Election 2013: Mega Corruption in Electioneering: A very costly sham election!

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Mega Corruption in Electioneering: A very costly sham election!

Even before we start what looks like an impending and protracted court process (that will unveil horrid details) we need to interrogate the conduct of this election. Long after the election was concluded, IEBC Chairman Isaak Hassan announced to the world that the turnout percentage was in the 70s. It now turns out it was in the mid to upper 80s, with some places approaching (if not surpassing ) 100% as we might soon find out.

Many serious questions will arise out of this election – touching on the link between mega corruption and a questionable election.

Were certain IEBC procurement decisions customized (or single-sourced) to ensure the outcome we witnessed starting on voting day?

Billions of shillings were spent to procure electronic systems that were meant to make the elections foolproof, while at the same time speeding it up (increasing efficiency). We must start asking Isaak Hassan whether IEBC’s spending decisions achieved its stated goals.

Turnout

There is a very clear link between extraordinary turnout rates and rigging. To stem this vice, IEBC used billions of shillings to purchase electronic notebooks that were meant to verify that voters in line were actually the same people in the register.

Did they work? Of course the system largely failed. Was such failure deliberate, or purely out of technical or skill-gap reasons?

Allowing some benefit of doubt, it is possible to attribute unprecedented turnouts to sheer interest to vote in this particular election (devolution et al.,). What is not in doubt, is that some extraordinary turnout rates in certain constituencies were linked to deliberate stalling or outright refusal to use electronic notebooks – to specifically allow impersonation of dead or sick voters, and in some brazen incidences, multiple voting.

Despite the billions spent to stem voter impersonations, we might have ironically ended up with unprecedented incidences of impersonations and multiple-voting – a scandal of huge proportions. Needless to state, past midnight, a day after the election – voting was still going on in some of these places where impersonations reigned. Some very ‘resourceful’ presiding officers – recruited by IEBC - come in here. The issue of staffing and deployment of IEBC staff will have to come back to light. Instead of punishing electoral officials involved in fraudulent activities, Kenya seems to be rewarding such vices –only leading to a proliferation of such malpractices.

There were also media reports about ballot stuffing, for instance the incident in Meru, where a Government of Kenya (GK) vehicle stuffed with ballot papers was intercepted by some youth. Where could such ballot papers have come from? Could it have been from the same manufacturer? Was there a ‘side-order’ procured with deception in serial numbers? Could this happen without insider collusion.

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90 comments on “Election 2013: Mega Corruption in Electioneering: A very costly sham election!

  1. Jesus,I’m crying now not for me but for many other Kenyans who’ll never get employed meaningfully in Parastatals or decent jobs because of Status Quo and Tyranny of Numbers everywhere. because @John and @Andrew speak nothing but the truth. I feel horrible remembering Our Bukusus being bought salt,Not Sugar, but Salt and Blankets and Votes for PNU . For sure a run-off is not a guarantee win since Money Can Buy anything in this Developing NATION..Projects have already been lured by honey coated pepper which we shall see in the next 5 years..It is sad. I have seen the Hand of God in my life,having been fired from my former work place where Tyranny Of Numbers was the order of the day..Where Motor Vehicle Sales of Brand New cars is not bananas sokoni. A sales call comes through and is directed to the ”chosen few” as well as info@ emails. How do you sell like you counterparts when the ground is swampy on your side?? Its not a fair world at all and the least we need to try make it fair is Justice. Now, it is Only God who can save Kenya,only God. Anything will be done,anything to keep Truth at Bay….I admire the CORD for a good attempt to enlighten us with this. But what they need to do ,now henceforth is to take it Mashinani esp Western and Ukambani. Workplace NAMES,Who is Who names etc..Share Truth with them.Sisi tunajua and I pray everyday for this. I am lucky to now be an employer but wouldnt have contributed if I was working swhere for sb. We need God at this time. Dont you see CORD is fighting an already Determined case? Rejected Applications everywhere,even the Manual Voter Register thats marked…..? God najua unaona and our will aint yours….Please Forgive Us and give Us a Second chance to make us feel Kenyan…It is sad,so sad to think what I went through can happen to an innocent qualified Kenyan graduate. Guys please remember Only God can save Kenya and all you can do is pray……………….5Years shall be the longest , toughest, challenging, Divided, Segregated and most Hateful for sure,The Legacy not many people are willing to Voice……………………………

  2. IEBC used time as excuse to hand contract

    NAIROBI; KENYA: Face Technologies was given a second chance to submit a working prototype of the poll-books used in the voter identification system that collapsed on the Election Day.

    This was after the first gadgets the South African firm showed electoral officials failed to meet many of the tender requirements.

    A report by the Public Procurement Oversight Authority’s administrative review board found troubling issues with the way the purchase of the devices was conducted. Contrary to the terms of their tender document, Independent Electoral and Boundaries Commission officials gave Face Technologies and SafranMorpho a second opportunity to demonstrate their devices.

    This opportunity was not given to other applicants. Bidders were supposed to submit a prototype of a working device and describe it in the submission of their tender applications.

    Face Technologies failed to demonstrate a working prototype on October 10, last year, later arguing that it received IEBC’s communications late.

    Safran Morpho did not turn up, also claiming short notice. Only Avante Technologies made acceptable presentations to the evaluation committee within the tight timeline.

    “(Face Technologies) made a presentation of a prototype that did not meet the requirements stipulated in the tender document,” the 60-page PPOA report reads. “(It) stated that it had received communication late and was unable to prepare for the presentation and provide the relevant prototype.”

    At a second presentation, the South African firm presented a different device from the one it had submitted with its tender document. This time, the pollbook worked satisfactorily and the firm went on to financial evaluation.

    “It is evident from these facts that the procuring entity (IEBC) was bent on awarding the tender to Face Technologies, come what may,” the report finds. “This conclusion is buttressed by (IEBC’s) decision not to disqualify (Face Technologies) when it submitted its tender without factoring (details about pricing) specified in Clause 2.9.2 of the tender document.”

    Despite the far-reaching findings, the PPOA review board was unable to cancel the tender on grounds that it was just two and a half months to the election and such a decision “would not be in the interest of the nation”.

    On Tuesday, Face Technologies confirmed that their poll-books were given a clean bill of health by the Kenya Bureau of Standards. The South African company, which won the contract to supply 35,000 electronic voter identification devices (Evids), says it cannot be blamed for a failure by election officers to use the gadgets properly.

    “The Evids were assembled in China with components from USA and China,” Mr Ian Minty, the firm’s tender office executive manager told The Standard On Saturday in an email interview from South Africa.

    “The Evids were tested upon manufacturing in the factory by the Kenya Bureau of Standards before issuance of the required certificates of conformity. They were also tested before and during training. No failures were reported.”

    Face argues that the failure of some operators to follow correct log in procedures, incorrect operating procedures or failure to properly charge the three batteries supplied per device before voting began, does not constitute technical failure of the devices themselves.

    “We have not been supplied with any devices that allegedly failed to conduct tests or verify the allegations. All devices used in the repeat elections of March 18 (in several wards where ballot printing errors were found) operated flawlessly, using the same technology,” Mr Minty added.

    According to the contract, Face Technologies was to supply, deliver, install, configure, train, test and commission the devices to be used by election officials. The voters’ data used on these devices was provided by the Independent Electoral and Boundaries Commission (IEBC).

    Face Technologies is one in a list of companies involved in supplying goods or services in electronic identification and tallying systems that suffered embarrassing failures on voting day.

    The failures are the subject of petitions at the Supreme Court over the outcome of the presidential election. CORD leader Raila Odinga, who is challenging President-elect Uhuru Kenyatta’s election, is using the failure of the identification system as part of his petition. However, IEBC has argued that going manual at the tallying stage was never against the law, but rather what the law required.

    Last week, the French embassy in Nairobi moved to distance its Government from the failure on grounds that it was only involved in voter registration.

    “The poll-books contained data collected during the biometric voter registration (BVR) process, but difficulties in connecting users to that data were a function of the EVIS equipment, not of the BVR data contained within them and also available through the manual register,” the French envoys said in a statement on Friday. “None of the equipment in the Canadian-supplied BVR system was used on voting day.”

    They added that given the very short timelines, there was a challenge finding enough handheld devices. A number of the poll books were substituted with laptops attached to fingerprint readers.

    On its part, the Election Observation Group said in about eight per cent of the 33,400 streams poll-books were either missing or malfunctioning as at 11.30am on Election Day.

    By 8.30pm, 55.1 per cent of the polling streams observed that electronic poll books had failed to function properly.

    Three different technologies were employed in the election. The first was the biometric voter registration process, which was successfully done. The next phase was the poll-book.

    This refers to equipment used on the voting day to biometrically identify voters at polling stations. This was the beginning of trouble after some laptops failed and others lost power.

    There were also cases where election staff forgot passwords or were unable to log into the system. The third was a tallying system that relied on specially configured mobile handsets.

    These, too, fell foul to various challenges just days after the poll, with less than half of the national tally reported. The Supreme Court is expected to deliver a ruling next week on whether these challenges had any bearing on the validity of the final outcome announced by IEBC.

    http://standardmedia.co.ke/?articleID=2000079947&story_title=Kenya-IEBC-used-time-as-excuse-to-hand-contract

    • Folks,

      As we approach the week that may be the most crucial in Kenya it may be time to take stock of what has happened in the political landscape.

      1. Devolution is in the house. Nothing can stop that. Not even Uhuru.

      2.CORD has taken care of business as far as devolution goes and they have a big task in front of them. They have to deliver.

      CORD is in charge of Nairobi County which is the heart and soul of the country. CORD managed to even win the Speaker’s job for the county. Now we need to put Evans Kidero on notice that he has to deliver to the residents of Nairobi. We need the overall strategic plan for the county. We need to identify revenue streams for the county. Yes we need a clean city but Kidero is NOT a mayor or garbage collector for the city. He is the bloody governor and his job is much more than just keeping the city clean. How Nairobi works and functions as a county will be the litmus test for the entire devolution process.

      CORD is also in charge of Mombasa, the great port city of the continent. There is a lot of work there beginning with how the port itself is managed. With a governor in Mombasa it is no longer the business of the central government to promise not to privatise the port. They can’t. The CORD county government in Mombasa has to start looking in ways to negotiate with the central government on how some revenues streams from the port will go to the county. Same with Nairobi we need to see the strategic plan for Mombasa county.

      Then we move to Kisumu county, also in the hands of CORD. Kisumu is actually a unique case because it is not as boxed in as Nairobi. Fixing the Nairobi slums will be a nightmare but in a place like Kisumu and other emerging urban centres there is room for creativity in urban development to avoid the horrors of Nairobi. Kisumu also has the potential to develop into a regional hub for trade with Uganda, Tanzania and the entire region. Working with other counties like Siaya, Migori, etc one important task is to develop viable waterway carriage and travel systems.

      Don’t forget Machakos and Konza city. It is time to deliver. CORD also has Kakamega, Mumias, Bungoma and Busia counties which are key pieces in the economic might of Western Kenya. In Gusiiland it is the same story. CORD is in charge of the economic power houses of the republic. That is not in question.

      In short CORD has taken control of some of the most important economic centres of the republic of Kenya. So far Uhuru and Ruto have the presidential jets and very little else. Oh no I forgot. They also have Kimemia. We will see how that works next week.

      3.The war ahead will be about how devolution works and it won’t matter whether you are Jubilee or CORD. The governors are going to face hostility from the centre and if god forbid Uhuru State House that war will be very intense and very soon every governor will realize they have to fight together to get resources and avoid being marginalised as afterthoughts and glorified mayors. That is where we are heading. Don’t forget the illegal county commissioners are still in place. For how long? They have to go and that is going to be a big fight. The Kenyan courts ruled them illegal and they are still in place thanks to the merchants of impunity.

      And just on cue. Expect more of this. The war against real devolution is just starting.

      http://www.nation.co.ke/News/politics/No-offices-homes-for-governors/-/1064/1729478/-/d432hdz/-/index.html

      And more of the looming fight.

      http://www.standardmedia.co.ke/?articleID=2000080001&pageNo=1&story_title=Kenya-Why-Senate-holds-key-to-devolution-rollout

      Those obsessed with the presidency will soon realise that the imperial presidency is a thing of the past. CORD has won the biggest share in the devolution battle, now they have to deliver and fight to save real devolution. In that fight they will be joined by many Jubilee governors. That is the good news for them. The oligarchy will do everything possible to sabotage and frustrate devolution. They will have very few friends in that department.

      Uhuru is fighting to save his ass from the ICC. That is the big deal for him and nothing else. The country must move forward and CORD is very well placed in that regard. I don’t see much happening with these Jubilee chaps apart from speculations on who will be in the cabinet. It has been a terrible anti-climax for them. They haven’t seen nothing yet. Wembe ni ule ule.

      4. One more thing. CORD should insist that all their governors must put in place programs to bring women into the governance positions of the counties. It is a shame that not one single woman was elected as governor there are no women deputy governors either. May be one or two. The governors should be encouraged to appoint women as the CEO of the counties and in other management positions. That should be a national agenda for CORD and not just left to individual governors. There are qualified women out there who can do the job, what we need is the political goodwill and commitment. With the counties, CORD now has the opportunity to deliver for Kenyan women. We want to see the action and it is about time.

      And by the way, CORD may also boast of having some of the most thorough bred senators coming in the senate. The likes of Hassan Omar, James Orengo, Moses Wetangula, Ayang’ Nyong’o. Prof. Kivutha Kibwana and many others. CORD is going to have a lot of influence in the senate. Cord has 27 senators and Jubilee has 29 including those elected on tickets other than Jubilee. It is a virtual tie. There are only three others and UDF is a key player there. No party or coalition will control the senate which is a very important new institution in the country. The election of the senate Speaker tomorrow is going to be very interesting.

      There is a lot of work to be done. Meanwhile the other guys will be fighting tooth and nail at The Hague where they belong. Ruto goes there on May 28, 2013 and Uhuru follows on July 9 2013. They can cry all they want but they have to go there or face the wrath of the world and even their own supporters who think the ICC matter is now dead. It is not by a long shot. Let’s see how the Skype government will work.

      A lot has already been achieved in this election. This is work that has been going on for more than two decades. We still have a lot of real estate to cover but we are moving. As always.

      If the court rules in CORD’s favour Uhuru will have to come down from the high table and surrender the I million body guards and come back to earth. He might never have that chance again if that happens. Oh my.

      In the meantime CORD has to get working and now that the governors have been sworn in office they have to get to work. It might be a good idea to have a national gathering of all the governors to formulate the framework of how to work with the central government. CORD has a major leadership role to play.

      And here is Macharia Gaitho whom I rarely agree with talking about the emerging fascist power grab in the republic. We will meet them where we would rather not meet. It is their choice. Remember the movie Amandla! I agree with Macharia Gaitho on this.

      Here we go:

      http://www.nation.co.ke/oped/Opinion/Security-team-bent-on-silencing-dissenting-voices/-/440808/1729316/-/item/0/-/12mg6j3/-/index.html

  3. Chaotic tender process led to faulty kits

    KENYA: The South African firm that supplied pollbooks for the March 4 General Election was the beneficiary of a chaotic tender that saw electoral officials bend several public procurement rules, it has emerged.

    An independent review of the purchase of the voter identification gadgets last December found that the Independent Electoral and Boundaries Commission was “bent on awarding the tender to Face Technologies, come what may”.

    Instead of disqualifying the firm for not meeting mandatory requirements, IEBC “went out of its way to accommodate the bidder”. This included pricing the company’s items for itself and allowing them to present a different device at a second demonstration after failing at the first ‘proof of concept’ showing.

    “It is most unusual for a procuring entity to be (this) magnanimous in interpreting its tender document, especially in favour of bidders,” found the administrative review board of the Public Procurement Oversight Authority. At least three review applications were brought by losing bidders protesting IEBC’s obvious bias. Despite finding “a pattern of partiality offensive to our procurement laws” the PPOA’s review board reluctantly allowed the award to Face Technologies to stand. It concluded that with just two and a half months left to the election, stopping the tender for voter identification devices or ordering a re-evaluation would not be in the public interest.

    Small excuses

    Ironically, Face Technologies was 10 years ago apparently cheated out of a major security contract in a similarly controversial tender. The Standard On Saturday has learnt that the firm participated in a tender to replace the country’s passport printing system.

    The South African firm was knocked out at the technical evaluation stage and the contract awarded to Anglo Leasing and Finance Ltd, a company that did not even take part in the tender. Dr Wilson Sitonik, then head of the Directorate of IT Services, was later charged in court for abuse of office over the matter.

    “Wilson Kipsang Sitonik on May 2003 at Treasury Building within Nairobi City arbitrarily rejected the award of the contract to Face Technologies, contrary to the Technical Evaluation Report of February 6, 2003, a matter prejudicial to the Government of the Republic of Kenya,” the charge sheet read in part. Sitonik, who was charged alongside former Treasury Permanent Secretary Joseph Magari, was later acquitted for lack of evidence.

    The revelation that the IEBC favoured one bidder to supply 35,000 electronic voter identification devices (Evids) is set to raise questions following the challenges it had with them during the election. These challenges, among other issues, are the subject of petitions before the Supreme Court. A hard hitting PPOA report accuses the IEBC of being cosy with Face Technologies and finding excuses to disqualify other companies.

    “(IEBC) appears to have adopted… a scheme of nit-picking when it came to the tenders of bidders it did not favour, and one of cosiness when it came to the successful bidder ( Face Technologies),” the report reads. During the first evaluation, Face Technologies provided a prototype device that lacked a spare 12-hour power back-up that was marked as critical in the tender requirements. It also did not have an original battery attached to the laptops that could last 12 hours. The device it supplied at this stage also did not meet the requirement of a start-up and recovery time of less than 30 seconds.

    They blamed this on IEBC’s last-minute communication (which saw another bidder fail to show up) and were allowed to provide a second demo.

    Face Technologies also failed to meet the tender conditions in quoting its price. The firm quoted Sh1.39 billion ($16.6 million) for the 35,000 devices, but did not include customs duties, port clearance charges, transport charges and taxes payable as required in the tender instructions. The PPOA review board found that this omission should have seen Face Technologies disqualified.

    “The clause uses the expression ‘shall’, making it clear that the procuring entity wanted the prices to be inclusive of all items stated therein,” the report reads. “It is very strange that the procuring entity, having given these clear instructions, ignored them in evaluating the submission by the successful bidder, and has now disowned them in these proceedings.”

    Avante International Technologies, one of the bidders that contested the award, had quoted a sum of Sh2.1 billion, inclusive of all the taxes. Two other aggrieved bidders – Smartmatic International and Lithotech Exports – also complained to PPOA. IEBC advertised a tender for the supply, delivery, installation, configuration, training, testing and commissioning of the electronic voter identification devices on June 1, last year. The tender closed on June 14 of last year, attracting 15 bids from, among others, Equip Agencies, Computer Foundation, ICT Globe, Technobrain, Hair Electrical Appliances, Richardson and David and Business Connection. Others were SafranMorpho, On Track Innovations, Africa Infrastructure Development and Tata Africa Holding.

    Evaluations by a ten-man committee chaired by Mr Mohamed O Hassan found 10 bids “non-responsive” at the preliminary stage. Two were knocked off, leaving Face Technologies, SafranMorpho and Avante to proceed to the final stage, the financial evaluation, which saw Face Technologies emerge the winner for putting in the cheapest bid.

    The PPOA review board meeting that heard petitions from Avante, Lithotech and Smartmatic was held on December 3, last year, just three months before the General Election. Board members present for the meeting included PM Gachoka (chairman), Akich Okola, Christine Ogut, Joshua Wambua, Sospeter Kioko and Loise Ruhiu. IEBC and Africa Infrastructure Ltd (interested parties) were present by invitation along with the three firms applying for review. Others in attendance were Nathan Soita, Philemon Chemoyo, David Esuron, and Judy Maina from the Secretariat.

    http://standardmedia.co.ke/?articleID=2000079945&story_title=Kenya-Chaotic-tender-process-led-to-faulty-kits

  4. every passing day and even more disturbing news is released about IEBC and its ability or rather lack thereof to actually conduct elections

    http://www.standardmedia.co.ke/?articleID=2000079627&pageNo=1&story_title=Kenya-IEBC-tallying-system-attacked-twice-on-poll-day,-auditors-say

    ==
    “Ideally, the mobile and web application is always a synchronised platform and it raises a lot of curiosity how IEBC allowed different firms to run complementary system functions, which led to further system insecurity,” the source, who ran an independent audit of the system after it crashed told The Standard.

    The other component of the failed system is the maps service server. After the information was received in the database server, it was relayed to the map service server that was being run by Japak GIS for visualisation of results on the screens that were situated at Bomas of Kenya.

    “I established that despite the failure of the IEBC voter tallying system at the testing stage, the institution insisted that it would still go ahead and implement the failed solution that had been developed by Japak GIS and International Foundation for Election Systems,” the source said.

    The independent auditor also raised concerns on whether the overall system administrator had all passwords for the system.

    “My brief was to use my developer networks and knowledge to conduct an initial system audit that would give some insight on what was going on at the back end of the IEBC system,” he added.

    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. Next Technologies, the firm that had developed the transmission system for by-elections of September last year, which had been successful, had also been replaced.

    The weakness of the system had been spotted more than two weeks before it happened.
    ==

    i had said sometime back that anyone that has ever implemented a large scale ICT project (of course like yours truly) could have told you that this system was never going to get off the ground even in the most favorable environment. but under a hanging cloud of potential sabotage, it was guaranteed to fail

    the real story for me here would have been the attempts by IEBC to prevent the hacks, instead we are learning that they in fact encouraged it.

    and all this before the details are presented in the case at the SC, keep them coming folks, toboa yote

  5. The Voter register that CORD is referring to does not even exist on IEBC website but IEBC did upload the register used in the election on 24 Feb http://www.iebc.or.ke/index.php/media-center/press-releases/4

    So I don’t think CORD wins the register argument. The evidence for this blatant theft is in the Form 34s, 35s and 36s for former NEP, Pokot, Samburu, Kajiado and Narok amongst other polling stations mostly in the marginal regions. These guys carried out a very sophisticated rigging operation by focusing on the marginal regions with traditionally low turnouts, obviously with the help of IEBC staff. If CORD concentrated on NEP alone, it would unearth mountains of evidence. I know this because of the unusually high turnout shown in the region. You cannot prove it through the register because the theft has been kept below 100%. In places like NE where turnout was below 45-55%, it as been inflated to 90-92%. It seems CORD was caught napping all the way. It is a case of catch me if you can.

    CORD will not be able to prove that turnout exceeded 100% because they are basing this argument on the provisional register of Dec 18 while IEBC was using the register of 24th Feb that puts all voter turnout below 100%. It seems the CORD campaign was not aware of the register that was being used in the election! These guys might just get away with blatant theft, like they have gotten away with murder.

    • NewKenyan

      The CORD petition has been very cleverly cast wide. The voter register issue is actually an attempt to show that the whole process was phony.

      CORD has numbers to show that nobody got the 50% plus 1. They are going to prove it.

      CORD has information we haven’t see yet to show that the collapse of the BVR and the digital process was not an accident but a deliberate plan to screw the election and IEBC was working in cahoots with the dark forces, specifically TNA.

      CORD will also prove that many of those forms 34, 35, 36 were not signed by all agents as required by law. In any of those circumstances any of those votes will be removed from the pool. That is the law.

      CORD has a lot of wrenches to throw in the mix and they will. They(CORD) have been very careful not to make outrageous claims but they have mapped the landscape for the case very smartly. I see a re-run

      • Adongo I will trust your word on that. I’m not a lawyer, just a close observer of Kenyan politics and I’m a bit familiar with Kenya’s electoral map and voting history which is why I quickly realized something was wrong when I looked at the results. As long as CORD keeps our opponents guessing as to what evidence they will reveal in court, we can only hope for the best.

        I was just concerned CORD was anchoring too much of its case on the register instead of the actual malpractices and alterations done by IEBC. The register will be an easy one for the IEBC because they actually uploaded the register they used in the polls on 24th Feb. The register that CORD refers to which was apparently published on Feb 20 is not on the IEBC website. But am hopeful the CORD legal team will deliver a solid case and justice to Kenyans.

  6. it gets very annoying to read articles like this

    http://www.nation.co.ke/oped/Opinion/Confessions-of-a-foreign-journalist/-/440808/1722036/-/mymgal/-/index.html

    ==
    Weeks before the poll, western officials were privately warning that the Commission in which so many Kenyans had placed their faith was hopelessly behind schedule.

    The sophisticated and expensive technology that was supposed to help guarantee a clean poll would not arrive in time – and when it did, failed to work.

    The officials made clear that the Commission was simply not capable of living up to its pledges and fulfilling its duties; and they warned that procedural faults that took place before the polling day were grounds for challenging the outcome in the courts, whatever happened on election day itself, and whichever candidate was the loser.

    It became “a fiasco” according to a senior western official. And as polling day drew closer, the alarm bells grew louder and the crisis became deeper.

    Less than a month before the poll, a report commissioned by DfID struck an ominous note: time to address the problems and to ensure a fairelection was “fast running out” while the election schedule threatened to become “impossibly tight”.

    Far from divulging the contents of these reports, diplomats chose silence. “The whole secrecy of the analysis and projections is ethically questionable,” maintains a senior western official who had access to the reports.
    ==

    deja vu all over again.

    and the icing on the cake is that many of these diplomats are quietly congratulating “winners” of the sham

    • TNK, People,

      Anytime you hear a politician/government institution, however independent, praising the media and looking forward to working with them as a partner, then you should immediately know that something is very very wrong with the media! I hope you get what I mean!!

  7. I think the CORD decision to base the case on the IEBC register weakens the case. IEBC will contend that the register reconciliation accounted for the changes. CORD should have focused its case based on Form 34s and 36s particularly those for NEP, Turkana, Samburu, Narok, Kajiado and W.Pokot where there was obvious blatant rigging of the election.

  8. Wakenya wenzangu;

    Forget the KU incident, BVR theft and the sudden media questioning of the election flaws – Uhuru is preparing for round 2.

    I will reiterate some points I mentioned earlier;

    Mudavadi has already signed a deal with Uhuru, Wamalwa is rumored to be a front runner in the cabinet selection, read – Uhuru secures the Maragoli and Bukusu votes, major components in the Luhya amalgam.

    Uhuru is already working to divide the Kambas, a small group had earlier in the week come out to declare their allegiance, Wavinya Ndeti of CCU has now joined the Uhuru bandwagon and rumour has it that no effort is being spared to flip Kalonzo.

    In the coming week expect more of such forays to different groups perceived to be CORD supporters e.g. the coast, the Kisii, muslims etc.

    In his short span as president elect, Uhuru has already met business leaders, religious leaders and members of the reform commission, read – “I am a consensus leader and ready to work with all for the good of the nation.”

    The above actions are being disguised as “the need to bring Kenyans together”.

    Remember the Kenyan political mantra; if you don’t vote for me you will be left out of government. As I said, Uhuru’s propaganda has been effective – tyranny of numbers anyone? So going by the just concluded vote, Uhuru will easily win a second round. Many gullible Kenyans don’t want to be “left out of government.”

    Many Kenyans are also suffering from political fatigue, a common refrain is “we don’t care whoever is president; we just want to continue with our lives.” Fortunately for Uhuru and unfortunately for Kenya, Uhuru supporters are one demented and fanatic lot; they will turn out in droves no matter how many re-elections are called.

    Finally, my advice to Cord; there are several battlefronts which you should be tackling and not just the court case. Information dispensations, voter mobilization, counter propaganda, media presence etc should firmly be in your battalion. The battle is far from over.

    Habari ndio hiyo!

    • Andrew, as much as it pains me I have to admit the reality of your point. This is why earlier I mentioned CORD’s issues in getting the vote out. Perhaps Kenyans will wisen up after the taste the consequences of their choices and apathy. But what is most important is that regardless of possible outcomes of a runoff the truth will come out.

      Taking a long term look, I highlight a point Adongo said as we look to the future. Will this coalition really last 5 years especially given that Ruto is headed to the ICC but Uhuru is now more hopeful about his case, and Uhuru will not save Ruto.

      As I reflect on many things I am hopeful in the long term, 5 years will pass. When Kalenjins realise they are not getting back any land and nobody is getting historical injustices addressed, then we will see what happens. Remember that whoever is president will need some working majorities in the legislature in order to get things done, so what happens when URP bolts?

    • Andrew

      very good assessment on the strategy

      its a very complex situation, whereas CORD have to first finalise the battle in the SC, jubilee can take advantage of the sham incumbency to launch campaigns

      also its true a number of people believe the tyranny of numbers and want to be part of the “new government”. that’s politics

      the reality here is that we as CORD are figthing to make the vote count. that in itself will be a huge victory.

      the fact that they are still stealing the BVR kits in preparation for another round of voting clearly demonstrates that these guys have still not learnt and will try yet again to manipulate the votes

      in truth, we will cross that bridge when we get to it, but that is indeed a good heads up

    • Andrew N

      It is indeed very strange that the so called president elect is back on the campaign trail. I thought he was already at State House with his cheering crowd including Jendayi Frazer from the infamous Bush era.

      If this thing goes back to the voters Uhuru will be crashed. Even bank robbers don’t go to the same bank twice in a row. If they do they will get killed. Uhuru’s presidency hangs on the SC verdict. If he loses he will be gone.

      • adongo

        they’ve recently just stolen the bvr kit from an office in ruiru

        if they could mutliply rejected votes by 8, inflate the EVID vote tally , operate a mirror server via safaricom, with the BVR kit, am thinking that even 2 year olds will be voting overwhelmingly for the king. anything that can generate a fingerprint will be co-opted

      • Adongo, tnk …

        From what I gather, there seems to be a general consensus among both jubilee and cord camps of the possibility of a re-election. Depending on which side one falls on the political divide, the IEBC was either overwhelmed or they deliberately bungled the elections.

        Several people I have talked to believe that Cord’s petition is sorely based on forcing a rerun by nullifying the slim .07 percent. The spin by Jubilee is that a rerun would be futile since Uhuru won by more than 800k votes. As I said earlier many people have swallowed this lie hook, line and sinker.

        My hope is that the petition will illuminate all the anomalies and foul play. I am especially interested in knowing the exact inflated votes Uhuru got. Some analysts believe that the figure could be as high as 1.7 million. If this happens, it will disabuse the tyranny of numbers theory which has been used as a powerful propaganda weapon.

        So as the hearing proceeds, I hope the truth will come out forcefully and reach all and sundry. Cord must also spare no effort in informing the masses about the details of the petition, remember large swathes of the population do not read newspapers nor have internet access.

      • Andrew N,

        The myth from Jubilee and their congregation is that they will trounce Raila and CORD in a run off or a re-run.

        They forget one simple fact. Uhuruto maximised their votes while CORD left almost 3 million of their voters out there because they did not come to vote.

        In the next round CORD has to forget those big rallies and put its energies in bringing everyone of their voters to the booth. This will not be the time to attract new voters. Those who voted for Uhuruto will do the same. CORD must spend all its energies in bringing their voters out. They have enough to win. Forget the other folks. We will talk with them after the election.

        Run-offs are notorious for low voter turnouts everywhere in the world. In this case if the SC nullifies the results CORD must have a very clear message about letting thieves take over your house. Regular thieves will break into your house steal stuff and run away. These thieves come to your house, break in and stay there and when you come in they are sleeping in your bed and cooking your food and eating it and telling you to get out of their house. CORD must tell Kenyans that the only way to get rid of such thieves is to come out and vote.

        The whole election was about voter turnout and CORD failed that test. They cannot fail again and that is going to be what we preach to them.

        Also remember Jubilee is behaving like that guest who ran to sit in the VIP seat only to be told to move out and take a back seat. It is always better to sit in the back seat and be invited to sit in the VIP seat. These guys have both feet in State House and may very well be told to move out and go and campaign again. They have been dancing lame for a week, what happens if they are told all that is in vain.

        I have gone through the material of the petition and it seems to me that at the very least there will be a run-off.

        The dark horse here is if the court finds IEBC criminally responsible for the fiasco. The IEBC may end up being dissolved and if that happens it will be a complete disaster because there will be no institution to run the next election.

      • “In the next round CORD has to forget those big rallies and put its energies in bringing everyone of their voters to the booth”.

        This is ABSOLUTELY IMPORTANT, the CORD team must start working NOW on the low-level grassroots actions needed to get out the voters. They can combine thsi with explaining hos this one was stolen and what is at stake if the theft stands.

      • Adongo Wrote:


        “The dark horse here is if the court finds IEBC criminally responsible for the fiasco. The IEBC may end up being dissolved and if that happens it will be a complete disaster because there will be no institution to run the next election.”

        Adongo,

        Here is how the NMG is trying to spin that eventuality you raised vis-a-vis the life of IEBC!

        Disbanding IEBC requires rigorous process, say experts

        ………………………………………………………………………………………………
        To kick out the commissioners, one will have to file a petition for their removal to Parliament, which will then sit and if the House approves the petition, the President will look at it and appoint a tribunal which will then have the job of deciding the fate of the commissioners.

        The process is so elaborate, and difficult, but not impossible. Unless the commissioners resign, there’s no guarantee that any of the nine IEBC commissioners will be going anywhere anytime soon…………………………..

        http://www.nation.co.ke/News/politics/Disbanding-IEBC-requires-rigorous-process-say-experts/-/1064/1722508/-/feelttz/-/index.html

      • Kajwang’ says if party wins petition, UN to preside re-run

        By Martin Mutua

        Nairobi, Kenya: Homa Bay County senator-elect has urged Kenyans to prepare for another presidential elections following the petition by Coalition for Democracy filed on Saturday at the Supreme Court in Nairobi.

        Otieno Kajwang’ said the CORD team was confident the court will grant them justice and nullify the results of the March 4 election.

        He said they have overwhelming evidence that the just-concluded presidential electoral process was flawed.

        “Going to the Supreme Court is not a sign that we are weak but it is because our Judiciary system is can deliver,” said the Immigration minister.

        He said numbers do not lie and the president-elect Uhuru Kenyatta did not have the numbers to grant him a round one victory.

        Lost integrity

        He took issue with the Independent Electoral and Boundaries Commission, saying it lost integrity in handling elections and should therefore be disbanded.

        “IEBC began by spending over Sh10 billion taxpayers’ money on machines that did not work and now they have failed to conduct transparent elections,” Kajwang’ said, adding that IEBC should be disbanded because it can no longer deliver the public expectations.

        He said should CORD win the election petition and another election be called, they will insist that the United Nations oversee the process instead of IEBC to ensure it is flawless.

        The minister said Kenyans had lost confidence in IEBC because of many election malpractices.

        Kajwang’ was speaking during a burial in Ugunja constituency, Saiya County, at the weekend.

        http://www.standardmedia.co.ke/?articleID=2000079560&story_title=Kenya-Kajwang%E2%80%99-says-if-party-wins-petition,-UN-to-preside-re-run

      • Mutunga urges Kenyans to defend gains from Constitution

        Probe polls

        Mutua said that the Committee would come up with a report within one month to comprehensively probe the polls.

        He said that LSK would institute proceedings to impeach the Independent Election and Boundaries Commission (IEBC), if they breached the constitution.

        “IEBC was bound by the constitution that spelt out its duties, roles and responsibilities that had to be upheld,” Mutua said.

        http://www.standardmedia.co.ke/?articleID=2000079573&pageNo=2&story_title=Kenya-Mutunga-urges-Kenyans-to-defend-gains-from-Constitution

      • i never know what to make of these updates such as this report on the recent theft of BVR kits

        http://www.standardmedia.co.ke/?articleID=2000079564&story_title=Kenya-Police-arrest-two-officers-over-theft-of-BVR-kits,-firearm

        evidently it was 20 units stolen and according to the officers apprehending the suspects

        ==
        According to officers who visited the scene, the motive of the raid was to get hold of the IEBC machines and the electoral materials.

        “We believe the thieves wanted to take the materials, which are crucial in many ways,” said an officer
        ==

      • had been wondering why these mashetani would need to steal BVR kits at this stage, then it hit me

        quite simple

        either
        there exists data in the register of possibly hundreds of people who were registered but never provided the Biometric specimen e.g someone else registering on your behalf. therefore it was imperative that this anomaly is not captured during voting, but now with the possibility of a validation exercise, the biometric specimen must somehow be entered into the database

        in this regard i would not be surprised if the thieves include compromised IEBC staff, but am just speculating here

        the other possibility is to stuff the register with new values in readiness for a possible run-off or re-run

        regardless, that register needs to once again be reconstituted and re-inspected if an election is to take place within the next 90 days

        that 9bn dollar investment needs to be incinerated

      • tnk,
        The BVRs are very valuable at the moment. They carry all sorts of anomalies that must be buried.

        The only problem is that the custodian of the kits is the accused IBEC. I wont be surprised if technicians are not currently at work altering or deleting data from the machines.

  9. wow

    just when you think they cant surprise you any more

    http://www.standardmedia.co.ke/?articleID=2000079434&story_title=Kenya-Thugs-attack-IEBC-offices,-steal-BVR-machine

    “thugs” (seriously no pun intended in that story) break in to IEBC and guess what they steal the very machines that “failed to work” on election day

    no! you dont have to pinch yourself, its real life

    sounds to me like the guys that sabotaged the electronic process want to or are in the process of rewriting history

    with such severe security holes in the fabric of IEBC, the holes being much bigger than the garment, is there anything that these “thugs” CANNOT DO with the IEBC operations? the IEBC is like a pinata to these “thugs”, the more you hit, the more goodies you get

    the gift that keeps on giving

    has this man hassan simply no shame at all?

    • @Andrew @John. Do not be so dejected and desolate. It’s not over yet. We cannot throw in the towel before the real battle and began. CORD is down but not out. I concur, they need way better PR people. Jubilee is winning the propaganda war but conservative elites usually do as they are willing to do anything to get their way. Some of the information coming out of petition is very ugly and I am just talking about the part where it is alleged that TNA and the IEBC shared a server for transmission of electoral results, and the system was compromised to allow for massive rigging on the part of TNA. Let’s hope this ugliness is enough to turn some voters away from Uhuru and raise the temperatures enough to light a fire under CORD voters. CORD’s only option is to tap into voter anger about corruption and sham electoral processes. They have been successfully hog tied in this respect because of all the talk of “peace.” It is difficult to rouse legitimate, albeit, a peaceful anger in people without being accused of calling people to violence. A rock and a hard place that a strong PR team might be able to navigate successfully.

      Please excuse any typos

      • I am not very dejected, and I believe that the fight must continue as hard as possible. What I am saying is that JUBILEE is and will be doing anything ane everything for Uhuru to keep power, so we need to have a plan B, look at the long term, and not mistake one battle however big for the whole war.

      • cynicforsocialchange;

        My apologies for sounding defeatist; on the contrary I am not. Mine is to tell you that we are dealing with a formidable opponent – Uhuru is covering all ground and leaving nothing to chance. As much as Cord should and is expending a lot of effort in the SC, there are other battle fronts that the opponent is already working on.

        Bado mapambano!

  10. Cord should be presenting their petition today.

    This is my view.
    I have observed Uhuru closely. A few months ago Uhuru and a coterie of politicians went on a mini shuttle diplomacy around East Africa. In some countries they were accorded the same level of treatment preserved for presidential delegations. The question I asked myself then; why would Uhuru solicit support yet he had not been elected president, did he know something we didn’t? A few weeks to the election I observed how Kimemia and co. was preparing the transition – inauguration in Kasarani instead of Uhuru Park, audacity of inviting President Obama, usurping executive authority etc. They definitely had someone in mind and for sure it was not Raila.

    My deduction then was Uhuru will not accept defeat ala’ Kibaki 2007 or some form of rigging will be effected. Well going by the evidence, Uhuru settled for the latter. The mission was successful going by the many of us they had fooled. The media seemed to have been compromised and had joined the Uhuru praise bandwagon; many people seemed to have resigned to fate and swallowed hook, crook and sinker the tyranny of numbers fallacy.

    Now the petition;
    Uhuru is already acting like a sworn president despite the overwhelming evidence in the petition. This can only mean two things, either the petition will be thrown out or Uhuru is confident of winning in case of a re-election.

    So what are the chances of Uhuru winning a re-election?
    1. Going by the results in by elections, the outcome for one reason or the other seem to always favor the incumbent or the party in power. Uhuru could be banking his hopes on this fact.
    2. There has been a determined campaign, aided and abetted by the mainstream media portraying the way Uhuru beat Raila comprehensively. A re-election will therefore be a waste of time and resources since the result in inevitable.
    3. Observe how Uhuru has moved swiftly to consolidate his numbers. Word is that all small parties have pledged allegiance to Uhuru and serious efforts are being made to flip Kalonzo and thus isolate Raila. Notice how groups of election losers (Mudavadi, Kiema kilonzo), charlatan tribal elders (Miguna, Tuju) and other busy bodies are rushing to pledge their allegiance to Uhuru. The reasoning behind this is that areas that previously voted against Uhuru will vote for him after resolving “not to be misled again” by their previous clueless leaders. However, the inclusion of other groups and parties in the jubilee alliance will definitely result into problems between Uhuru and Ruto, I will leave that topic for another day.
    4. A psychological warfare is ongoing e.g. tyranny of numbers, ICC case has collapsed etc. Uhuru comes across as an invincible juggernaut. Many are the Cord supporters who are dejected and desolate; this despondency does not augur well in the case of a re-election. Watch how the Uhuru crowd has taken over the internet, even some impregnable sites like Jukwaa are now filled with Uhuru acolytes spreading propaganda left, right and center. The Daily Nation website currently resembles the disbanded mashada.

    So what to do?
    Uhuru does seem impregnable at the moment, but I strongly believe that the darkest hour is just before the dawn. So fellow Kenyans, this is not the time for despondency it is time to fight. By fight I don’t mean in engaging in violence, but each individual can do something in his/her capacity e.g. pray, mobilize, spread the news to others, fast, avoid the tempting defeatist talk – speak positive, speak victory, be ready to vote in case of a re-election etc. We have come a long way as a country and we must not allow the tribal oligarchs to mess everything we have fought for.
    KENYA WILL PREVAIL!
    Unedited.

    • I agree that this is not the time to be despondent. We all hope that the courts will declare a run-off, but that is where the real challenge would begin for CORD. Adongo has made two very important observations. One is that there are enough votes outside Kikuyu-Kalenjin areas for the rest of Kenya to come out on top in any elections. However, in this case I was in Kenya during the voter registration and I was shocked at how little effort CORD had put into the exercise. Two is that even with that failure CORD should have done more to ensure turnout at the booth, but they failed. If the court declares a run-off, CORD will have to work very hard on that front.

      Probably the most imoportant thing now is that the truth come out in what went on in the manipulations and to keep them in mind in the future. I think that even if there is no run-off, this should be an important lesson and Raila can start preparing for 2018. But whether for the run-off or for 2018, I think Raila must get better people to help him and not just rely on his charisma and history in the service of Kenya, especially fighting for freedom, and polls. Voter registration and turnout requires some had low level woek that is not very glamourous but must be done.

      But first lets take one step at time and get the truth. Hitsory is long and one battle is not a war. We have been here before with stolen elections.

    • Andrew

      Uhuru has a lot of money. A lot and a lot of it. With that a person can do anything especially in a third world place. Do you remember the Colombian drug lord who agreed to go to prison provided the prison was built according to his architects, with his money, and to his own comfortable home-level standards? Uhuru has been spending big but remember that everything is just a small slice of the interest of what he inherited. I fear that we have not even seen the beginning of what big money can buy in a place like Kenya. We should not despair against such a well equipped foe but we must enter the battle with eyes wide open.

    • The tribal army seem to have overrun the DN website. Going by some of the articles the DN seem to be complicit in encouraging the behavior.

      • The desolation and dejection of CORD supporters is the biggest battle to be overcome this election. The Uhuru propaganda machine is in overdrive and now they have additional state resources on their side. The British PR firm that he consulted is certainly worth their weight in gold. We need the mainstream media to comprehensively cover the petition and ensuing court case. Other than that, maintaining a presence on social media, challenging erroneous perceptions with the truth as much as possible is an essential part in countering the propaganda war. In some ways, I feel like I am now living in some sort of bizzarro world where everything is upside down. Speaking the truth about tribalism is now hate speech, whereas real hate speech goes unchallenged. I cannot stomach the Daily Nation any more since they have either given up on moderating their comments pages or are complicit in promoting a certain point of view.

      • I stopped reading the DN and Standard after the elections and I don’t think I will anytime soon.

        Our own journalists have turned into zombies who don’t have own brains.

        I have never seen a situation where over 100 Kenyans journalist are asked by the IBEC (Hassan) if they have any questions and they go mute. Not even one question. This was happening at a time that the IBEC was making a lot of missteps. Could they not even question Hassan Isaak about the wrong tally that was rolling on the screen behind him. I’m talking of the very last day of the so called “final tally”,

        Now they are all running behind Uhuru Kenyatta as he meet third world envoys who have little respect for the law. Its a shame of glorious magnitude.

      • mzee,

        glad to know that there is a growing chorus of questions about IEBC’s failure to conduct credible elections. here are the media guys waking up from their long slumber (it’s okay, you can hold your nose as you read this DN article :))
        talk of closing the stable door long after the horse has bolted.

      • John Dibbley,

        Your points are important. After tomorrow when the CORD petition is filed we may get a look at some of the evidence. Then we will need and must have urgent and serious diologue as Kenyans to agree on maintaining the peace as everybody seeks justice and gives our Supreme Court its first historic duty to the people of Kenya. We all agree that the Supreme Court’s decision will be final. That is the law and Kenyans are eager to start respecting their institutions. Nothing is going to change that.

        On the other hand, CORD has to talk straight to Kenyans after they file the case and give Kenyans a brief account of the evidence they have in this case. Kenyans need to hear why CORD has filed this case. That is what all law enforcement agencies do. When they arrested O.J Simpson in that bizzare chase in LA they told the world why they were arresting o.J. Horrific stuff.

        The same way CORD has to tell Kenyans exactly why they have filed this petition and how that is true. Put frankly, Kenyans want to know that this is not some silly joke and ego problems as it is being sold by the Kenyan media and the other instruments of the oligarchy that wants to dominate Kenya for another 50 years.. Their boy is running with a spanner called William Ruto. The rest is “mavi ya kuku”.

        We need to tell CORD that the “mavi ya kuku” nation(s) in the land wants to know what this case is all about. Tomorrow would be a good day to start doing that.

        It is time to go to work knowing where we stand.

    • Akinyi & others,

      The chauvinists are on rampage. Just check the Daily Nation website. This is like the 1969 mass oath taking that Jomo Kenyatta ordered to consolidate Kikuyu chauvinism at its worst. It was the beginning of the end of Kenya as a country. We almost got the country back in 2002 with the Narc revolution then the Kikuyu chauvinists hijacked that as well and Kibaki turned out to be the worst devil ever in State House who almost physically destroyed the country.

      Now Uhuru with the blood of children dripping from his hands is about to take the country back into absolute darkness and this time the oath taking is in the internet. It is reprehensible and despicable but it is a reality Kenyans have to live with. We know the internet cowards do most of their fighting with the keyboards but it tells you the mentality on the ground. It is delicate and dangerous and that is before the Supreme Court starts its proceedings.

      The internet thugs represent the sick mentality of power worshippers who are telling every other Kenyan to follow them or go to hell. Well if we don’t watch this thing carefully we might all end up in hell.

      If you follow the vitrol about the petition the general line is why is Raila wasting time. Why is Uhuru not being sworn in now. They insist Uhuru must be sworn in on March 26, 2013. If the Supreme Court was to stand on their way that country could explode because I think people are getting pretty fed up with this machismo and muthamaki worship. Uhuru may be their king but he is not the king of Kenya.

      Whichever way this thing goes Kenya is on some very sloppy ground and the mass campaign to implant fear in Kenyans and demand that we all worship their king may backfire terribly. If we stood up to Moi who could order you shot dead or detained if not locked up in a stinky swimming pool what makes these people think that we will bow to a fellow indicted of mass murderer and rape of Kenyans. At the very worst Uhuru and his friends can resume the murders of children and the rapes but even that won’t be new. Kenyans have gone through that already. What else can they do?

      • Mr Adongi, I dont know you. BUT i just want to ask you a question. How confident are you of the over whelming evidence? I sure hope that the CORD fellas have done their homework and do a good job not with the “sheer amount of evidence” BUT with the aspect of confirming or presupposing a “motive or conspiracy to defraud”. That then means, the APPROACH is the most critical aspect that should be checked, cross checked and counter checked. Its good you have people like ORARO because they understand clearly why the APPROACH is almost 50%+1 any legal case. So I ask again, since you are deep in the know that many of us (independent bystanders who supported neither side), are you confident of the EVIDENCE and APPROACH?

      • scotusExpert,

        About the evidence all I know is I talked to my buddy today. He is inside that house where they are compiling the whole case and pretty much at the heart of things. He was driving at the time I called him so we couldn’t talk much. He had told me the day before that they are keeping everything under tight lid to avoid alerting the enemy before the case is filed so I asked him a very straight question. ” Do we have the evidence?”. ” A lot of it” was his answer. He went on to tell me the evidence is overwhelming and gave me a few hints here and there. I have been told what happened this time is worse than what happened in 2007. Now that speaks volumes.

        I am very confident that when Kenyans see what CORD will present starting tomorrow they will see horror in its worst form. They will know Uhuru is nothing but an electoral thief and they will find out who exactly was behind this grand theft.

        Forget for a second what the SC will rule. This war first and foremost is before the Kenyan people. It is for their hearts and minds. CORD would be extremely foolish if they know they lost the election fair and square to go and embarrass themselves in the Supreme Court.

        For Raila who has spent most of his adult life fighting for the dignity of his country and a man who has achieved, for the nation, much more than all our present politicians combined it would be a tragedy to humiliate himself in court by coming up with a phony case with no evidence. Raila can walk out of the poltical stage and he will still be a hero in the continent and a respected world leader. I doubt he would risk all that just for the fan of it.

        So the first real battle is in the court of public opinion and it may be much more valuable than the Supreme Court decision. If Uhuru emerges as a thief it would matter little even if the court ruled in his favour he will be seen as an electoral thief and a fraud. Add that to the other problems he has. There is no doubt in my mind that CORD has massive evidence of rigging.

        Also remember that the threshold here is not that big. CORD essentially has to prove that the presidential election was riddled with irregularities, rigging, manupulation of numbers etc to an extent that it makes the announced electoral result meaningless.

        Also remember that Uhuru actually has .07% above 50% mark. CORD’s first battle is to subtract his numbers to bring his votes below 50% and on that alone a run-off is guaranteed even if the whole result is not nullified. You are talking about 86,800 votes assuming everything else remains the same.

      • Adongo,
        Let me correct you.
        What stands between uhuru and runoff is a mere 8100 votes and not 86800.
        Thats why he had started campaigning

      • Adongo, my biggest worry is what happens if the court rules against Uhuru and Ruto. There is too much at stake and these two might do anything, including shedding blood even if the rest of us want peace. We must be aware and vigilant about that possibility. Ultimately though I think this shotgun marriage will implode, just like you I don’t see it lasting 5 years. But true democrats must remain calm in this struggle. From you history I think we are the same age, so I remember the days when we were told that KANU would rule for 100 years but todaay where is KANU? Even thought I was young I still remember 1969 very well because in reality 1969 was actually all those years until 1978. Population figures show that Kenya is a very young nation so many Kenyans today do not see that this is a Hydra monster, you cut one head and another one grows on a different side. Kenyan democrats must not be despondent but they must be very realistic about the nature of the enemy, because this could be a long and ugly fight.

      • mzee,

        You are right about the numbers. Uhuru’s win is just slightly over 8,000 votes. In any event I see a run-off at the very least and we will win it. But let’s see what the SC does with the case filed today. After that it will be a different game plan. We are ready for this.

    • The DN story is just a confirmation of what we should expected, i.e that everything would be done to steal this elections because Uhuru and Ruto are not going to the Hague willingly. What is interesting is that in some ways it appears to have done quite crudely. I think that is where CORD will get its evidence.

      The court case is on so I can skip that. Kenyans should think beyond that because if they dont there will be blood and tears. There is a segment of Kenya who think it is a divine right to rule Kenya. In their eyes the passing cloud that did not pass for 24 years is an anomaly. The first thing in 2002 was to trash every understanding and resume the path from 1978.

      Kenya has never gone the African way of coups and things worse that the PEV of 2008. I think one day there will be a very big explosion in Kenya. We must avoid that but at the same time we must avoid the illusion of change as opposed to real change. NOT YET UHURU.

  11. Tnk,
    Uhuru is acting as if he has been sworn in.
    The disrespect for the ongoing due process is amazing.
    I have even seen him surmon his other projects such as muite, karua, Dida, Mudavadi etc.
    Its pathetic that people who understand law such as Karua and Muite are bowing down for the Muthamaki even as Cord is protesting his declaration as president.

    By the way, why is the country not celebrating? Why are people in mourning as if someone died?

  12. CORD seems to have a very strong case. The only thing remaining is to have judges who have balls of steel. This is a case that will cause ripples never seen before.

    As Adongo mentioned before the case might even lead to the reconstitution of IBEC. Again. Kenyan electoral process will not be the same after this. The IBEC honchos have been taking some petty ballots thieves to court with an intention of covering their own behinds. It’s going to hit the fan sooner rather than later and the likes of Isaak Hassan might find themselves doing time.

    CORD has to be prepared for the mother of all battles because they will not only be fighting the IBEC but also Jubilee, Kibaki and Moi combined. The signs are out there for all to see.

    However one might hate the process, it must be taken to its logical conclusion otherwise stealing of votes will be a way of life in Kenya. Which in turns means that the most sophisticated thief will always thwart the will of the people. An election will therefore be how much you can steal. Kenyans and specifically the courts cannot let such acts of fraud to stand.

    As Kenyans we have to face up to reality or continue pretending. There are people who have made pretense into a carrier. I don’t want to fall into that category.

    Most Kenyans love their country dearly but I’m afraid it’s no longer a country for all. It is purely a Kikuyu/Kalenjin country. In this house called Kenya, the two have occupied the whole house including the kitchen and left others to fend for themselves in the corridors. While the Kalenjins have to their credit been very modest in their celebration the Kikuyus have gone into an overdrive as if one of their own has not been lording over us for the past few years.

    Obviously, there are people from other parts of Kenya who see this as an opportunity and are ready to accept everything including daylight robbery for the sake of their stomachs. They don’t care about the law. Theirs is about looking for what they can get out of the “winner”. As long as they have a full stomach nothing else matters. Raphael Tuju comes to mind.

    We must fight tribal domination by all means necessary but at the same time be realistic of whether this war can be won or not. Should people come to a conclusion that it cannot be won via the fake democracy that exists in Kenya then it’s vital to find other ways which might include things we don’t want to contemplate? Its painful but its a choice that we will have to make as Kenyans sooner or later for what happening is not acceptable. A melting point is approaching very fast.

    There is no point of going into fake elections every five years that always ends up in unnecessary tears.

    Kama haiwezekani haiwezekani.

    • Only 10.7 million voted for MPs, senators, governors, and women representatives, but about 12.4 million turned out for the presidential vote. Why the huge disparity?

      Interesting that 1.7 million Kenyan’s were only interested in voting for the president.

      • Andrew

        this is why the IEBC did not want to hand in the documents requested

        It makes no sense for someone to queue for hours, is given at the same time 6 ballot papers and then he or she fills in only one and discards the rest

        its illogical and not done in real practice. those guys stuffing ballots in presidential contests have no way of stuffing a similar number in other candidates.

        IEBC was well aware of that disparity and have deliberately not published the results from the remaining 5 elective posts, but its only a matter of time and all this will be before the SC

        … can run, but can’t hide …

        right at the end of the polling, Hassan went on air, excited and declared with confidence that the turnout nationally was 72%. he didn’t pull that figure out of a hat. he must have been given this information within hours of closing the process.

        funny thing is that from then on, the transmission process “crashed” as the figures multiplied.

        i think the case before the SC will be very interesting and telling

        on a side note, as a harbinger of things to come, the fact that uhuru, ruto and the media are going on as if the election process is complete, not respecting the SC and the final step in the electoral process which is enshrined in the constitution, is perhaps an indicator of how affairs will be conducted.

        it instantly places the country in a precarious state because should the SC rule in favor of the petition, it will certainly catch a part of the nation off guard. its quite reckless

      • The IBEC has alot to explain. Never mind that they have tried covering up. I guess that they wont even have all the neccessary forms leave alone the fact that some were not signed by agents

      • Are you for real? as in 10.7m voted for Governors, MP’s, Senators, Women’s rep and the likes BUT yet 12.4m voted for Presidency? That is 15% of the voters only voted for the Presidency? It would be interesting to see which geographical spread they come from. I mean, if you find out that of the “extra 1.7m voters who “purpotedly only voted for the presidency came from only 3-former provinces” which happen to be the bedrock of the “declared winner”. Interesting. Now you have my attention. I wanna see the court case now.

      • 10.7 million turnout voters out of 14.3 registered voters equals 75%. Declared as the official turnout range at the end of the voting phase by IEBC.

        12.4 million turnout voters out of 14.3 registered voters equals 86%. Supposedly declared as the new turnout range 1week later by IEBC.

        IKO KITU BWANA.

      • Hehehe. so it was easier to stuff the RAIS column BUT they forgot to make equal stuffing for all the other down ballot cases? Or is it a case of the actual winners of the other smaller positions guarded their winning votes and hence it became impossible to stuff those ones too. I tell you, if this thing is as you say it is, i doubt even if UK/WR will be allowed to stand in case of a re-run of the election. IEBC code of conduct decries such malpractices which lead to automatic disqualification. hehehe

      • TNK said – It makes no sense for someone to queue for hours, is given at the same time 6 ballot papers and then he or she fills in only one and discards the rest …

        When I read this, I suddenly realized something didnt seem right. Thank you TNK.

    • mzee,

      The word about evidence is “OVERWHELMING”. That is what I was told today by people who are intimately involved in this whole operation and my mouth is zipped about that until tomorrow. These thieves have screwed the country for many years but this time they have been caught red handed. It is going to blow peoples’ minds and change the country forever. The party will be over. Let them run around shouting like meniacs for a few more days.

      I was stunned yesterday when the IEBC themselves admitted that some of the forms they relied on which they were going to hand over to CORD were not signed by agents. How the heck did that happen and how many are such forms. Those will be thrown out maramoja. Every form 36 had to be signed by the agents of all the candidates. Where did they get these unsigned forms from. Little wonder IEBC was so jittery when asked to provide the forms.

      The one thing we are going to see are many uncontested FACTS. Explaining them will be the nightmare for IEBC. We already know about the digitial fiasco and complete failure there. There is nothing to argue there by the IEBC. The issue is who was behind it and why. Now CORD has all the contracts for the system vendors and data exchanges. All these things have to add up or else.

      Then we have this madness of 10.6 million votes combined for all the other offices of M.Ps, senators, women rep etc and 12.4 million for the presidential vote. We know everybody was given all the ballots when they entered. What happened? Where did the extra 2 million votes come from. We will find out won’t we?

      These are just the info in the public domain which people not drunk with their muthamaki can see. Now wait for what is behind there being put together by the CORD army of legal experts. The show starts tomorrow. Let them dance lame tonight. The party could be over very fast.

      • Let them dance lame tonight – LOL.
        An old lady in Gatundu was captured by the tv cameras dancing herself silly and shouting “uthamaki niwacoka” – the kingdom has finally been restored.

        As for the case, hordes of jubilee internet army are now questioning the impartiality of Dr. Mutunga.

      • they called raila all sorts of names for not conceding and bowing down to the king. they were, and still are, all over the net fighting everyone who dares ask any questions or express doubts about the shambolic tallying process. mara wapi evidence, mara both sides rigged, mara CJ Mutunga will not be impartial….lakini wapi. the wheels of justice are moving and kenyans will soon know the truth.

        as if defending the stolen election wasn’t bad enough, the tribal army unashamedly took the fight to tswana folks for stating their position regarding botswana’s relationship with the indictees. well, tribal army, this is how the world views your king.

        http://www.zapiro.com/cartoon/1545397-130312tt

      • You have captured my curiosity. So I chose one place in Central Province (Githunguri constituency) where former MP Njoroge Baiya was reported to have won the seat with 35,000 votes and closest 2nd a Mr Nganga got 12,000.

        http://election2013.marsgroupkenya.org/articles/article/1615/big-names-win-top-seats-amid-bitter-party-rivalry/

        But wait a second – on the presidential level, the “winning candidiate” got over 71,000 votes in Githunguri constituency alone.

        http://www.jambonewspot.com/kenya-elections-coverage-2013/kenya-presidential-election-results-2013/

        Now before the digital-electronic transmission of voters went off the air, here is what was being projected within the 1st 24hrs

        http://www.howkenyavoted.com/index.php/home/live/Githunguri%20Constituency/mp

        http://www.facebook.com/chriskirubi?sk=wall&filter=12

      • Even more confusing. Githunguri results were amongst the quickest known (within 24hrs) as the losers conceded by Tue-Noon.

        So before the digital/electronic transmission went down, the tally for presidential in favor of Uhuru was 38,000 votes.

        http://www.howkenyavoted.com/index.php/home/live/Githunguri%20Constituency/president

        5-days later – the tally announced by IEBC showed it as 71,000 votes for Uhuru in Githunguri.

        GO FIGURE!!!

        I’m starting to believe that since all electronic and paper work leave marks, maybe, just maybe, the sheer evidence may be over whelming. After all we live in a youtube, facebook, cameraphone iphone, scanner cameras, world where copies are recorded and kept in seconds. hehehe

      • you hit the nail on the head.

        of course som poeple will give all kind of wild reasons why there would be such a disparity but truth is there are unscrupulous people hell bent on manipulating elections.

      • A cursory look at the evidence = OVERWHELMING. My suspicion is that the Rift Valley may not have overwhelmingly voted for Uhuru, that’s why the Kalenjin voices are not as rabid as the ones from central.

        At the moment the Uhuru Juggernaut looks invincible, but methinks his hubris will be his downfall.

      • they may be few, but there are a handful few strong and brave people that will always stand for what is right

      • Andrew N,

        About the “dancing to lameness” and the phony war to have the Chief Justice removed from the case, it is rubbish. Nobody knows how any of the five justices of the SC who will hear the case voted. Nobody should care about that just as much as nobody should care about their past political preferences. The case should be determined by evidence and nothing else. Period.

        If any of the justices have made direct comments about the case filed before them which are considered biased then that is an issue. But any lynch mob against the Chief Justice will backfire. If Jubilee ever makes a mistake of trying to remove the CJ from the case they will light up a national protest. They would be foolish to try that but as we know they have done worse things.

        Kenyans are patiently waiting for this case because more than anything else they trust their Chief Justice and their Supreme Court. You undermine that at your own risk.

        Dr. Mutunga cannot and will not chicken out of his job and any attempt to kick him out on phony excuses would tell Kenyans that rigging the election wasn’t good enough for these rascals. Now they have to rig the Supreme Court too. Forget it.

        Kenya has never needed its Chief Justice to get into action more than now. This case is why we have a Chief Justice and a Supreme Court. Let the nation go on with this without phony trick sideshows. Shall we? We all hope so. Is that too much to ask?

      • Adongo,

        On your comment that I read earlier that CORD only needs doubt on slightly over 8000 votes to send this thing to a runoff, my response is that option should not be on the table. This case is both political and legal in nature and currently in Kenya it is TNA controlling the narrative. If CORD is able to raise doubt on slightly over 8000 votes, it would be a legal victory but it would hand the jubilee dudes a massive propaganda victory.

        I have heard from other unverified sources that there is overwhelming incontrovertible evidence of systematic malpractice. That is the kind of stuff that is needed so that there remains no doubt whatsoever in the minds of Kenyans on what took place. I hope that the trial will be televised live so that Kenyans can see for themselves. I don’t trust the Kenyan media one bit.

      • siguda,

        Actually the .07% of the vote is 86.800 and I agree with you that it is not an option. What CORD’s case will show is that the whole process was so compromised as to be completely meaningless. That is the case being files tomorrow.

        The petition will of course change the political narrative in the country in very fundamental ways. This case in a way will take Kenyans back to 2007 and that is why CORD has to do a thorough job.

        If Kenyans can see that a bunch of thiefs are bent on robbing them every so often come lection time and they do so with reckless abandon, Mr. President elect will find himself covered in the kind of mud he has never imagined possible.

        Right now the forces of impunity are bent on selling Uhuru as the inevitable president. Remember the “Duly Elected” narrative? That is what is in full swing. Once the details start coming out we will be where Kenya was during the Confirmation Hearing – full alert and paying attention to every single detail. That is where the next battle begins.

      • well guys

        ** Breaking News **

        twitter is abuzz with news that IEBC officials have been busted at KU with ballot boxes trying to doctor results

        oh lawdy

        main stream media have given the news a blackout

        i understand lots of guys are headed that way

        = hehehehe – what a sham

        the students have locked the officials inside the room

        what more proof does the SC need

        Ballot boxes found at KU

        KU students

      • some spin doctor claimed that the ballots were those used as mock ballots but here is milli odhiambo at KU with proof these are not mock but the real deal

        folks this is really big

        hassan and his team better start packing

        milli at KU

      • finally after riots break out at KU, the main stream media have no option but to report it.

        what is amazing however is the spin on the story

        first there was a guy that claimed it was mock ballots, now hassan says it was a tally center and the ballots were being retrieved from the center

        well its hard to tell when truth is spoken and when not, but at a bare minimum considering that there are petitions all over, the least that a credible IEBC is expected to do is to secure and seal all materials as is to for avoidance of integrity

        having IEBC officials “perusing” open ballot boxes certainly does not inspire confidence in any one

      • tnk,
        very suspicious behavior by the IEBC officials. so what were they doing? stuffing the boxes or confirming whether the ballots match the numbers reported?

  13. people on twitter are very intersting

    here is a question

    if IEBC cannot transmit on out lines a simple text message with results of a single polling station

    how is an entire and reliable video conference for hours on end, whether its from hague to 47 counties or state house to hague supposed to take place?

    either the IEBC fiasco is stage managed to fail, or the ICC video conference will fail.

    whats you take?

    • The CJ has been in the cross-hairs for some time. The powers that be see him as a cog in their wheels (of impunity) so they will do whatever it takes to “take care” of him.

      I am amused by all these bogus questions about the CJ. Here in the US, the politicial affiliations of almost all, say, federal judges and supreme-court judges would be fairly well-known. It would not be considered a big deal unless they were extreme, and there is a vetting and grilling exercise that is intended to deal with that.

      The biggest danger here is that most Kenyans don’t see that the oligarchs will do anything to stay in power, and the “most” includes those who keep voting on a purely tribal basis but never see any change in their lives. On the present path, I foresee a big explosion that in 2007/2008, even if it does not happen right away. I hope we can avoid that but it seems to me that Kenyans are slowly waking up to the reality that there is a segment of Kenyans who see themselves on top for an indefinite period.

      If the explosion does not happen soon, it will happen when the Kalenjins realize that their land problems will never be solved by the current oligarchs and the tinder will be lit when Ruto is left on his own to deal with the ICC lion. One good thing about the current schedule is that it will bring things to a boil much quicker than many Kenyans think.

    • tnk,

      Let them spin and spin. Very soon they are going to have their heads spinning. What the heck are ballot papers doing in KU more than a week after the elections. How did KU become a tallying centre and what on earth do you need unmarked papers in a so called tallying centre.

      Like we said people are going to get furious when the details of the rigging start rolling in..

  14. I still recall the protracted controversy over the BVR kits. So during the registration process, a colleague that deals with IT hardware mused at the simplicity of the kits (a laptop, fingerprint reader, battery kit and software) and wondered why they caused so much controversy. According to him the unit cost for a kit should not have been more than 70K. Multiply 70K by the number of units required, the total cost would have been far less than the more than 7 billion used. The conclusion was that somebody definitely minted millions from the deal, but at least we were going to have some semblance of a free and fair election with the elimination of multiple registration, dead voters and abnormal voter turnouts – controversies in the last 2007 election.

    So when majority of BVR systems failed during elections, it was either a case of gross incompetence on the part of the IEBC or some sinister plot was clearly afoot.

    I initially dismissed Cord’s concerns about doctoring of results until I came across the following.
    1. The IEBC system of election transmission had been tested by a small sample of party representatives and failed. http://www.the-star.co.ke/news/article-108148/iebc-must-fix-results-transmission-system-fast
    2. The 300 000 rejected votes which were later explained as a ‘computer error’.
    3. An administration police “accidentally” shot a presiding officer in Kangema, Muranga county https://www.standardmedia.co.ke/?articleID=2000078711&story_title=Kenya-Officer-shoots-dead-poll-official
    4. A returning officer arrested by police when caught by the public doctoring results in a cyber café. http://westfm.co.ke/index-page-news-bid-8135.htm?fb_comment_id=fbc_493046267424564_4549719_493046364091221#f35a3f9c615e5e2. This shows that it was possible for RO’s to change results, I can imagine that some were clever enough to do it in a “secure environment”.

    • The moment I saw the open fraud played in slow motion backed by Mwai Kibaki I asked myself if I was really part of the country called Kenya.

      Immediately I felt that I understood why people fight in Somalia and why there is a war in Syria.

      I understand why the Yugoslavia split.

      I felt how the MRC at the Coast feels.

      I felt why the people of Quebec in Canada have gone to referendum with an intention to secede from Canada.

      I now know why the Catalonia in Spain want to do the same.

      I now understand why the Kurds fought and keep fighting.

      I wondered if it would not be better to curve own country out of Kenya instead of this endless struggle that always ends up in fraud.

      Many hundred years ago each African tribe had its own country.

      Would it hurt if this happened again for those interested?

      Must we force this forced marriage?

      These are question worth asking.

      As much as we think that we have a new constitution, it serves no purpose if it trashed over and over again.

      Perhaps this would be a better way to go. I need peace in my life time not after I’m dead and buried.

      Tribal domination is killing our country.

      As Kwame Toure aka Stokely Carmichael used to say, its impossible to win an argument with a person with conscience.

      Call me an alarmist but there are many who have started feeling the way I feel.

      My heart is filled with pain. I hurt because of the fraud that occurred in Kenya this week.

      • Mzee, you’re NOT the only one who feels this way. I can no longer call myself “Kenyan”. It feels all fake. There’s no nation called Kenya, just a forced marriage, as you put it. There’s a state and a country called Kenya, but no nation. I’m from one of th minor tribes, and I can no longer say with my lips that I’m Kenyan. I don’t know my country, my nation yet, but Kenya is not it.

        The nations in Kenya are the Gema nation, Kalenjin nation, Luo nation etc etc, with a pseudo-colonialism of one nation over all the others. It’s does not feel like democracy, even if they win fair and square, it feels like colonialsim. Their wishes will always be imposed upon the others. Always. ven if 90% of the smaller tribes choose something, it means nothing.

        I wish my part of the country had been curved into Tanzania. I would be happy to be Tanzanian. But if the smaller groups from Coast, lower Eastern, Maasai, Western, Nyanza want to form their own union, why not? We are just ranting because of deep pain, but I was a strong patriot. Whn I believed in a nation. It was called Kenya. As soon as I discovered it’s a fake, that it doesn’t really exist, then so did my idenification with it, my pride in it, and my love for it.

      • wayfarer10,
        I have never felt this way before. But I have started to strongly think that that respect, peace and comfort will only come through a complete separation.

        I will repeat what As Kwame Toure aka Stokely Carmichael used to say namely that its impossible to win an argument with a person with NO conscience. NONE whatsoever.

        No need for tears every five years.

        Call me what you want BUT I cant hide the way I and many others have started feeling.

        No need for forced love

        Call me a propagandist, separatist or whatever BUT I STAND BY WHAT I HAVE SAID. At the moment my anger knows no bounds.

    • Andrew N,

      Something was clearly afoot in these elections and I will attempt to cover them one by one. When CORD raised alarm that the plans to rig the elections were afoot, they knew what they were saying, there are several factors that give credence to their story.

      1) Kilifi recorded the highest turnout at the coast. The coast was solidly CORD with more than 80% expected to vote in RAO. On the elections eve, the “MRC” goons appear from nowhere and murder several policemen in a voter intimidation ploy. Now, the MRC was strong in Kwale, not Kilifi. Due to the actions of the MRC Kwale had a voter registration of slightly over 20%. With that in mind, one would expect Kwale rather than Kilifi to be on the receiving end of the voter intimidation. Even if it is Kilifi, one would expect the constituency bordering Kwale’s Matuga constituency such as Rabai, Kaloleni or Kilifi south to be the worst hit. I am singling out Matuga rather than Kinango because the Duruma people in Kinango don’t harbour the same secessionist thoughts of the Digo. The constituency that was targeted was Kilifi north which is far away from the MRC and which incidentally has the largest number of registered voters in Kilifi county. That attack was not spontaneous, it has all the hallmarks of a planned attack and one cannot convince me that the intelligence had no clue on what was happening. I have many sources in Kilifi and from what they were saying, there are polling stations that were not opened at all. We had verified reports on uchaguzi of IEBC officials being kidnapped https://uchaguzi.co.ke/reports/view/1098 and all manner of reports from Kilifi that pointed to a systematic plot to disenfranchise voters. After all, at the end of the day, only a few thousand put Uhuru over the 50%+1 mark.

      2) I had a friend who was an election official in Dagoretti south. The kind of nonsense that he witnessed has left him in a depression. The fingerprint scanners were deliberately not configured right to the election morning and therefore on the material day the scanners had compatibility issues. The voter register was retrospectively doctored to add some new voters into the register. So, the scanners were meant to fail from the word go so that some illegitimate voters can get in through the cracks. If the fingerprint scanners were working, ones fingerprints would have been automatically compared to those in the fingerprint database. There came a time that certain people saw that he wasn’t going to play along therefore they tried to frame him by offering him a bribe, he refused, he noticed a few minutes later that he was being followed by a camera man who was supposed to record the goings on.

      3) It seems like the electronic transmission software was designed to fail. It had several major “bugs”. Of concern was the alleged bug that was supposedly multiplying the number of spoilt ballots by 8. As a programmer, the basic functionality is something that is normally put to the test on several occasions. When writing the code, when testing the system in house and when doing a limited trial. One cannot tell me that the functionality on the spoilt votes was entirely untested and such an obvious bug was not picked up earlier. On a second note, if indeed it was a real bug then we expect the number of spoilt votes to be divisible by 8 at all times, which was not the case. There is something more sinister that took place and it is still being kept under wraps.

      4) I had a friend in the tallying centre who said that all was not well in the tallying and that Isaack Hassan was lying through his teeth. The said person had to resign on principle. On that one I am not going to disclose the identity.

      There are more things that I can add, but for the moment, let me stop at that.

    • Siguda,
      From the little adduced evidence i see, Cord seems to have a solid case and a fair justice system should order a re-election.

      My fear is that Uhuru’s tentacles seem to have infiltrated almost all institutions and i would not be surprised if the judiciary has been compromised.

      I for one will not be watching any news or reading newspapers. Am I the only one who notices that the media has already been turned into Uhuru court jesters?

      We will soon be bombarded with colorful analysis of the “unbeatable jubilee strategy”, “Ruto’s power of mobilization”, “Uhuru’s peerless charisma”, “tyranny of numbers (pure tribalism)”, “the chosen one”, “fulfillment of the mugumo prophecy”, “the greatest election victory”, “how to turn adversity (ICC) to victory “, “digital vs analogue”, “young vs old”, “Raila has lost it”, “Raila’s greed for power”, “Raila will never accept defeat”, “Raila a sore looser”, “Raila supporters get over it, Kenyans are tired of politics and want to move on with their lives” etc, etc, etc …

      • andrew, you got this right in all areas

        right from the get go we had warned the IEBC that conducting elections and by-elections for MPs, referendum etc was never a major issue and apart from basic hiccups, the exercise could be termed successful in general.

        the real problem for elections is that of president where there are way too many vested interests, and people with deep networks and connections as well as irrational loyalties.

        as expected there was a systematic attack on the election process and you and others have listed the chronology of events and its evident even to the layman that none of the series of events are mere coincidence, but are the act of incisive detailed planning by a group of very well connected persons

        a) there was lots of resistance to the BVR kits (because they represented an unknown)

        b) after the procurement (through the govt instead of as an independent institution) there was lots of confusion – i believe some of the kits went missing, but largely even wamalwa min of justice had no clue on the delivery schedule

        c) at some point and after all the installations, training of clerks etc, IEBC offices were broken into and computers stolen, i don’t recall whether this was after voter registration or not

        d) all that coupled with the glitches witnessed and experienced in the registration process with some BVR kits malfunctioning. and the results transmission process

        and then comes the systematic tear-down of the election process

        e) the first objective was to take down the electronic process which despite being compromised, still presented a challenge since it would leave some kind of audit trail

        f) so with that came the series of so called “IT glitches” some plain ridiculous, some outright lies, others a little more believable viz. laptops dead and out of battery power despite having 3 backup batteries, users forgetting passwords as if only one person in the world knew the password with no option of password resets, lack of connectivity of the BVR kits and / or manual keying in to the back end EVID (this was the most critical because it was the only process that would electronically determine via an alternative route the actual voter turnout per center)

        having thus taken out the major challenge to electoral thieves and their fraud, they then reverted back to their comfort zone of applying the time tested fraudulent methods which can be broken into two sets

        g) suppression of votes in areas where rival is expected to perform well – such as invalidate some ballots (initial high count of rejected votes), missing or hidden ballot boxes, etc, all this in addition to the intimidation of voters especially in certain select areas.

        h) inflation of votes for candidate – stuffing of ballots, double voting, and general falsifying of voter tally

        the effect of (g) and (h) because it is clinically engineered to as closely match reality as possible (i.e follows the earlier play of doctored opinion polls and supposed tyranny of numbers), is hard to detect without comprehensive forensic audit and thus feeds into the euphoria to give supporters and in some cases the candidates themselves (if they were not party to it) a feeling of having genuinely won the election

        there are a handful of media images floating around cyberspace that have captured (h) being executed, with one incredulous story of an RO fixing results in a cybercafe. meaning that there is sufficient evidence to present to the SC that indeed voter tampering took place, which impact the final tally. the trick here will be to be able to present evidence from select stations where this took place, and the count was included in the tally and that that count is in excess of the the margin of victory for and +1

        knowing how our courts works and as you point out, some in that panel may already be beholden to uhuruto, some may be intimidated, some may be corruptible. who knows. i still have very little confidence in the judiciary and with the turn of events, it looks like we are going back to status quo.

        nevertheless i do hope that CORD will petition and get opportunity to highlight where things went wrong. irrespective of judicial outcome, these findings need to be out there in the open, and not hidden like the useless kriegler commission that told us nothing.

        true democracy is a process and not just a single event, therefore am still glad to see team CORD going through the motions of establishing democracy against all odds where status quo perpetuated by the oligarchy and amazingly by and large supported by peasant and ordinary folk to their own determent continue to benefit from the democratic space and yet erode any gains that could have been achieved.

        somewhere in there, right about now, i hope nancy barasa is kicking herself, because she not only let the reform process down, but would have played a major role in this historic process where for the first time, the election of a president is being challenged (and hopefully will be heard) before the chips fall which way.

        ====

        on the flip side of this coin

        the team that was most hungry to win this election used all means necessary to win the prize it does not matter what methods that were used

        what matters is that the losing team CORD simply did not pay attention to all the warnings and cautions that many of us repeatedly brought up.

        many of these issues around (g) and (h) could have been stopped in their tracks but team CORD did not do enough to prevent or discourage the practice.

        in the kenyan system only prevention can help, any initiative after the tallying has an extremely poor chance of success due to the heavy networks of those that manipulated the election.

        the only hope is for a revolution by the people against electoral fraud, but is there really hope for that?

        hehehe did i hear someone say …. wanjiku …? hehehehe

  15. I set up a separate thread to link this sham election to corruption…tracing it all the way to the BVR scam and why there was active and direct interest of both State House and Office of the President (OP) in the last couple of IEBC procurement decisions.

    When billions of public and donor funds are spent to procure corruption-riddled electronic systems –all aimed at hoodwinking the world that the 2013 election is foolproof — yet it turns out that IEBC resorts to the same manual transmission and tallying system plagued by rigging…then we have a huge problems. Three birds were being killed with one stone – purchasing expensive electronic systems to give the election ‘credibility'; benefiting from corrupt procurement deals; and stalling or ignoring the expensive systems to give room for the good ‘ol manual system amenable to easy rigging…This is why we have ended up with the exact sham and rigging pattern of 2007 (only played out in slow-motion – to diffuse tension)…

    • @Job

      You nailed it. The slow pace of releasing the results was to diffuse tention, portray a make belive transparency and dupe the world into believing this was a fair election. Oh my, Kivuitu should be turning in his grave. No wonder he checked out.

    • Tnk, Moesha et al

      It’s good to be back briefly. I’ve had an awfully crazy schedule for the last couple of months…rarely even glancing at local news… or responding to non-emergency e-mails or penning socio-political manenos about our deceitfully-driven Kenyan experiment at nation-building.

      From a rare glance – your post (on the rot in IEBC) in a different but old thread caught my attention. This particular thread goes hand-in-hand with the other one you revived.

      The shenanigans of IEBC that were hitherto murky have now come to full light. Isaak Hassan is not even able to publicly put in plain words under oath, the treacherous deceit he funneled in the name of a presidential election.

      The IEBC is unable, 4 months after elections, to muster guts to face the nation and explain the humongous disparity between total presidential votes “cast” and national totals for other seats combined. The arithmetic simply doesn’t add up – and Isaak Hassan is stranded with the smoking gun that assassinated the collective democratic will and constitutional rights’ of Kenyans to choose a government on their own free will. Like Kivuitu, his disgraceful role in Kenya’s democratic history has been forever written…time will bear this out.

      I submit that Kenyan Lords of Impunity have finally figured out how to successfully hang onto power without violence – playing to the gallery of a largely gullible crowd who actually believe that incumbent governments besieged by huge credibility crises can actually shepherd credible, free, fair, and tamper-proof elections which could likely to drive them out of power.

      There simply won’t in the foreseeable future be any credible elections in Kenya to be organized by sullied incumbent governments; the proof is in the pudding – from Kibaki’s ’07 and Uhurutos ’13 illegitimate presidential birthings.

      History proved that even violent turmoil negotiated into a peaceful transition (2008) CANNOT guarantee a credible election – precisely because the umbilical of impunity was still connected to the incumbency.

      Cutting off this umbilical cord that heavily relies on electoral mischief (chaperoned by IEBC) is Kenya’s future challenge. It starts with holding of the current IEBC officials (from top to the bottom – Isaak Hassan, Secretariat, other IEBC Commissioners, Regional Commissioners, Returning Officers, to Precinct Clerks) fully accountable for their actions…corrupt procurement, skewed registration, shady recruitment, electronic transmission sabotage (by omission and commission), maliciously negligent handling of voter register(s), ballot stuffing, dubious tallying…!

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