parliament are involved in the treaty and convention making process, so that all treaties and conventions would only become law after approval by both Houses of Parliament” (Constitution Amendment Bill 2015).

The Actual Amendment:

“Amendment of Article 2 of the Constitution: Article 2 of the Constitution is amended in clause (6) by inserting the words ―”after the approval of Parliament” at the end of the clause” (Constitution Amendment Bill 2015).

So after the vote in Parliament the Constitution will say something else, which gives certain powers to the people, the representative and so on; that is why the Constitution is set the standard of what country should have as a national level of law and justice. That is what a constitution does. So today there become a law into action made by the Representative, Members of Parliament decide to give themselves more power. As this simple added sentence into the constitution. As with the amendment will say this:

“(6) Any treaty or convention ratified by Kenya shall form part of the law of Kenya under this Constitution after the approval of Parliament”.

So there you have it. What the Parliament wants to succeed doing in own powers and nobody else. They can approve laws without anybody else through Parliament. That gives the Members of Parliament the rights to carte blanche to approve the bills into law. So the Modus Operandi will be that the MPs can through approval get it ratified into law. That is really securing POWER of the MPs and nobody else, as the approval is given them power over the judiciary and the Parliament can therefore override the “experts” on laws as they can make it on their own behest. Seems like something CS Nkaissery who likes all the power in his hands. Though has not the imprint on this as the Committee that was set-up fixed this one and other change to the law; this is one added sentence, but the law entitled lots of more as the amendments is 65 pages long. So if you want to study the changes you should. Peace.  

Reference:

The General Suggestion for the Draft Constitution of Kenya (Amendment) Bill, 2015

The Constitution of Kenya 2010

Kenya Long Distance Truck Drivers and Allied Workers Union letter – “Re: Strike Notice: Strike Notice” (18.04.2016)

Kenya Strike Letter April 2016

Communique: Meeting of Marehan Clan to Address Issues in the Gedo Region of Somalia (24-25 April 2016)

Communique Gedo People Kenya

Cord Statement: On Free and Fair Elections (26.04.2016)

Okoa Odinga 2016

Free, fair and regular elections are the enduring foundations of every democratic state, not just as episodic events, but as an integral part and societal infrastructure of civilized nations. Africa is now replete with nation states that hold regular elections but many are yet to achieve the distinction of being democratic states where human rights, the rule of law and good governance are respected. Where liberty reigns not in doses but as a way of life.

Everything must be done in every nation, including Kenya, to ensure that citizens have the freedom to exercise their political rights based on universal suffrage and in an election that makes every citizen and every vote count.

The jury is not out anymore. It is now an uncontroverted fact that Jubilee did not win the presidential elections in 2013 but were declared victorious through a conspiracy hatched by IEBC, elements in the Supreme Court and the security agencies. The misuse and abuse of technologies, the illegal recognition of a multiplicity registers of voters and the bias of the IEBC (sanctioned by the Supreme Court) was the path followed to handover power to the current administration. The police and NIS played the role of a rogue cop and a robot soldier controlled by the security barons and operatives in the office of the President and the military.

IEBC is now irredeemably tainted with scandals (chickengate and all). The Supreme Court is collapsing under the weight of corruption allegations. And the police with its infamy of lack of independence has no place in the present constitutional arrangement. CORD therefore declares that there is no proper electoral infrastructure for holding a free and fair elections in 2017.

The referendum and OKOA Kenya Bill proposed amendments to the Constitution to address the legal and institutional reforms that would be necessary to resolve controversy in the electoral law, the independence and impartiality of the police, the judiciary and IEBC. Those who are howling at us for not using legal and constitutional means to remove the IEBC forget that CORD was using the mechanism provided by Article 257 of the Constitution of Kenya.

By a stroke of the pen IEBC frustrated a valid constitutional process by falsely claiming that CORD did not attain the threshold of one million signatures of registered voters. We know that Jubilee has been living in mortal fear of a referendum. The administration has used the threat of prosecution of the Chairman of IEBC and his colleagues to secure decisions to be made in their favour by IEBC.

In Iceland a Prime Minister has resigned recently from office not through a vote of no confidence but by hearing the voice of the people when his name appeared in the Panama Papers. Public outrage was enough to trigger his removal from office. And Jubilee cannot lecture us on legality and validity of process. Mumo Matemu and other Commissioners of EACC were simply hounded out of office through intimidation, harassment and arm-twisting.

The whole of last year we urged the Government to embrace  dialogue as an appropriate and peaceful way of dealing with all issues of national concern that included insecurity; more revenue to counties; questions around ethnicity and nepotism; land; and elections. All was turned down with arrogance and chest thumping.

Yesterday a lawful attempt by CORD to have a peaceful engagement with IEBC on the basis of Articles 37 and 38 of the Constitution was violently brought down through police brutality. Many of our people were hurt. Jubilee has brought back the imperial presidency and state terror as a means of control and running an autocratic administration. We are not impressed. We condemn the state for going back to the dark days of one party state, social injustice and political oppression. We shall not allow it.

All sovereign power belongs to the people of Kenya. We, the People, are sovereign. If the state makes an attempt to establish or run the government otherwise than in compliance with the Constitution, we, the people, shall resist. If the administration chooses not to listen to us and run government by unconstitutional means, we, the people, shall exercise our sovereign power directly in accordance with the Constitution of Kenya.

On Tuesday 2nd May 2016 at 10.00 am we call upon all Kenyans to assemble at the Anniversary Towers for a date with IEBC. Subsequntly, we shall assemble at the Anniversary Towers every Monday.

The meeting will be replicated in all major towns and centres in the country to tell the IEBC, time is up, time to go. All meetings outside Nairobi will be held at the IEBC offices with emphasis on Nairobi, Mombasa, Garissa, Machakos, Nakuru, Eldoret, Kakamega, Kisii, Busia, Bungoma, Narok, Lodwar, Meru, Isiolo, Nyeri and Kitale. Kenya cannot and will not conduct any other general election under the IEBC as presently constituted.

DATED at NAIROBI

Tuesday, 26th April 2016

The worrying signs of Police brutality in the coming elections in Kenya; as the Anniversary Tower and the siege of IEBC offices turns heads; My question to the JAP is: If they will be gentlemen or conning rulers, in either the spirit of Mwai Kibaki or the spirit of Daniel Arap Moi?

Odinga 25.04.2016

Just as the dust-settles and the tear-gas canisters get cleaned away from the area of the Anniversary Tower of Nairobi after the demonstration yesterday that ended in Police Brutality and arrogance from the Kenya Metropolitan Police Japhet Koome and his IGP Joseph Boinnet. They did this in service for the ruling party and the ruling government.

Ladies and Gentlemen President Mugabe of Zimbabwe because of yesterday have let the world know that Hon. Raila Odinga cannot look at the Lancaster House in Harare and see the inflation levels up-close in the Republic of Zimbabwe. That because the grand dictator of Southern Africa is disgusted with the actions of the CORD leader and his Political Alliance.

Let’s be clear, for the Jubilee Alliance Party MPs and Leaders speaking their mind and trying to deflect the issue. The Danger is the vacuum that the political framework is creating. Everything can’t be fixed building walls even if Donald Trump and Ministry of Interior CS Joseph Nkaissery building them to secure themselves. The same metaphor should not happen between the current ruling party and coalition towards the ODM, WDM and FORD-K of the CORD. That will just make it more heated then needed in the coming months.

Arap Moi Fronpage

Just as this is happening certain voices has answered with this:

“Chief Justice Willy Mutunga has condemned the Monday teargassing incident by police on a group of CORD protesters who were calling for the removal of commissioners at the Independent Electoral and Boundaries Commission” (…)“The past is never dead. The past is never dead. It’s not even past.” William Faulkner. “Faulkner’s quote is my very painful reflection that teargassing of peaceful demonstrations has not been our past since our independence!” said Mutunga on his Twitter account” (Ombati, 2016).

This is a just answer to what happen as the Police shouldn’t attack fellow citizens in this way. That is not the way of creating dialogue between the CORD and JAP. That just becomes to stale counterparts who creates an environment that makes it harder to reform and make changes in society as the CORD will be bluntly pushed away by the security forces and Police Force without any impunity. Then I came over this fellow. The Embu Senator Lenny Kivuti said this!

Senator Lenny

Also the other reaction the CORD demonstration yesterday:

“We are thankful to God the way Kenya has been peaceful. We do not wish the country to plunge into turmoil again,” said Mr Kivuti” (…)”Anyone who has evidence against any IEBC official who has done something wrong should come forward,” said Mr Kivuti” (…)”Those against IEBC (commissioners) should start their campaigns early,” he said” (Wanyoro, 2016).

You are right at some Point, but the ones creating violence and tension yesterday wasn’t the demonstrators, but the Police Force and their reactions to the demonstration itself. This is the chain-reaction from the ones shooting the tear-gas and demolishing the citizens who have reacted together with their political party; something that Mr. Kivuti should understand as a political figure himself.

Well, the issue I have is that the IEBC have acted in bad-faith and created a uncertainty of their connection towards the ruling regime and the coming election if they will be civil. Then the IEBC need to be a unit that is not connected to none else then the procedure. The IEBC should be independent and not be partial towards any government or the Executive.

IEBC BALLOT-BOX-BYELCTION1

That is the issue that the Opposition have since the lawfulness of the Electoral Commission of the IEBC seems to be embedded with the Jubilee. Since it seems like that and the way they obviously demolished the Constitutional Referendum also questions their level of independence as the rules now is tailor-made for the ruling elite and is not opening up to the opposition parties.

So the Hon. Raila Odinga (ODM), Hon. Moses Wentagula (FORD-K) and Hon. Stephen Kalonzo Musyoka (WDM) the main trio of the CORD went into the cross-fire and melee. Because of the Anti-Riot Police under the regime put the tear-gas and the bullets towards fellow citizens without any questions. As they wanted to get answers for their muffling and hustling the reality coming to the opposition.

UhuruandRuto

The Ruling Party and the Opposition need both to relax into the coming months even as the aspired campaigning will start. The worry is that the police of Nairobi have set the precedence and might even create more havoc for the opposition as the ruling party can do as they do without any questions. That with the sense of how the Police entered and made the situation more unclear at Kakamega around 2nd April 2016; where the Police even hurt fellow protesters and fellow supports of FORD-K and ODM supporters. This here is not now a single incidence at the once again the Police went all-in in Nairobi yesterday.

The IGP Boinnet need to think through if his loyalty is to the citizens of the Kenyan People or the President and his ruling regime. The same must the Nairobi Police Commander Koome need to think about. Where does their loyalty lay we may ask?

IGP Boinnet

The other question after yesterday should be to reconcile the Opposition, the Police and the IEBC quickly and briefly if not then the hate-speeches and the termination of the resilience of the opposition will prosper in the vacuum created by this. That is not good for the ruling regime and their rhetoric. Especially, if them in the JAP speaks like the Senator Kivuti, who blames the Opposition for it, and not the ones who created the mess yesterday. Then you will have a stalemate and none will be able to counter each other in peace.

The peace that it will be will be shallow and the sudden impact might arrive later and nobody wants that. The need for dialogue and create an established level playing-ground. Not build walls, not throw tear-gas and not call each other out for non-sense need to be made. As the CORD only did what they knew, as much as the Jubilee live in arrogance and elitist place where the CORD wishes seems to be extra work and not earn extra on. Therefore the reforms from them are pointless as the ruling regime does not earn on listening to the opposition.

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The Ruling Regime seems to be fixed in their own island and think they are untouchable out of reach and the ones that deserve to run the country without question. That is not a healthy position especially when the bodies that runs elections are questioned for their independence from the current regime. Not that the opposition is always right or always wrong. But when they can question the behaviour and the actions of the institution and then get tear-gassed for doing so; then there are something missing in the dialogue between the opposition and the government body. The Government is an overbuilding of all the citizens, even the ones that didn’t vote for the current government, the government represent the whole country even the voters and supports of the CORD; they do not only represent the JAP. That is important thing to put in mind and in spirit of the discussion and movement into the coming elections in 2017.

There are roads to take and hurdles to pass, but the way they are taken will show the true character of the ruling regime and the real ethical space of all actors in the political landscape in Kenya. The determined actions and rational deficiency of the speech and asks from opposition should be worry for the ruling regime. The vacuum and the impression of the stalemate is not creating the effect or the stable consensus that should be there. This not about Hon. Odinga, Hon. Wetangula or Hon. Musyoka and their parties alone, it’s about the image and maturity of the JAP and their president Kenyatta and Deputy Ruto.

The question is: If they will be gentlemen or conning rulers in either the spirit of Mwai Kibaki or the spirit of Daniel Arap Moi? How will the Jubilee want to be remembered and how will they lead into the elections as the legitimate leaders and might be after the elections. But if the elections are run by a questionable government body then the result of the ballot might be altered in favour of the rulers who secures the payment of salaries; instead of being independent of whom ever who runs and who might be running the government and appoint the government body. That is why we have to worry and question the actions that lead to tear-gas around the Anniversary Square and the outcome of yesterday’s Police Force in Nairobi towards the CORD demonstration. If we don’t then we let them get away without even a scratch for the tears and the agony while the ruling elite rides their Mercedes and appoint officials without questions is not a healthy political environment and not the kind of precedence that His Excellency Kenyatta would leave his name to and be remembered for. Peace.    

Reference:

Ombati, Cyrus – ‘Chief Justice Willy Mutunga condemns teargassing of CORD protesters (26.04.2016) Link: http://standardmedia.co.ke/article/2000199641/cj-mutunga-condemns-teargassing-of-cord-protesters

Wanyoro, Charles – ‘Cord protest against IEBC could spark unrest, Senator Lenny Kivuti warns’ (26.04.2016) link: http://www.nation.co.ke/counties/Senator-warns-Cord-protests-could-spark-unrest/-/1107872/3177060/-/14pl832/-/index.html