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.
You can wonder and get amazed, he did the same trick President Museveni did in the General Election 2016, and he did not show up at the live TV debate between the Presidential Candidates. Just like in Uganda, his arch nemesis showed up and that was the NASA candidate Raila Odinga. Not that all the other candidates showed up either, but it was only one-half of the main candidates. That the incumbent President Uhuru Kenyatta of the Jubilee could not show is amazing. Especially, since there were reports that he ditched the planned rallies on the same day.
At this point, it does not matter what Odinga said yesterday at the Debate, he at least showed up on Primetime TV spot and showed himself for the republic and the incumbent could not care less about the arranged debate. What is so dangerous about it Kenyatta? Is it terrible to ask questions about your achievement in office?
It seems so, since you could not spare the time or the effort to show up to the debate. Only one that was on live TV and on most of the channels. I would have loved to discuss the difference in style and in chose of words to the different questions between Odinga and Kenyatta. However, I cannot do that, since it was one party there and the other left behind.
So at this point, it is mere enough for the support and the courage of Odinga, just to be there and take the questions from journalists and the audience, something the President was to big to do or something like that.
His State House Spokesperson Manoah Esipisu wrote this today: “Today, His Excellency President Uhuru Kenyatta will commence an intense 12-day tour of Kenya, to meet fellow citizens from all walks of life, in all regions of the country. His last campaign events will be in the capital Nairobi on August 6 – 48 hours before the August 8 elections. This will be the second round of an all counties campaign where the President will take his message to Kenyans. Only this Sunday he completed a 14-counties blitz covered in seven days in which he put his call for unity and peace at the heart of his campaign agenda. These meet-the-people visits will see the President traverse 30 counties, making stops at more than 200 campaign stops. His Excellency the Deputy President, the Honourable William Ruto, will be visiting dozens of counties as well, making another 200 campaign stops. The President is going directly to the people to demonstrate what the August election is about – himself as someone who is fighting to deliver benefits, success and prosperity to the people versus an opposition challenger who is only after power for himself” (President.co.ke – ‘Spokesperson’s statement’ 25.07.2017).
It is okay, that the President campaigns and travels to every corner of Kenya, that he visit every single county and even every major town of the Republic. Nevertheless, why do he not have the time for a scheduled TV-Debate? Is that too much to ask and anticipate of the President? That the people all through the nation can watch and discuss the differences between him and Odinga?
Let me end on a side-note, but still a viable one. Does President Kenyatta, feel entitled to be the President and therefore a debate about his position and character is beneath him? That is how it can seem like, to not only me, but also many others.
Therefore, we are at this junction and so near the end of the campaigns and race for 8th August polls, there have been significant difference between the NASA and Jubilee from the get-go. In addition, with the time, it is more evident, than ever before. This race will be tight and prognoses seems to be for NASA in many aspects, but hard to grasp yet. There are enough days to see the wind of change. Nevertheless, this is something that is hard to anticipate.
What we can ask ourselves after yesterday’s acts of the President Kenyatta, does he feel entitled to rule and be Executive, or is it just mere arrogance towards Odinga. Peace.
There is something rare about election and preparations to them. The decisions made in the days, months before really sends signals to what is important, and what is needed for the safety of the Republic. Now, it’s revealed, that it was not just whistling out of his mouth, the Inspector General of Police (IGP) Joseph Boinnet, did yesterday. He and his organization, the security operations of the Police has purchased and prepared itself for massive demonstrations. As if they are prepared for an uprising, since the results might differ to the actual voting. Which in some regions should be in favor of NASA instead of Jubilee. However, alas, that is why the IGP have been busy with the Minister of Interior to get new merchandise and make ready for mayhem. The Police who are there to serve and protect, do not trust the citizen they are working for! Therefore, they have ordered dozens of new Armored Vehicles from South Korea, tons of tear-gas and other equipment to make sure the citizens stay behind closed doors and behave. Just look!
“At least a dozen new South Korean made riot control vehicles arrived in Nairobi at the weekend, increasing to more than 30, the number of water canons for police use to quell chaos. The fleet of new armoured vehicles with advanced features is in addition to a new consignment of anti-riot gear including teargas canisters, batons, anti-riot wear and guns that have come through the port of Mombasa. Security sources explained the new anti-riot gear has been distributed to various parts of the country in the past month alone as authorities prepare to secure elections and deal with violence should it break out” (Ombati, 2017).
“The vehicle, according to the manufacturer’s website, has capacity to mix the chemical from the cabin while water gun shooting. It has a nozzle of shooting distance of minimum of 25 metres and maximum 70 metres with an elevation of 90 degrees and rotation of 320 degrees. Each of the new trucks has two water cannons on top of the cabin. It also has a fully automated and centralised control system, a cabin protector and can carry seven crew at a time” (Ombati, 2017).
“Tonnes of tear gas canisters are also among resources that have been mobilised and sent to various places ahead of the polls” (Ombati, 2017).
It seems like the Jubilee government are afraid, they are nervous of the aftermath of the election. They seem to be on edge and wondering how it will go, since they have to threaten, spread fear and buy all of this expensive equipment to silence possible demonstrators. They do not trust the public and their will, when they are super prepared for violence, even when there is no reason to be alarmed. It is supposed to be peaceful elections, right?
It is right that the opposition has hold dozens of demonstrations against the Electoral Body of the Republic and the amendments concerning legislation towards the election. Not that the Jubilee did give much way, only the needed steps to stop the leadership from making their supports continue to rally. Still, the attempt of distrust and disengage the public. Seems very obvious, since instead of being in dialogue with the local leadership at the possible hot-spots. They are coming with tear-gas and anti-riot gear. Not talking, but planning to suppress the distrust from the public towards the Central Government. That is what the planned effort looks like. Not like Jubilee took time to talk and engage, but rather bought expensive riot-gear from South Korea. Like that going to solve the possible problem, if it there and known about.
The only thing it will do, it will quell the demonstrations and possible aftermath of the election, but the wounds are still there. This is not patching up the hurt. Instead, it is spreading fire, with more fire and hope it stop it. It could work, but what cost? When the left behind is burned land and no seedlings of hope for the future.
Shouldn’t the government have worked for a better solution and also had more faith in their citizens than expecting violence and demonstration, that is if the government and electoral bodies we’re prepared for a free and fair election, and not a rigged one. Time will tell, time will only tell. Nevertheless, these signs of possible oppression from the National Police Service does not give me green light. More of the red light and concern of the outcome. Since the Police and the authorities already prepare to use massive force against civilians. Peace.
Ombati, Cyrus – ‘More tear gas, guns arrive to deal with mass protests after August elections’ (17.07.2017) link: https://www.standardmedia.co.ke/article/2001247838/more-tear-gas-guns-arrive-to-deal-with-mass-protests-after-august-elections
Again, as before the authorities and ruling regime in Kenya are ready to spread fear in the two months ahead of the polls on 8th August 2017. Clearly, the Jubilee administration and their caretakers are afraid of the public will or their own justice. Since they have to go out from both the National Police Service and from the Communication Authority. Seemingly, this instead of talking with the people and engaging them in their communities. That they are both saying the citizens are the reason for causing violence and chaos, also their acts on social media. Surely, this shows how little tolerance it is for the ones outside the parameter of the government. Both Boinett and Daima doesn’t trust their own citizens, which they are supposed to represent. Just take a look!
The Police Warning the Public:
“Inspector-General Joseph Boinnet on Monday said police would have to use “slightly more force than that used by violence perpetrators” if chaos breaks out.“If violence occurs, then we have to stop it and it means we will use slightly more force than that used by those causing violence,” he told a meeting on election preparedness at a Nairobi hotel” (Misiko & Moseti, 2017).
Social Media Warning:
“CA has called on Kenyans not to misuse the internet and social media especially during this campaign period. While addressing the media after KEPSA- Mkenya Daima morning meeting, CA chair said CA would not shutdown the internet on 8/8 unless Kenyans pushed them to do so” (Nation.co.ke, 2017).
We can see that the state and the authorities doesn’t respect their citizens with this sort of acts. It is already proven, that the Kenyan government have bought more Anti-Riot Gear ahead of the polls for possible demonstrations against the post-election. It seems like the Jubilee government fears the public and the citizens. Since they have to go with stern warnings and intimidation, instead of trying to up-ease the public in the days ahead of the polls.
If they didn’t fear and didn’t distrust the public, they wouldn’t have released these statements and warnings. Instead of trying ease the public and saying we will be there for you. They say we come with stronger force and we might shut-down the internet. Seems, like the President Uhuru Kenyatta and Deputy President William Ruto have learned from the General Election in 2016. Where both things happen and the Police together with the army was all-out during the days of the election. Even the VPN s came up so people could use social-media and be online. So the Kenyans should download VPN now and be prepared in-case of the actions of the CA.
But we have seen how the police acted towards the Anti-IEBC demonstrations that the CORD coalition was involved in during the 2016. The police brutality was vicious and harsh. There was no mercy to the citizens fearing the problems and loopholes that the Electoral Body had. Also, after the famous Chickengate. Therefore, when it is so soon the polls of the General Elections in Kenya. This sort of words and warnings isn’t creating a better environment, but they are showing arrogance and fear for uprisings. They have no problem silencing the voices of the people. They are not trusting them and therefore sending warnings.
It is time for one thing, that the authorities engage the public and put some trust in them. Since the authorities are serving them and are there for them. They are not their for the President, but for all the people in the Republic. Peace.
Misiko, Harry & Moseti, Brian – ‘Police issue chilling warning on poll chaos’ (17.07.2017) link: http://www.nation.co.ke/news/Joseph-Boinnet-issues-chilling-warning-to-violence-perpetrators/1056-4018244-14icqavz/index.html
Nation.co.ke – ‘Use social media responsibly or we will shut the internet down – Communications Authority of Kenya’ (17.07.2017) link: http://www.nation.co.ke/video/1951480-4018236-ai5hxh/index.html