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)

Opinion: President Museveni claims in a letter to the FM Kasaija – ‘that the government is “mushrooming”’, well, that is his own creation!

 

It is ironic and hard to take serious that President Yoweri Kaguta Museveni wrote a letter to the Finance Minister Matia Kasaija, Minister of Public Service Muruli Mukasa, Minister of the Presidency Esther Mbayo and Head of Public Service and Secretary to the Cabinet John Mitala. This letter was sent on the 17th July of 2017 and was titled: “Re: Mushrooming Agencies/Authorities”. It is ironic and weird, it is the irrational part of Musevenism. The ones that speaks against corruption, but give provisions for a “Presidential Handshake”. Therefore, this is in line of the others chronic problems, this is just one of them.

This here is in line of this, just like the President has problems to understand that the state will have higher costs with each added district and carving out every single county to have someone to be leaders as Residential District Commander and other local government. The same feeling I’m getting by this letter. Since it is his creation and his vision behind the new agencies and the bold hiring of cronies to any department in Uganda. That shouldn’t be shaved from history. He has had 30 decades, most of the Ministries and their agencies has come as answer to his reasoning and him sanctioning it.

Therefore this quote from the letter is obvious trying to put blame elsewhere:

The questions are: “Why have an Agency when you have a department of the government dealing with the same area of responsibility?” “Why have an Authority when you have a department of the government dealing with the same area of responsibility?” “Why have Boards for money consuming units rather than money generating units?” Boards came into existence when capitalism was growing. In the infancy of capitalism, the owner (the proprietor) would also be the manager because the operations were small. When capitalism grew, it was too much for the owner to manage. Ownership, therefore, got divorced from supervision (board work) and management (managerial work)” (Museveni, 17.07.2017).

I would say most of them are created for the same issue that the state are soon paying former ministers with remuneration to them, even when they are not in cabinet. The same procedure is with hiring cronies to the boards and agencies. Not all about need or necessary for the government or the ministries. How come there are City Hall of Kampala, Kampala Capital City Authority (KCCA) and the Ministry of Kampala. That is because the state needs to hire enough cronies to make sure they stay loyal, also the state needs more administrative organs to make sure they can find jobs for their loyalists. Not because Kampala needs all of these administrative bodies to function, it does not help that the state also have a Presidential Advisor for Kampala. All of this is proof of the mismanagement. This is only in Kampala and without taking a deep dig into the wards and under all the mayors of Kampala. Not what that is under Lord Mayor and KCCA Executive Director.

The letter continues:

Why, then, should you separate the policy role from the regulation role for the non-commercial bureaucratic portions of the government; Forests, National Parks, Roads, NAADs, etc? Their functions are just two: policy and regulation. There is no business involved. If the Ministries of Works and Finance want to form Road Construction companies that will compete for construction jobs, then it makes sense for those companies to have Boards and Management but not a Board for a unit whose only job is to award contracts using government money” (Museveni, 17.07.2017).

It is ironic again, because NAADs, SACCOs and other Youth Livelihood Programmes have all been created by Museveni and run by close associates, even Salim Selah in some instances. That the President suddenly have issues with this weird. Since on the Campaign Trials, it seems like it is remedy and the solutions to use these government programs, but now with growing debt, it is an issue? You need this money to build a petroleum pipeline and refinery? You can wonder, I wonder, if this is the reason! Since these sort of boards, sort of agencies has been put in place, by laws signed by Museveni and accepted by him. Many is part of legislation to secure each and several ones for pivotal parts of government. Others are just created to hire cronies! Therefore, weird that he want to sack cronies… but maybe it is within need?

I want efficient with no further delays. You have up to 20th December 2017, to propose a plan to Cabinet” (Museveni, 17.07.2017). It seems only to able to change this with bringing in new tools. President Museveni needs these boards for every produce and every parts of government. That is within himself, as the ideology has no value and also no vision. Other than keeping himself in power by any means. Therefore, the boards and agencies will not cease to exists, he needs to hire cronies and pay them by either a hook or a crook. If not he has to go forward or change his system. Maybe he shouldn’t create so many ministries, districts and sort of specialized organizations, but he cannot help himself. That is his MO, nothing else. This will not change! Peace.

The letter:

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

President Museveni letter to Hon. Muruli Mukasa, Minister of Public Service: “Re: Emolument on Personal to Holder Basis” (01.08.2017)

Supreme Court of Kenya – “Practice Directions – Presidential Elections Petition 1 of 2017: Raila Amolo Odinga & Another V Independent Electoral Commissions & Others” (21.08.2017)

Kenya: NASA Statement – “Jubilee Now Blackmailing NASA Candidates” (21.08.2017)

Another IEBC killing: This time the murder of IEBC Deputy RO Caroline Odinga of Siaya County!

Caroline Odinga, an Independent Electoral and Boundaries Commission (IEBC) Deputy Reporting Officer (RO) was found dead yesterday. Another strike of murder in the midst of the election quarrels that are in Kenya. This is not a sound regime, when yet another life is taken. In midst of hours after Election petition of National Super Alliance (NASA) to the Supreme Court, and the questioning of the legitimacy of the election. Since this question the incumbent and current President Uhuru Kenyatta.

There has already been people dead who were important in the days ahead of 8th August, as now the votes and counting are in question. This doesn’t help the Jubilee, as another murder and another questionable life ends. She was found in Sega town in Siaya County. This is a serious story, as it is another life taken to early, because of the general election in 2017. She was the Deputy Returning Officer for the County, so this an RO that has been killed. There been reports that she was mutilated and left in the bush.

The reckless violence, the killings are clear sign of the electoral malpractices, since the state has to cover-up their mismanagement and doing so by taking away witnesses. It is insane, but seems most likely. Caroline Odinga, is yet another victim and another family who has lost their loved one.

We can wonder why she was murdered, did she not want to sign of on fake 34(a) or 34(b), that is fitting with the IEBC bots of the Presidential Election? Was she not complicit to the forged results of the polling stations in her county? Is that the reason, what else it is? Since she would be there when the counting was happening and would verify the results. That is the only thing making sense at this point.

We cannot really know why or who did the killings, if the National Police Service will solve it. Since the connections to killings might be up high. This being said, since the IEBC killings are continuing and escalating. This should be evidence of the fraud that has to be covered up. The innocents are dying and the ones working for justice gets taken away, while the thieves and killers are lingering. This isn’t a healthy sign, but another sudden death without answers. The reasons might be plenty, but connections to forged forms and questionable electoral practices seems likely. That is worrying, that yet another life is taken away, so the Jubilee can continue their looting. Peace.