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Opinion: The IEBC shouldn’t hold the 26th October Elections, they should postpone it!

I know its only 4 days to the 26th October, the second Presidential Election in Kenya after the nullification of 1st September by the Supreme Court. Aftermath of that has not showed anything prosperous or changes of the program by the Independent Electoral and Boundaries Commission (IEBC). The Internal Memos that have been released to the public, has showed how the IEBC have geared for similar program as in the 8th August 2017.

The revelations of Dr. Roselyn Akombe, the former commissioner and her 9th October Internal Memo to Chairman Wafula Chebukati combined with the Internal Memo sent from CEO Ezra Chiloba to the Returning Officers and Polling Station Officials on the subject of the “RTS” System. They have clearly followed the same procedure, sending Chiloba on vacation isn’t changing the procedures. As the lack of transparency before the polls. It is only rare luck and also the letters between Chiloba and Chebukati has proven how fraudulent the affairs is. But not that has been discussed or taken into consideration.

This together with the United States, United Kingdom and the European Union Envoys has taken the side of the IEBC, talking about process and verification of the election. Even if the elections isn’t credible or free and fair. While the Jubilee party has attacked the Supreme Court and National Super Alliance, while it has defended the IEBC. Kenyatta and Ruto has attacked them both with fierce words and accusation. Matiangi has even banned NASA Demonstrations, while letting the Jubilee demonstrate with burning tires in peace. The Police has even killed in Nairobi and Kisumu, all from grandmothers to babies has been killed by the security organization. This on the watch of the Matiangi and Kenyatta. They have not condemn the killings, neither have they stopped them.

This has been the ordinary days of work for the current leadership. While the NASA Presidential Candidate Odinga and Deputy Candidate Kalonzo Musyoka have pulled out. Even with just mere days ahead, not even having proper nominations according to law. The previous candidates has been put on ballots and has been gazetted. The good news is that the Electoral Laws in Parliament hasn’t been signed by the President and neither tried in the Courts. To see if the Constitutional Amendments would even be legal. Clearly, the Jubilee have done everything they could to seal the second term.

Odinga and NASA has questioned the IEBC from the get-go and that has been righteous. Even if the foreign envoys and the Jubilee has tried to deflect it. Because they will alter the results in favor of the incumbent Kenyatta. The 26th October 2017, the second Presidential Elections and polls, but will not make a difference.

Even if Dr. Ekuru Aukot and all the candidates on the ballots are just a front. As the gazetted timeline and the questionable new ballots that has been delivered. That doesn’t mean it will matter. The mothers of demonstrations has been promised on the 26th October, as well as surely Matiangi’s National Holiday will be a day of chaos. Since the Police will be hostile to demonstrators. Even some returning officers and parts of the IEBC plans to lay down their work for this exercise. Some parts of Kenya are the NASA saying they will not vote at all.

All of this is happening and Kenyatta are just blaming the NASA and praying. He is ready to be vindictive and controlling. Kenyatta are blaming NASA for chaos and keeping the country in suspense. While, it is his non-actions and will of reforms that brought the nation here. It wasn’t NASA, it was the Jubilee and their will of controlling the Electoral Body that got them here. All blame has been put on Odinga and NASA, when they have asked for reforms and used civil disobedience with demonstrations. That the state has tried to silence and block, which has been fatal to many. Too many, and too many has ended in hospitals as an effect of it.

This is not how it is supposed to be, that the Electoral Body is so questioned, but neither is the means of the organization supposed to be like they are. They are to involved in the one ruling party and worked in cahoots with them. That is why the whole elections will be in shambles.

There are too many pieces of the puzzle that hasn’t been arranged properly. The actors are cheating and putting them in place, without proving if the pieces fit the puzzle. We can only see in the days ahead, but not expect it change. They are trying to pursuit the road of unhappiness and the road of rigging, hope for legitimacy and the ways the international community combined with the rest of East Africa. They might as well get that, because the Americans just wants a loyal puppet and the EU wants to show progress of their development projects, even if its done in a bad fashion. They don’t care about the hypocrisy and their maladministration as long it is not their own.

There shouldn’t be an election on the 26th October, the birthday of Uhuru Kenyatta, he shouldn’t be reelected. This should be postponed until the IEBC or any Electoral Body prove they will follow the Electoral Laws and Codes, so that the people can trust the results and the counting of their votes. At this point they cannot and within reason. Peace.

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Jubilee Party’s Press Conference on NASA’s contempt of Court (19.10.2017)

ICJ Kenyan Section: “Step Back from the Brink! An Open Letter to President Uhuru Kenyatta and Rt. Hon. Raila Odinga” (19.10.2017)

NASA Statement: “Akombe, Chebukati Revelations Confirm October Elections is a Sham” (19.10.2017)

“Prado’s For Principal Secretaries” – Office of the President letter: “Request for 4WDS” for Jubilee Campaigns (16.10.2017)/Disclaimer letter to Nation Media Group (18.10.2017)

Presidential Pledge Bonanza: The High Court has ordered the “Delivery.Go.Ke” as unlawful!

The pledges and promises site of the supposed achievements of the Jubilee Administration, which is the works and policies done by Government of Kenya (GoK). The National Government that has done this has broken codes of conduct and the laws, as the violations of the Election Offences Act of 2016. The same state has also broken the codes of law, when using the state resources to support and make the web-site. The order today from the High Court ordered that if any person, proxy or any other acting person to not under direction of the order to stop making state advertisement, to restraining the web-site and the public banners or other equipment to advertise the advertisement page of the GoK.

That the President Uhuru Kenyatta and his ruling party has impressively broken codes and laws he has sanction in his own time. The President has used state resources and advertised in a way that is not legal. The Delivery.Go.Ke is unlawful. Its impressive the arrogance and the possible acts of the ruling regime. That they have no trouble putting it up and trying to make themselves look successful, but has to do it in unlawful way.

The High Court used this part of Election Offences Act article 14:

(2) No government shall publish any advertisements of achievements of the respective government either in the print media, electronic media, or by way of banners or hoardings in public places during the election period” (Election Offences Act, 2016).

The issue is clear and the law is not hard to understand. Even layman can understand the issue and grasp the intent. That the respective government, in this case the Jubilee Party and the Jubilee Administration, the State House who supported and build the web-page clearly broke this law. They used this and made this page with intent of the election period. This sort of digital portal of achievement, wasn’t to show transparency or their efforts of holding up to standard of the pledges of previous election. Instead, an advertisement of Kenyatta and his closest associates.

That the page is made by the President’s Delivery Unit (PDU) and a team led by Andrew Wakahiu. The others are: Lee Kyonze, Eliud Lelerai, Nyamu Githaka & Cindy Kuria. The PDU is: “Established in 2015, The President’s Delivery Unit is a centre of government function based in the Office The President. Its primary remit is to improve the coordination of National Government flagship programs, monitor, evaluate and report on and the timely fulfillment of H.E. President Uhuru Kenyatta’s key development priorities” (Delivery.co.ke – About PDU). The whole web-page is mixed together with the Office of the President and Government of Kenya. Clearly, it is like a phenomenon of adverts.

Therefore, the judgment of High Court seems fair, thinking of the use of applied law and the structure of the page. It would be different if the President had this as a single rich Milk-Magnate and supported it with Brookside side-cash, but this is facilitated with government resources and built out of the State House and the Office of the President. This is all part of the government structure and high-level bureaucrats who is hired to promote their President. That is why this page becomes illegal and misuse of the adverts in electronic media. Peace.

Kenya: Joint Statement by Fifteen Professional and Civil Society Associations and Organizations on the Current Elections Deadlock (19.10.2017)

IEBC Internal Memo from Commissioner Akombe to Chebukati: “Re: Planning For The Fresh Presidential Election” (09.10.2017)

Chairman Wafula Chebukati letter to Presidential Candidates: “Re: Urgent Request for Consultative Meeting in Respect of the Fresh Presidential Election” (18.10.2017)

IEBC: Dr. Rosely Akombe resignation statement as IEBC Commissioner (17.10.2017)

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