Opinion: The Azimio failed Odinga this time around…

Today, the Supreme Court ruling uphold the Presidential Election of the 9th August 2022. Which means the former Deputy President and now President-Elect William Ruto is to be sworn-in eventually. This means it’s official that Azimio la Umoja – One Kenya Alliance Presidential Candidate Raila Odinga lost yet again.

I have looked into parts of the petitions and affidavits ahead of the Supreme Court. Azimio has failed Odinga. They didn’t do like last time and had solid evidence of the rigging and electioneering of the Independent Electoral and Boundaries Commission (IEBC). That’s what is so striking. The Azimio hired a team and also had well known attorney’s on their side. Still, collectively they couldn’t prove or have substantial proof of the supposed rigging.

The ones that thought the Azimio had it in the bag and was already awaiting the declaration of the elections has thought wrong. Their whole ideals has been shattered. The Azimio had the support of the state and had the biggest coalition. Still, the safe-haven and the strongholds was supposed to carry Odinga into the Presidency. However, it is now obvious that it never happened.

Raila Odinga has trusted to much into vibes and that it was his turn. The Azimio was too arrogant and considered to repeat the 2017 petition. They even got John Githongo into a fishing expedition and was only a demonstration. The Azimio legal team has failed the Presidential Campaign. Just as much as the Azimio team didn’t collect or have agents in every polling station. Secondly, the team that was at the National Talley Centre of Bomas didn’t do their job either. Just a mobile phone and more vibes. This is why they are losing. They thought it was a safe journey to Canaan…

Odinga could possibly be bitter and be worried about his position now. He has promised to not have any handshake or such. Certainly, we know he will not accept William Ruto as President. This was the last time for him and possibly his final campaign. He has been doing this since the 1990s and never succeeded. Odinga didn’t even succeed this time around.

The dynasty ticket was supposed the way to the throne. Odinga was the next heir to takeover after Uhuru Kenyatta. Kenyatta’s party and his allies was all in line. The Azimio seemed to have all the powerhouses and the ones there to ensure the final campaign of Odinga to be successful. However, today it’s finalized that it was a failure. The close race was taken away by the arrogance and the cruise-control into victory.

The Azimio and Odinga should have done more. The team and the people around Odinga should self reflect today. They need to look into the reasons for the flop and the loss. They will now first blame the IEBC and the Supreme Court. Most likely cause friction and create a “People’s President” of sorts. Nevertheless, that will only be for the Odinga supporters and not for the population as a whole.

Odinga should think who he was aligned with and where they failed. The Odinga camp needs to consider how they went forward and what was the reasons for the loss. Not only in the Supreme Court, but the narrow loss in the polls. This is all been a flamboyant loss and to much hubris.

Raila Odinga and the Azimio made at all look so simple and was just a formality. Now it is all lost and the competition is getting the throne. That must hurt, but a fair game when your playing it like this.

There will be people crying foul, but right now… the Azimio didn’t do their bid and if they had substantial reasons for their arguments. The Supreme Court would have validated it. Therefore, now the Azimio better reconsider their stance and be an honest opposition.

Odinga was clearly never built to win. He had lots of promise and wanted reforms. Nevertheless, the tireless campaigning and the handshake of the previous term might even hurt him more. Since, he sold out and lost credibility with the BBI. Who knows… but the Azimio needs to internally look into their affairs and why it went wrong.

It is now proven that you cannot run on vibes and a good name… Peace.

Kenya: The Judiciary – In the Supreme Court of Kenya – Presidential Election Petition No. E005 of 2022 – Media Summery (05.09.2022)

National Council of Churches of Kenya: Justice and Peace Message (04.09.2022)

Kenya: National Police Service – Security Situation during the Supreme Court of Kenya’s Presidential Petition Ruling on 5th September 2022 (03.09.2022)

South Africa: Opposition Political Party Consultative Forum Meeeting with External Stakeholders (01.09.2022)

Kenya: The Communist Party of Kenya (CPK) – Public Notice in Response to Public Statements Issued by Benedict Wachira (31.08.2022)

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.

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