A look into Azimio Petition to the Supreme Court: The breadcrumbs of the affidavit of John Githongo… Part II – It was a demo!

That the whistle-blower and well known activist John Githongo came in as a voice of reason and as a witness who had technical device, video-tape and evidence of the electioneering, which the Azimio la Umoja – One Kenya Alliance petition to the Supreme Court needed to make the Presidential Elections of the 9th August Polls and the declared results of the 15th August 2022.

The one who had been able to enter the server and prove how the UDA officials had allegedly rigged the elections and from within. The whistle-blower should be certified and have all alleys cleared. However, Githongo seems to have put water over his head. Instead of having the proper evidence and proof. He had to file another paper called the “Further Affidavit in Support of the Petition”.

In that additional affidavit, which actually counters the one that was initially added to prove the allegations and the grievances of the Azimio team. The first statement worth looking at from the additional affidavit is this one:

That it is not true that the Petitioner has falsified logs. The logs annexed to my affidavit dated 21st August 2022 are the exact logs that were given to me by the young man referred to in my affidavit therein and therefore the logs did not originate from myself or the petitioner, but from the aforesaid young man. One cannot falsify something that has been availed to them by someone else” (Githongo – Further Affidavit).

So, we now know that Githongo doesn’t know the origin or how the logs was produced. They have just been given to him by an unknown character and an anonymous individual. Who are like that because of his concern for his safety. However, since Githongo didn’t produce it… it will be more questionable and lack the trustworthiness. These logs can have come from wherever and whoever, which can be fabricated or manufactured to fit a certain narrative or story… That suddenly fits the bill of Azimio and their legal team.

In the next paragraph he says this now: “That I have come to learn that the logs furnished to me by the young man were meant to be a DEMO on how the IEBC Server can be accessed and manipulated by external unauthorized parties. The same are screen grabs commonly known as screenshots and are not actual logs and the Affidavit of Benson Wesonga dated 21st August 2022 clearly indicates that the said logs are screen shots/screen grabs and not actual logs” (Githongo – Further Affidavit).

What is further stated by Githongo now is that the logs aren’t actual logs, but just mere screenshots, which was replicated or manufactured by choice. These wasn’t what it made to look like. His even downgrading the evidence in the Benson Wesonga affidavit. That just right ahead of the trial and the beginning of the scrutinizing the case in Court.

This is striking and we can assume there is more things going on. The Azimio legal team … should be worried. This is taking away evidence and proof. It is making it questionable and most likely in the alley of hearsay, which isn’t admissible in Court.

Wesonga and Githongo has lost out on this one. If it was sincere or honest mistake… well.. that’s not how these things plays. If Githongo tried to lie to the Courts and come with false evidence to the courts. That is an illegal act and the same can be said about Wesonga. Since, their affidavits are connected and playing off each other. Therefore, this is just shady and done to serve to purpose.

This revelation… isn’t wise or brilliant. It is just trying to clean it’s hands, because the courts and experts could have uncovered it all. They could have come to a conclusion that it wasn’t legit or possibly it. The judges could have dismissed it. However, now… when Githongo says this.

It is clear that the sky is still blue, and a lie is still a lie. Peace.

A look into the IEBC Chairman Wafula Chebukati Affidavit in response to Azimio petition to the Supreme Court

As everyone should know by now there is a game of evidence, proof and hearsay to prove that the Presidential Elections of 9th August 2022 in Kenya was rigged. I have already discussed some of the findings in the Azimio Petition, John Githongo affidavit, Ruto Response and now will look into IEBC Chairman Wafula Chebukati response to the Azimio petition to the Supreme Court.

It seems important to look into. The Azimio petition was really targeting him and Presidential-Elect William Ruto. So, they really claimed him to be a mastermind and a criminal suspect. That’s because the Independent Electoral and Boundaries Commission (IEBC) announced Ruto instead of Raila Odinga. Therefore, the response here is important and can shed some light on the matter.

The first striking paragraph: “The text and tone of the Petition are not only misleading but also seek to mischaracterize the issues with a view to discrediting the Commission and wrongly evoking disaffection against the Commission and myself” (Chebukati Affidavit, 2022).

Here we see how the words and efforts to undermine his leadership was in the petition. They are trying to make him seem as a boogeyman and he calls it rightfully so. While it will be up to the Supreme Court to state if there was any wrongdoing or not. As the IEBC claims there was only done acts accordingly to Constitution and other electoral law.

The IEBC Chairman later stated the fact that the petition called him “treasonous” and involved in a “criminal enterprise” which is things he differs on and clearly says in this regard: “The election was administered in a transparent, impartial, neutral, efficient, accurate and accountable manner. Further, the Commission endeavoured to deliver an election which simple. Accurate. Verifiable and secure” (Chebukati Affidavit, 2022).

This statement alone from Chebukati dunks on the whole petition of Azimio. Though he has not proven anything uniquely towards this. Only stating what he see as a fact at this point. Therefore, hard to verify that or see if the judges takes this even to account.

He also states: “That the transparency with which the process of tallying and declaration of results was undertaken is also captured in the reports of independent election observers” (Chebukati Affidavit, 2022).

In addition, about the tallying he says this:That with the prevailing time constraints and delays caused by the Petitioners’ agents, it became necessary to further streamline the work-flow. This was achieved by allowing the Constituency Returning Officers who had been waiting on the queue for over 48 hours to present their results to the Chairperson and subsequently submit the results to the verification tables for perusal and confirmation by the agents of the presidential candidates. The verification tables were also progressively increased to 15. The streamlining of the work-flow hastened the results verification process which was eventually completed on the morning on 15th August, 2022 with full participation of agents of the participating presidential candidates and parties, and in consultation and agreement of the Chief Agents for all presidential candidates” (Chebukati, 2022).

This just shows how the protocol changed, but still within the means of verifying the results in a quicker manner. Though this could be used against him… because his saying he speeded up the process and with these sorts of acts, there are possibility of mistakes or wrong actions. That has to be proven in the end of it. That being said: His transparent about this part too.

A shocker statement which happened on the 15th August was this: “That Hon. Raphael Tuju spoke after Senator Wako. He indicated that it was necessary for the results to be ‘moderated in favour of baba’ and that any contrary declaration of results would ‘plunge the country into chaos’. As an alternative, he suggested that in the event that it was not possible to declare ‘baba’ as the President-Elect, then the Commission should force a run-off. For this, he indicated that should his request be granted it would be adequately rewarded” (Chebukati Affidavit, 2022).

Here the Chairman says the Azimio and Tuju, a representative leader of the Jubilee Party threaten the Chairman and told him to alter the results. That’s what they are claiming he did in favour of UDA or Ruto. So, this is hearsay until proven so, but it states a story, which the Azimio isn’t telling or want to tell. Because that would incriminate them, instead of the ones they are pinning election rigging on.

His statement further on the declaration is shocking too: “That seeing the events of the day, -being that there were deliberate efforts by the above-mentioned to subvert the will of the people; four of my Commissioners (Vice Chair Cherera and Commissioners Nyang’aya, Wanderi and Masit) had fled the tallying centre; and the remaining two Commissioners (Commissioner Prof. Guliye and Commissioner Molu) together with the Chief Executive Officer injured, I was apprehensive that there would be no other opportunity to declare the results and the country would slide into crisis if the results were not declared within the constitutional timelines. The fact that there was one day left was hardly reassuring considering the events of the day and the safety of Commission staff and service providers” (Chebukati Affidavit, 2022).

This here is really compelling. Especially, when you see earlier in the day that the Jubilee Party leader Tuju warned Chebukati. That says something about what went down. As we all remember how the radio silence and wonder when the IEBC would declare the results on the 15th August 2022. There was also questions looming if Odinga would even attend Bomas. The way and the manner his team acted. Maybe, they was able to sway or get their will. Therefore, he deemed it unfit and decided to instead petition the Court. That is just alleged, but shows what sort of actions went down and the chaos as Bomas was evident from everywhere.

These are just some of the things I saw in the response to the Azimio petition. As much as the Azimio petition was about Chebukati. The Chebukati is about the Azimio and how they handled the process. They clearly did interfere and did act in spite, but can it be tested and proven in Court?

Well, time will tell, but these sorts of stories proves that the Azimio isn’t all innocent actors and without any grudges. No, they had intent and wanted to whatever it took to get their candidate to win. While they now claim Chebukati did all of this to get Ruto elected. That will be tested in the Courts, but the Chebukati response is interesting. As it’s telling a story and actions of both insiders, and of outside agents who wanted to pressure or threaten Chebukati to do their bidding. Peace.

A look into Ruto’s Response to the Azimio Petition to the Supreme Court

Today, the Kenya Kwanza Alliance and the United Democratic Alliance (UDA) President-Elect William Ruto team has delivered their response to the Azimio la Umoja – One Kenya Alliance petition to make the Presidential Elections of 9th August 2022 “null and void”. That was inevitable after the petition was directed at not only the Independent Electoral and Boundaries Commission Chairman Wafula Chebukati, but also directly aimed at the winner of the election, Ruto.

That’s why Ruto and his lawyers has written a response, which is deliberately downplaying and degrading the ideals of Azimio. This is their duty and the winner wants the election to be upheld. To say otherwise is naive and would be foolish of Ruto to wanting it overturned or “null and void”. His the winner, so he wants to say he won, fair and square. Everyone should understand that. However, we know that the Azimio team want us to believe that the UDA with the help of IEBC rigged the results.

There are some quotes from the response that is interesting. That states some things that should show the concern of the Azimio petition. It is striking, because it also shows the pattern of Raila Odinga and that he has done this his whole career. That’s really compelling at this point of time.

Just read these here, which I found very special:

the weighty (albeit unfounded) allegations about the integrity of the election that the Petitioners have made while contemporaneously urging this Honourable Court to declare them winners. This bizarre duplicity lends credence to the somewhat mean but true barb to the effect that a presidential election in Kenya can only be free and fair If the 1st Petitioner is declared the winner” (P: 37, 2022).

I am unaware of the alleged “interception,” “staging,” “alteration”, and “dumping” of more than 11,000 Forms 34A on 11th August 2022 between 1101 and 1109 Hours (notably, within 8 minutes)” (P: 53, 2022).

{a)the 1st Petitioner has a long history of agitating for the reconstitution of the IEBC whenever he loses an election;

(b) given the matters set out in subparagraph {a) above, the reliefs sought in prayers {10), (20) and {21) of the Petition should be seen from the prism of a sore loser who always seeks a change of referee at the end of every match; and

(c)the reliefs sought in prayers {10), (20) and {21) of the Petition cannot be granted before the exhaustion of constitutionally mandated procedures for the removal of members of the IEBC” (P: 64, 2022).

My advocates have advised me that prayer (18} of the Petition is ultra vires the provisions of Article 138 (10} of the Constitution. My advocates have specifically advised me that the grant of

prayer (18} of the Petition would establish a dangerous precedent that would create constitutional crises by encouraging members of the IEBC to disown election results whenever their preferred candidates lose an election” (P: 65, 2022).

This here with all the other evidence will be proven by the Supreme Court. The amount of pages couldn’t be boiled down to smaller than this. The Ruto response is downplaying the allegations and that’s what it should do. Especially, when the other Presidential Team and Campaign is claiming your partaking in rigging of the elections. Therefore, it only makes sense that Ruto and his team does this. They are also assaulting the character of Odinga, which I haven’t seen before in this manner.

This will be an interesting tale. Especially, when Ruto’s response to be so subtle and hard-hitting at the allegations made. Nevertheless, the evidence and proof has to be tested in the Court. The same with the eyewitnesses and such, which claims the UDA’s involvement in the rigging. That’s why this trial and last test of the election is important.

The Ruto petition makes sense, because it does what it’s supposed too. While Azimio petition was a rehash of the 2017 petition. That’s the Achilles heel and possible blow… unless, the Azimio has more tricks up their sleeves. This will be decided and the court will have the final say. However, this isn’t as clear as some might think. Peace.

Economic Freedom Fighters (EFF): EFF Statement on Limpopo Health MEC Xenophobic Undertones (24.08.2022)

A look into Azimio Petition to the Supreme Court: The breadcrumbs of the affidavit of John Githongo…

Today, I am looking into the further evidence of the Azimi la Umoja – One Kenya Alliance petition, which is to make the 9th August 2022 Presidential Election “null and void”. They are doing what they can and with their evidence to prove the conspiracy and the rigging of the 2022 election. That is the gist of it.

This is why this affidavit is a part of what the legal team of Azimio had prepared. His an expert and a testimony proving the alleged criminal conspiracy to “steal” and “rig” the election. We know that the gentlemen in question has been a whistleblower before and has a reputation of truth-telling. He had to flee into exile, because of what he did in the past. Therefore, his name is important here. His not a nobody and an unknown person in the Republic.

That’s why this affidavit is special, but he will be questioned in the Supreme Court and have to come with facts to prove what he alleged went on. Because, what he did say in it has to be tested and proven.

The first part of the affidavit is about a young fellow, a nameless man claiming there was a team of 56 people and had 10 supervisors who was assessing, entering and manipulating the entries of the 34A’s. They were sent a “Uchaguzi Tallying” or “Uchaguzi 2022” where they were edited before they were published on the IEBC Portal. The young man than claimed they configured the 34A’s from JPEG to PDF before uploading them to the IEBC Portal. Some of the claimed supervisors was Davis Chirchir. Dennis Itumbi, Kibyegon, Morris Mutegi. Baby Serge and Jackson Kandi. In additional to all of that, the young man also stated that the data from KIEMS Kits was sent first to the “Uchaguzi 2022”, then it was edited before it was published on the IEBC Portal.

What is striking is that the nameless person all this detail, but kept himself anonymous. His willing to testify in Court. Githongo claims he has this all on tape. That tape with altered voice and lack of face recognition might be counted as evidence.

However, this could also be deemed hearsay. As there are only talk from one man. It is hard to know, if this is the truth. That’s why it’s natural to question it. This is really using the servers and the hidden data narrative, which is very familiar with the questionable serves in 2017. When the algorithms decided it all in the end.

I would have expected more data and more computer wizardry from the expected witness and man who delivered evidence from the inside. The affidavit doesn’t show it. So, until proven otherwise. It can be stated as hearsay. Yes, I haven’t seen the tape. Yes, I don’t know if the man or young man is credible even. He could be anybody for all I know. Even if Githongo was able to trace him and speak to him after the election on the 9th August 2022. This conversation went down on the 18th August, three days after the declared results on the 15th August 2022. That would mean it would all be fresh in the memory of the young man.

The reason I question it’s validity and such. Is that this isn’t the game-changer or the proof, which is needed. This puts dubious claims on the election, which the petition itself also states. However, will this stand in court or be deemed as “hearsay”. Because, there got to be more than this.

When I heard Githongo’s name and an affidavit. I would think it would be explosive and leak unique details from whistleblowers from within. Who had files, proof of malpractice and rigging. However, here is just talks and a tape. That has to be tested in the Supreme Court. So, now it depends the judges if they deem this fit or not. Peace.

A look into the Azimio Petition to the Supreme Court

Today, the Azimio la Umoja – One Kenya Alliance has petitioned the Supreme Court to determined the legality of the 9th August 2022 polls and the declaration of the Presidential Election on the 15th August 2022. We know the previous Presidential Election in 2017, the National Super Alliance (NASA) and Presidential Candidate Raila Odinga was able to make it “null and void” and was the reason for the Fresh Presidential Election in 2017.

Now in 2022 the petition is clearly targeting Independent Electoral and Boundaries Commission (IEBC) Chairman Wafula Chebukati. His the main subject and the one in the firing-line. The Azimio legal team is even saying Chebukati was running a “criminal enterprise”.

The Azimio petition claims the declared result wasn’t done correctly and after the law. The legal team claims it was “unconstitutional, invalid, null and void”. They are claiming the declared result wasn’t the “true results of the presidential election”. Saying it was “inaccurate and invalid outcome” too.

In addition to calling Chebukati running a criminal enterprise. He was “rogue” and said he was “culpable of grave misconduct”. It just shows how he was in the firing line on this petition of the declared results.

The biggest pitch and arguments against the declared results, which wasn’t on the internal turmoil within the Commissioners ahead of 15th August 2022. One of the most striking arguments, which matters was the moment of declaration of result was done without the tally or count from 27 counties. That is a legit concern and I understand the sentiment of that.

The other argument which seems suss is the declared results on the 15th August with 14,213,137 voters and on the 10th August the KIEMS was equivalent to 14,466,779 voters. That a submission and shows discrepancies. Those two arguments shows some legit concerns and not only internal turmoil ahead of the declared result. Not only going into personal grievances between Azimio and Chebukati.

The petition is furthering looking into the Venezuelan connection and alleged breaches of the IEBC servers. That is what the Azimio petition claims. Just like it claims certain amounts of RTS was changed, as it was uploaded to the IEBC Portal. They also questioned the 34A uploaded to the IEBC Portal and over 41 forms was altered.

So, the petition is calling the Presidential Election “fraudulent” and saying the results was “manipulated”. That’s why the Azimio team wants an order and investigation into the total polls. Everything from a technical standpoint, to an oversight of the spoilt ballots, a re-count of votes and an audit in general of the whole Presidential Elections. They also wants again Fresh Presidential Election and reject the declaration of the 15th August.

It is interesting that the Azimio wants the IEBC, Chebukati and President-Elect William Ruto to pay the cost of the petition. That shows they are blaming Ruto for being declared. This is really striking and shows it all really.

This petition isn’t as iron-tight or as a big of show compared to the 2017 petition. Therefore, things will be interesting ahead. Peace.

Side-note:

We heard in the hours after the declaration. That there was supposed Ugandan connection and rigging from them in favour of the Ruto candidacy. However, that was never mentioned in the petition. So, there was no truth to this and this conspiracy was just nonsense… apparently, since the lawyers didn’t put this in or maybe they didn’t get any evidence of it.

Kenya: Independent Electoral and Boundaries Commission (IEBC) – Statement by the Independent Electoral and Boundaries Commission on Utterances by its Chairman – Mr. Wafula Chebukati (19.08.2022)

Kenya: Angaza Movement – The Angaza Movement Preliminary Observations on the 2022 Elections (19.08.2022)

Kenya: Raila Odinga Presidential Secretariat – Ruto’s Attempts to Return Corrupt Culture of Political Defections (19.08.2022)

Kenya: The Two MCC MPs ditches Azimio

 

Today it’s also revealed that the two elected Maendeleo Chap Chap (MCC) candidates Mwengi Mutuse and Caleb Mule have gone from Azimio la Umoja over to Kenya Kwanza Alliance. These two MPs are following the announcement of United Democratic Movement (UDM) who joined in much higher numbers. This purge is certainly to ensure total control of Parliament. The House has now a solid majority of Kenya Kwanza MPs and the same can be said about the Senate.

The MCC MPs follows Party Leader Alfred Mutua who during the campaigns switched sides. As the party was still aligned with Azimio. While he left for the greener pastures in Kenya Kwanza. That is obviously clear now and these MPs who promised to be different to the Ruto supported opponents. Has just barely week after being declared MPs switched to Ruto’s side.

We are seeing what Ruto does and the two MCC MPs becomes part of huge majority now. They are following the Party leader and their stay in Azimio was only for the hope of becoming part of Odinga’s Canaan. However, that they traded away minutes after the declaration.

This shows how easily these politicians can be swayed and how fickle the alliances are. One minute your enemies and the next your partners-in-crime. That’s just how this game goes and Ruto playing it so easy. His getting advantage after advantage and it’s only mere days after the declaration of victory.

That got to sting Odinga and the Azimio. Seeing practically UDM and MCC becoming allies of Ruto in a heart-beat. This is the gist of it and it didn’t even happen slowly. We just have to await more news and see who else decides to join Ruto. It seems like that sort of season and Azimio is losing steam before the petition is delivered to the Supreme Court. Peace.