Wednesday, February 25, 2015

Now happening at the ICC

William Ruto has only 40 pages to dismantle the ICC case against him as he seeks acquittal over his crimes against humanity charges without having to mount a defence. This, after the judges declined to extend the page limit of the no-case-to-answer motion to 100, despite pleas by Ruto and his co-accused Joshua arap Sang that documentary evidence and the testimony of hostile witnesses would complicate the exercise.

The decision puts the two defendants in a tight spot, as they will have to demolish the testimony of 30 prosecution witnesses as well as documentary evidence–including the recently admitted Waki Commission Report–in just 40 pages.

After a very long hiatus...

We're back. And what better place to start?

Thursday, May 16, 2013

Thuita Mwangi, Koki Mulli and Macharia Kamau are embarrassing Kenya

Foreign Affairs Permanent Secretary Thuita Mwangi (R)
is currently facing charges of corruption.
Letter To Security Council Reeks Of Official Impunity


Kenya dented her reputation and image globally. The purported letter to the United Nations Security Council by the government of republic of Kenya seeking termination of the ICC cases is a disgrace and exposes the egregious, audacious and appalling official impunity prevailing in Kenya.

The letter,grossly lacking in legal basis, is written in furtherance of the past futile shuttled diplomacy that wasted tax payers’ money contrary to the Constitution.

Uhuru Kenyatta, William Ruto and Joshua Sang are accused persons before the court as natural persons. They have no official capacity and even if they have, it is irrelevant to the court. The cases are between the prosecutor of the Court and three individuals not against Kenya. In this regard, the authors of the letter are completely incompetent to write and send a violence-threatening letter to the United Nations Security Council.

The source of this letter can only be from the outgoing Foreign Affairs Permanent Secretary Thuita Mwangi, who is on record attacking the ICC and being part of the insidious shuttled diplomacy. Kenya representatives to the United Nations Machaira Kamau and Koki Muli are answerable to Mwangi Thuita.

Mwangi is currently facing the charges of abuse of office, conspiracy to commit fraud and willful failure to comply with procurement rules in purchasing the Kenya Embassy and ambassador’s residence in Tokyo. Macharia and Koki are public officers paid through tax payers to advance and protect Kenya interests at United Nations but not to defend and perpetuate impunity. In compliance with law, Mwangi Thuita should have been suspended from holding any public office until his case is determined. He has not yet been suspended, explaining who protects him and sanctioned the writing of the letter.

The letter to the UN is not for the advancement of peace and security. It directly signals that despite important progress made in moving Kenya forward on the path of democracy, rule of law and respect for human rights, many challenges remain. The UN Security Council exists not only to ensure accountability for perpetrators of crimes, but also to secure lasting peace for the all people of the world. The Council must therefore escalate coordinated efforts to ensure justice and genuine peace prevails not to protect impunity.

By engaging in an embarrassing act, Mwangi Thuita, Koki Mulli and Macharia Kamau demonstrate lack of full understanding of the difference between the UN Security Council’s political mandate and the ICC’s judicial mandate.

The Rome Statute dictates that a state seeking a finding of inadmissibility of cases before the ICC must satisfy the judges that it is genuinely investigating and prosecuting the same persons for the same conduct as that under investigation by the Office of the Prosecutor; that is the law and nothing short of that will suffice.

The government has completely failed the threshold of conducting fair, just, and transparent judicial proceedings for all alleged perpetrators while also continuing to respect the ICC judicial process. Instead it continues to engage and support activities geared towards shielding the accused persons before the ICC using public funds. Under such circumstances and continued interference or tampering of witnesses makes the ICC’s mandate essential to ending impunity in Kenya. The office of Prosecutor has to take tough decision against those responsible for tampering with witnesses in Kenya without further procrastination.

We have to stress the importance of all of us working together to realize a comprehensive strategy for justice. The progress made in ending impunity cannot eclipse the challenge that Kenya faces in addressing the legacy of so many years of impunity. It need not be a challenge that the country face alone. Kenya must realize that with the ICC intervention, what happens with the three accused Kenyan individuals before the Court is a page in the history books of international justice, no matter the end results.

The prosecutions at the ICC are a shining example of what can be achieved through human endeavors to seek justice. These trials are Kenya’s Nuremberg moment. The trials endeavor to seal the primacy of the rule of law, due process and human rights for future generations.

The constitution of Kenya forbids shielding or protecting individuals accused of crimes that attract no immunity. In fact Uhuru Kenyatta and William Ruto should be impeached in accordance with Constitution. The threshold of ‘serious reasons for believing that the President has committed a crime under national or international law’ has been confirmed by a court of law and due process fully observed. The Parliament is urged to initiate the process.

UN Security Council cannot and should not get involved in political considerations, neither should it ever stretch the interpretation of the norms adopted in Rome. Equally, the Council, its Members or any State for that matter should never seek to interfere with the judicial processes of the Court.

The writer is the executive director of the International Center for Policy and Conflict.


Friday, May 3, 2013

Mutula Kilonzo was poisoned

The late Mutula Kilonzo feeding his lions in their Sh. 2 million
den at his ranch.
Sources including Standard Group’s Kenya Televison Network (KTN ) have revealed that traces of poison were found on Mutula Kilonzo’s liver during the autopsy.

Family sources and a doctor involved in the investigations hinted that tests for lethal poisons are being conducted including the slow killer Polonium 210 

KTN also announced in a news bulletin that the government team that was involved in the autopsy has refused to send his body samples to the UK for analysis.

A team of seven pathologists among them a Briton who was hired to perform the autopsy took 52 samples for an independent analysis but the government pathologists have withheld them.

“No sample will be taken out of the country as all the samples collected can be analysed locally,” Government pathologist Johansen Oduor.

Polonium 210 is a deadly radiation poison and it is the same poison that was used used to kill Alexander Litvinenk, a KGB agent-turned-Kremlin critic in London in 2006.(extract from Wikipendia: Notably, the murder of Alexander Litvinenko, a Russian dissident, in 2006 was announced as due to 210Po poisoning[80][81] (see Alexander Litvinenko poisoning).

Traces of the poison was also on the late Palestinian leader Yasser Arafat’s clothes he is said to have worn before his death.

Reports received after Mutula Kilonzo’s death stated that the Senator had vomited on his sink earlier on in the fateful night. The police had also indicated that investigations were looking into the poison theory and the investigations were centered on food samples around the Senator’s home.

Mutula’s family is locked in a dispute over the late senator’s burial site. Mutula’s family yesterday met to resolve the dispute.

Mutula’s current wife wants him to be buried in Maazoni where he was living while other family members want him to be laid to rest in Mbooni where his parent come from.

KTN’s reporting on the Mutula developments start at minute 3:00 on the video below:

KTN reports that Mutula Kilonzo was poisoned

Thursday, May 2, 2013

A Response To The Chief Justice's "Demand For Justice"

My attention has been drawn to an article written by the Chief Justice of the Republic entitled "The Judiciary Demands Justice from Kenyans!" When I came across this piece, I made the deliberate decision to read it as objectively as I possibly could, digest it and turn it over in my mind before giving my two cents on the matter.

What I pen down here represents my own individual opinion and view on the matter. I do not claim to be an authority on the Law, just a law-abiding citizen entitled and free, as guaranteed under the Katiba, to hold an opinion. That is all this is... an opinion! And my reason for writing this rejoinder is to encourage discourse in Kenyan society with the aim of self-improvement as a People.

What I gathered from the Chief Justice is that he is disappointed at the harsh barbs he is being dealt primarily on social media following what some quarters perceive to be judicial missteps in the recent past. There was the matter of the Supreme Court ruling on the Presidential Election Petition which was followed in quick succession by the High Court dismissal of the Goldenberg affair leaving one Mr Kamlesh "Paul" Pattni, to go scot-free.

Perhaps I may be able to shed some light as to why the Honourable Chief Justice may be bearing the brunt of a section of Kenyan society's hostility. Sir, having been at the forefront of the struggle for democratisation, I need not tell you that the people of our country are coming from an era where the word Justice was but a figment of our imagination.

Justice was but a dream, ever so close yet always just out of reach. Justice was perceived to be up for auction to the highest bidder and while many argue that many of the transgressions of the dark KANU days were indeed permissible in law, I submit that they remained grossly immoral and as such, they were indeed unjust! Many died... Pio Gama Pinto, JM Kariuki, Tom Mboya, Titus Adungosi, Julie Ward, Father Kaiser and more recently, George Saitoti. However, no person of significance has been brought to book for these political murders. Nobody has been held accountable for these excesses. We, the people, are traumatized!

It is on this background, that your appointment to the position of Chief Justice, after a gruesome vetting process, came with the promise of so much hope. Martin Luther King Jr said, "the arc of the moral universe may be long but it always bends towards Justice!" We finally dared to believe that after all this time, it would be possible for us to see what true and real Justice looked like. That came with expectations as well; expectations of what Justice would feel like. Sir, this neither looks like Justice nor feels like it! And to some extent, many speculate that in your heart of hearts, you know this. Could this be why the Supreme Court judges chose not to read their ruling? Despite having kept to your word and ensured that the Petition hearings were open to the public for the entire six days, at the most crucial moment, the Judges turned away from the Kenyan people. We needed to see you look into our eyes as you gave your collective reasons for arriving at the decision that you did. We needed you to face us. But you did not. So you will forgive us if we treat your demand for Justice with as much disdain as you treated our conscience's need for satiety.

Dr Oduwo Noah Akala

Tuesday, March 19, 2013

Democracy On Trial

Rahema Abdul-Rahman is a senior member of Dr. Odinga's campaign communications team. She had an Interview with Aljazera's James Brownsell. Here is an excerpt:

James Brownsell: Why are you bringing this case to the Supreme Court? What are the merits of the case?

Rahema Abdul-Rahman: We want to end the culture of election rigging in Kenya and restore confidence in our democratic processes. Our case is well merited. We have evidence of the violation of statutory provisions relating to the conduct of elections, as well as falsified figures and outright ballot box stuffing.

We will, through our petition, test the pedigree of our judicial institutions in restoring electoral integrity in Kenya.

JB: Why not just accept defeat?

RA-R: Accepting defeat in the face of massive electoral irregularities is tantamount to legitimising impunity. We are taking this action on behalf of Kenya. We have an opportunity to clean up our electoral system and we will not let it pass - lest history condemns us harshly.

The people of Kenya deserve to be led by legitimate, elected leaders. We must put to an end the culture of letting those who tally our votes determine the outcome.

Elections should only be determined by Kenyans through a fair process.

JB: What actual, physical evidence do you have of rigging or tally tampering?

RA-R: We have massive evidence of electoral irregularities that render the entire presidential election a fraud.

We will be moving to court shortly, where we will lay bare the evidence for the world to see.

At this moment I don't wish to delve into the contents of our evidence, lest it prejudices our case.
Follow our in-depth spotlight coverage of the vote

JB: Do you worry that contesting the result in court will negatively affect the unity of the Kenyan people?

RA-R: There is no threat whatsoever to national unity. If anything, Kenyans are hurting from the inside. Long term peace and unity will be founded on justice and equity - where every Kenyan is satisfied with the outcome of the election.

And most importantly, we have fidelity to the rule of law, and that is why we are going to court to contest the results of the election.

JB: What next? If the court upholds the IEBC declaration, will ODM/CORD accept their ruling?

RA-R: We have made a commitment to abide by the decision of the Supreme Court - and we are challenging Uhuru [Kenyatta] and his team to make a similar commitment.

JB: If the court rules in your favour, will there be a head-to-head run-off?

RA-R: If the Supreme Court rules in our favour, then we will have a repeat of the presidential election within 60 days - and only the eight candidates who participated in the March 4 election will be eligible to contest.

[However,] we have only anticipated this being a contest between our candidate and Uhuru Kenyatta... In my view, I do not expect the other candidates to compete.

What makes you think you have a better chance of winning in a straight run-off against Kenyatta?

RA-R: We have no doubt in our mind that we enjoy massive support from all Kenyans, and if the election is conducted in a free and fair manner and in accordance with the law, we will emerge victorious.

What’s next for the ODM if Raila retires?

RA-R: ODM is bigger than any individual, it is a mass movement of all Kenyans, and we surely have no shortage of leaders in our party ranks. We will have plenty to pick from and I am sure Raila will still have a great role to play in shepherding the party.

Our court petition is not about Raila as a person. It is about Kenya, it is about building and strengthening our democractic institutions.

In pursuit of a better, reformed Kenya, we will not relent.

Sham Election 2.0

The Electronic voting and results transmission system could have been attacked at least twice before it finally crashed at 8.00pm on March 4. Companies and individuals involved in the supply, installation and implementation phases exposed the system to interference, leaving the IEBC helpless on where to start. But it is a fact that IEBC had not had a single successful test involving all the election officials before the poll day.

"Ideally, the mobile and web application is always a synchronised platform and it raises a lot of curiosity as to how IEBC allowed different firms to run complementary system functions, which led to further system insecurity,” a source, who ran an independent audit of the system after it crashed revealed. Jamming of the database server, which was receiving the information from the mobile handsets from the various polling centres across the country, also fanned collapse of the project.

On February 21, Safaricom had threatened to withdraw from transmitting the election results over its network, citing concerns on “website security and capacity to handle huge traffic.” The mobile firm had also cautioned over a possible penetration of external attacks. “We do remain concerned at the general casual nature of some of the partners and some of the institution’s senior officials,” a letter from Safaricom to IEBC read in part.

What further exposed the system is the fact that the technology that was used for voter registration in late 2012 was different and entirely separate from the technology used to identify voters at polling centres, given that several companies were involved along the chain.

“Face Technology was chosen by IEBC to supply 35,000 devices (laptops) for use on Election Day. The devices were allegedly manufactured in China. None of the equipment utilised in the Canadian-supplied BVR system was used on voting day,” the Embassy of France said in a statement distancing itself from the failure.

Monday, March 18, 2013

How Jubilee rigged the elections

The official election results as announced by KTN
before they were ordered to revise them.
Panic has gripped the Jubilee Coalition headed by Uhuru Kenyatta as details unravel on how the Independent Electoral and Boundaries Commission – IEBC, manipulated the 2013 Presidential Elections to hand him a win, now the subject of a Supreme Court petition.

Emerging details point to a shocking scheme hatched by circle of advisors and government functionaries within the intelligence and civil service way before the elections.

Analysts scrutinising documents ahead of the Supreme Court petition by the Coalition for Reforms and Democracy challenging the results, were struck by how technology was also used to aid Uhuru "defeat" Raila Odinga.

"Kenyans will remember that some curious things happened with regard to the so called provisional results that IEBC kept churning out”, says one of the lawyers handling the CORD petition. “It was a statistical impossibility. Between March 4 and March 7, Raila Odinga was consistently stuck at 43/44% while Uhuru stayed at 53%. Musalia was stuck at 2.8% while the margin between Uhuru and Raila remained at 600,000-700,000 votes. This was impossible, considering that results were coming in randomly from all over Kenya. Yet these figures remained consistent."

After a confusing Friday March 8 when IEBC postponed announcement of final constituency results till Saturday, a quick operation was put in place to force acceptance of the results, amidst anxiety by Kenyans that the voting process had been manipulated.

IEBC’s James Oswago reportedly called media houses late (12.30am) on Friday for a surprise final announcement of constituency results without indicating who had won. Throughout the week, IEBC had warned the media from declaring a winner. However, 30 minutes later, KTN and NTV got the "nod" to call the elections. From there on, things moved quickly. At 1.30am KTN ran a banner indicating Uhuru Kenyatta was the winner. Other stations were caught flat footed and followed suit. Kenyans would wake up on Saturday morning to all stations proclaiming "President Uhuru", more than 12 hours before Isaack Hassan finally made the announcement on Saturday afternoon.

Siasa Duni in this exclusive can now report stunning details of a rigging plot that would have passed undetected if all players had stuck to the script and the "tyranny of numbers" theory had not fallen flat on its face on March 4.

According to CORD insiders and several analysts who examined the IEBC voter register when it closed on Dec 18, over 1,500,000 extra "unexplained votes" have surfaced in Uhuru's presidential tally alone. Since, according to the IEBC, every voter was given 6 ballot papers, IEBC will be hard pressed to explain how this has come about. 
If these allegations are proven, then Uhuru’s final tally will render the 6,173,433 votes announced by the IEBC to 4,673, 433. This effectively means that Raila Odinga won the election hands down.

This well calculated scheme was based on three critical points, the most important being a first round win for Jubilee. "
It was obviously clear to us that any run-off would result in an anti-Kikuyu vote in which only Kalenjins and Kikuyu’s would vote for Uhuru, while Raila takes off with the rest of the country", a Central Kenya Senator Elect was overheard over drinks at a popular Nairobi spot on the day the IEBC declared Uhuru President Elect. "Winning Round One was never an option. It had to happen."

Getting the numbers was an issue that had worried TNA strategists as early as one year before striking an alliance with William Ruto’s URP to form the Jubilee Coalition. Even if Ruto's Kalenjin backyard was convinced to vote for Uhuru, the numbers the Kalenjins brought in would still not be sufficient for an outright win. Though the "Tyranny of Numbers" propaganda was sold as a winning formula, insiders knew damn well that the truth held a completely different reality. The 50% was simply not available. The best Jubilee could hope for was to force a run-off, that even their researchers said they would lose.

The Tyranny Of Numbers was therefore the psychological component of the plan, put in place to prepare Kenyans for the massive rigging to unfold, as was the "Peace" campaign enterprise, says a member of the civil society. "
It is Funny that the tyranny numbers theory perpetuated by Political Analyst Mutahi Ngunyi in February 2013 mentions the exact same figures Uhuru got in the final tally," says popular blogger Robert Alai.

Several contingency plans were now put in place to ensure the plan's success. One was to ensure that the Kikuyu and Kalenjin voter turn-out was no less than 95%, while hoping that CORD’s turn-out would remain at the traditional 65% to 70%. 
Like many assumptions made by Jubilee strategists, this plan was based on the assumption that CORD’s base would barely attain their traditional turnout.

The second critical factor was the use of technology to help add up numbers as the infamous Tyranny Of Numbers depended on factors largely outside of Jubilee’s control.

This plan was borrowed from Ghana’s December 2012 Presidential Elections. The election, which is now being contested in the Ghanian Supreme Court, was won by President John Mahama, who was announced to have secured 50.7% of votes, enough to avoid a run-off against NPP candidate Nana Akufo-Addo with 47.7%. Akuf-Addo has filed a petition with evidence that the vote was won by manipulating the electronic system.

In the Ghanian petition, it has been revealed that the company hired by the Ghanaian Election Commission to supply data services, SuperLock Technologies Ltd., also had a contract with the National Democratic Congress to supply the same services to the party, which included tallying. In the petition, NPP says it had found irregularities including cases of over voting and instances where people not registered by the biometric finger-printing system being able to vote.

According to the NPP and the other parties, the numbers announced by Ghana’s Electoral Commission did not correspond with actual votes recorded in the 275 constituencies. They allege tampering of numbers by the suppliers of IT services in favour of John Mahama. The Commission also reported that turnout was at an all time high of 81%.

In a dramatic incident during the elections, NPP stormed the electronic supplier's premises and claimed to have caught the company’s data personnel altering results before transmission to the National Tallying Centre

Similarly, the company that supplied IEBC with the electronic data and call centre services is called KenCall. This company, whose connections to IEBC were never made public, was charged with supplying call centre services and hosting the database, from where the polling station results were remitted to the IEBC. KenCall also has a contract with Uhuru Kenyatta’s TNA party to supply tallying services of results from polling stations.

"Results from Returning Officers at Polling Stations being transmitted electronically were first relayed to KenCall’s servers for onward transmission to Bomas", an IEBC official told Siasa Duni. "
Imagine the same server was being used to tally results for TNA! This is where the electronic tampering of results took place as it was easy to access the same server which was serving both the IEBC and TNA and managed by the same supplier. When questions started being raised about the contradiction between figures announced at polling stations and the ones on IEBC screens at Bomas, the system mysteriously crashed!" The official says it is unclear when the company was hired by the IEBC and why the Commission ignored the conflict of interest.

Siasa Duni has discovered that like in the Ghanaian case, the plan to rig the Kenyan Presidential vote was 3 pronged:

  • First, encourage the purchase of BVR kits by the IEBC. The technology was simply meant to hoodwink the public and was planned to crash, then Plan B was to be effected. Using unorthodox means that included bribing IEBC officials, the more experienced 4G Solutions -- which serves India with over 500 million voters -- was dismissed and Code Inc., given the tender to supply the kits. Code Inc., went into liquidation and was renamed Electoral Systems International, after the Fijian government exposed the company to be a branch of the Canadian Intelligence Organisation. Part of the system’s technology was supplied by a company linked to a Mr. Chirchir, former Commissioner at the IEBC.
  • Secondly, as Ghana’s NPP claims in their petition, the ruling party used Super Lock Technologies Ltd to hack into the system and pre-determine a mathematical formula that adjusts figures as they come in for both candidates while keeping any other candidates at a predetermined constant to ensure they do not harm the intended outcome. (This possibly explains why Uhuru’s margins with Raila never changed even with random results coming from all over the country). Yet, even with this plan, Jubilee knew they would have to top up the numbers as the 50% + 1 still proved elusive with a week to the election.
  • The strategy was the real plan - play with Kenyans’ minds by manipulating results and establishing a lead for Jubilee then crash the system and go manual. This was arranged by refusing to have a back-up server which would retain evidence of the manipulation. With only one server, a deliberate crash would be final and destroy evidence.
According to Maina Kiai, former chairman of the Kenya Human Rights Commission, the technology was a red herring. "This election was meant to be manual from start to finish, loopholes included" he writes in his Saturday Nation column. "A manual result is what would allow different results to be announced at the Constituency, County and at Bomas. All these electronic gadgets and equipment were meant to pull wool over our eyes."
Then came March 4.

While the scheme was to "minimally" add votes to the Tyranny Of Numbers to enable a Round One win, things went wrong on Election day as the electorate in key battle ground areas stunned Jubilee strategists with an anti Uhuru vote.

Luhyas expected to vote for Musalia up to 50% rebelled and voted for Raila almost to a man. The 30% of the Kamba vote expected from Kitui through Charity Ngilu failed to come through. Coast, where Jubilee were expecting a 50-50 share with CORD voted for Raila. CORD and Raila took off with 70% of the Kisii vote. In Kalenjin land, voter turnout fell below 70%. The 
Tyranny Of Numbers was becoming a miscarriage. With predictions by Jubilee statisticians collapsing on Election Day, the team, after consultations, had to quickly switch to Plan B.

"This plan was aided by the decision by the IEBC to keep open some polling stations well after 5pm, the official closing time" says an ODM Chief Agent who manned a County in Rift Valley. Plan B called for manual voting to improve the numbers. In Rift Valley, CORD agents were reportedly intimidated and some left the polling stations as die hard URP activists, some of whom manned the polling centres, now took over. "It was hard to control what they were doing after that. Some people were now being given 2-3 presidential ballots to get their target number. We had no idea who was voting and who wasn’t," adds the Agent.

As former Attorney General Amos Wako disclosed at a press conference last week, "It appears the IEBC had several registers as they did not even gazette any. We will be asking the Supreme Court to examine which register was being used and which one was valid."

It is an open secret that CORD’s petition will put IEBC to task to show an increase in voter registration after the registration ended on December 18, 2012. In some cases, the register grew by 35% in one constituency after reconciliation. On 
December 18, 2012, IEBC, declared via their twitter handle, @IEBCPage, that there were 14,337,399 registered voters. The Final Register indicates that there were 13,352,533 voters.

Ironically, after manipulating the register using technology, technology itself now became an obstacle to getting the right numbers to ensure a Round One win. The Voter Identification Kits, which required fingerprint identification of voters, could not be manipulated as "ghost" voters and 
double voters could not get in to vote -- they had to be physically present.

By 2.00pm, a crisis meeting was convened by Jubilee strategists on how to shore up numbers in Rift Valley. This is how 
the Finger Print Identification kit mysteriously stopped working and manual voting was introduced. The IEBC's electronic tallying system which was relaying fast results with a 53% lead for Uhuru four hours after 5.00pm, suddenly slowed down with just a million votes in. Then the "IEBC server" which in reality belonged to KenCall crashed, and the results slowed down to a trickle. By 11.00pm, IEBC announced to the press that announcement of provisional results had been halted and pushed to Tuesday.

Most IT experts agree that the amount of data remitted for the 33,000 polling stations in terms of text messages could not have crashed the system. "
It is very little data. Safaricom, Airtel and Orange deal with almost 300 million text messages everyday. The data from polling stations was not that much," says a Safaricom employee on condition of anonymity. "What is puzzling is why, on such an important exercise, IEBC and KenCall did not install the standard back-up server which would have saved remitted results and revived the process."

The CORD team believes Isaack Hassan’s explanations were a cover-up and that the technology's "use" and "failure" were part of a wider strategy to rig the elections.
The electronic system kept Uhuru and Raila at particular percentages to psychologically make Kenyans believe that Uhuru was winning and Raila was losing. However, since the figures at Bomas were not matching forms 34, 35 and 36, and Jubilee's "Tyranny Of Numbers" formula had failed, the electronic tallying system had to be done away with.

Maina Kiai is more brutal in his assessment, calling IEBC’s excuses hogwash. 
"First it was that the server crashed. Then, that one side of the disk was full and unable to accept results. Then that presiding officers were slow in transmitting. The maximum capacity required for data from 33,000 polling stations is just 2GB, less than what a regular mobile phone can take!"

With the case now made for manual voting, by Wednesday, Rift Valley turn-out was being reported at 90% while Central's had risen to 95%. Based on the Kriegler Report, these numbers were obviously inflated. However, more was required as Uhuru had dropped below 50% countrywide. So delays had to be created for Returning Officers to re-adjust figures.

The diversionary tactic kept Kenyans "patient" as Issack Hassan kept talking of delays caused by "verification" and "technological challenges" as he introduced the phrase "complex elections" which would be repeatedly used throughout the Bomas briefings.

With the announcement that manual voting would be used, the vote tallying took a completely different outlook as the initial 48 hours in which all provisional results were to be announced dragged into days and tallying began afresh. Questions about discrepancies by CORD officials resulted in IEBC throwing them out. A compliant media was threatened into silence and no criticism of the IEBC was to be entertained or aired.

The Bomas tallying centre was placed under heavy security as the once accessible Chairman of the IEBC now avoided all media questions regarding the process. "
This is the most opaque electoral commission and ranks lower than even the late Kivuitu's Commission" said James Orengo, one of CORD’s lawyers. In the deliberate confusion that followed, strange results started flowing off the IBC press briefings. Among them, the following stand out:
  • Wajir North had a 92% voter turn-out for an area that traditionally indicates 50-60%. In Wajir West, had the Final Register not been adjusted, 99.45% of Registered Voters would have voted. In Nyaki East in North Imenti with 12,000 registered voters, 15,300 are reported to have voted!
  • In Kajiado South, the number of people who voted (42,276) is significantly higher than the people registered in December 2012 (41,040). The register was then adjusted to 46,218 to hide this blatant theft.
  • In Sigor, the people who voted (19,704) is higher than the people registered in December 2012 (19,337). The register was again adjusted to 21,341 to conform.
"How does Turkana Central, with 25,970 voters as at December 18, 2012 end up with 34,486 voters after reconciliation? Where did 8,516 voters come from?" asks Dr. Makodingo, a political analyst on his twitter page.

Worse still, IEBC’s figures refuse to add up inspite of efforts to "correct errors". Valid votes (12,222,980) plus rejected votes (108,975) add up to 12,331,955 and not 12,338,667 as IEBC declared to the nation. "
It is strange that 1,500,000 people only cast Presidential votes, and across the country, this number is reflected in joint votes cast for Senators, Governors, MPs, Women Reps or County Reps. It is an obvious case of manual ballot box stuffing and double voting for Uhuru" says Statistics analyst Dr. Makodingo.

All that CORD needs to do is prove that the 8,000 votes votes Uhuru received to add to his declared 50% are fraudulent. If that is achieved, the Supreme Court should order a fresh poll within 60 days. But the question remains: are we going to entrust the IEBC with another election? We may just have created for ourselves a Constitutional Crisis.

Wednesday, March 6, 2013

REVEALED: How Uhuru Kenyatta tried unsuccessfully to rig the 2013 election

According to this IEBC graph, Uhuru's votes follow the exact
same pattern as Raila's votes. External software is at play here.

That static statistic puzzled me!

IEBC realised that their system had been hacked into. The programmer had instructions to input a permanent difference of more than 400 votes between Uhuru and Raila. Karachuonyo MP, Eng. James Rege, Kenya's "E-MP" (my MP, might I add) blew the lid off this shameless scam.

IEBC have also realised that they cannot correct this unless they post the data afresh. Whereas, two men have been arrested for this debacle.

There is a lot of scrutiny at Bomas and everyone is on high alert. Any form of inaccurate tallying is being put to the side and individuals involved are personally being held responsible.

Having detected this at around 3pm yesterday, the Commission had no option but to go fully manual. Things would have been much worse had this not been detected.

As much as the media got the result, and we know who has won, I have decided to be patient and wait for IEBC to announce the results. I ask you to do the same.