There has been doubts and with history in mind, there is enough justification. There is enough burned down bridges, which has now disappeared into hopelessness, but today there was something significant that appeared. The Supreme Court of Kenya annulled the fraudulent and fake tally of the Presidential Election and the result giving incumbent President Uhuru Kenyatta a second term. Surely, the ones celebrating and honoring the man must feel foolish today, especially the likes of Pierre Nkurunziza who has celebrated Kenyatta twice in August.
Well, the Jubilee and the Independent Electoral and Boundaries Commission (IEBC) must feel heartbroken today; the token of their misfortune, the level of electoral fraud was verified. The results that gave the President another go, was not up to the level of the Constitution and the laws for elections. This must be a defeat and a victory for justice.
That the National Super Alliance (NASA) can celebrate today is so right, the reports given to the Supreme Court of activity without any consideration of the implications, shows by all errors and planned rigging that the Jubilee and Kenyatta was bound to win. The numbers, the systematic operations of forging forms and numbers on the public portal, was in question early on and is now proven to be true.
The questions of hacking, of illegal operations that was made to count in favor of Jubilee, is now also open to the market. It is not talk anymore, but verified by court. The petition victory has signaled that James Orengo and the NASA team was right. There was many grave issues and insults to democracy, to the public and their votes. The ballots was not counted and taken care of, they were insulted and extended grave misconduct in favor of Kenyatta.
This has now been overturned and give way to new polls within 60 days. Hope someone trustworthy and someone who has the capacity to run sufficient elections can run it. Someone who want to be transparent and Nobel in request of justice for every ballot. What is worse is that all international observers was saying that the elections was free and fair. However, the national and own republic’s Supreme Court said that was a lie today. The ones that was in Kenya in August, had better not arrive back in October, there lies has now been proven to the whole world.
We can only hope the just results and the ballots are respected in the second round K.O. That also Odinga who didn’t cheat gets his chance of getting to Canaan. The respect of the voters and their ballot is vital. That didn’t happen at the first round of Presidential Election in August 2017. I hope that that can happen now. There are many questions remaining, who ordered the results and who would really enjoy spoils, other than Kenyatta and his Party. Who would earn fortunes on the blatantly disregard of the people’s will?
Because they should pay for the forged attempt of thieving the republic! The victory might be in vain, if the same sort of people get to put their cards into play in the second round. We got to hope, but even as the deck is stacked on the table. There are still to this day enough actors at play, who can forge and play foul. When they have already tried once, they might try twice, especially if they do not pay for their acts against the law. Peace.
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.