Hon Ababu Namwamba – Stolen Ballot Papers Found in Kenyatta University

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14 comments on “Hon Ababu Namwamba – Stolen Ballot Papers Found in Kenyatta University

    • thanks ScotusExpert for making this available so fast

      am not sure this is the same as from ahmednasir

      am told he has a “slam dunk” response as well

    • I have looked at Hassan’s response posted above and it almost amounts to contempt of the Supreme Court. It is like saying he has no case to answer.

      A few curious things.

      1. Hassan wants the court to seperate the Bill of Rights from Elections. That means you can conduct an election which completely violates the Bill of Rights of Kenyans but that has nothing to do with electoral results and are not the jurisdiction of the Supreme Court. Oraro should bring that up and ask the Supreme Court to make a ruling on that.

      The Bill of Rights is the grounding basis of all laws in the land. Elections would be meaningless and in fact harmful if electoral bodies would be allowed to abuse and violate those rights as long as they carry out elections and purpot to announce what they claim are accurate results. In my view any electoral process that violates the Bill of rights of Kenyans is ipso facto invalid. That is why Uhuru and Ruto were allowed to run even though they have been indicted for crimes against humanity at the ICC. So this is a dangerous line of defense from Hassan. To deny them the right to run would make such elections outright invalid.

      2. Hassan also argued about proportionality and the public good and pleads with the court to uphold the election results in the interest of public good. To cut through the chase Hassan is saying “Ok may be I screwed up but please judge my screw ups in proportion to the effect your ruling would have which would be to nullify the results and send the country back to the polls”. To me that is more of mitigating a case rather than a legal defense. Hassan can plead the issue of public good on why he resorted to the manual system but that is not how he framed his argument. Even there, the issue is did he use the munual system for public good or harm. That can only be judged on the bais of the credibility of the results.

      3. The funny one is where Hassan accuses Raila as being one of those who helped to buy the BVR and the IT kits in his capacity as one who sits in the cabinet as a PM and should therefore take the responsbility for the IEBC’s failures in that area. This is outright dumb. I don’t like to say this in legal matters where you must always come with humility but I find this argument just too ridiculous. It is like you buy your grown up daughter or son a car then they go get drunk and drive the car into a crowd of kids killing a few. Can your son or daughter go to court facing charges and say it is all my parent’s fault because they are the ones who bought me the car. Come’ on. It is your job to know how to use the damn thing and if you don’t please don’t drive and certainly not when you are drunk.

      Hassan was given the equipments and all the money he needed to run the election as required by law after the 2007 fiasco. It was his duty to work “INDEPENDENTLY” and train the staff, test the equipments and ensure that the system would work in a competent and secure environment. Did he excpect Raila to hold his hand in the process. This a stupid argument which CORD team should knock out of the park and use to pin Hassan down on his willy nilly wrecking of the electronic system with reckless incompetence and I don’t care attitude which could very well have been because he was compromised politically.

      Hassan on this matter argues about procurement etc and says that is not the jurisdiction of the Supreme Court. Nonsense. The CORD petition is not asking the court to address issues of procurement, subcontracts etc. Nope. The court is being asked to determine if any such activities were by design and/or neglect were meant to frustrate and/or sabotage the success of the process or if in fact even without such intention(s) they in fact did frustrate and/or sabotage the process. That is within the jurisdiction of the court in determining the validity of the election results and the actions and/or inactions of the IEBC that facilitated such failure(s).

      4. Hassan has also argued that CORD has not shown the actual numbers of the invaliditiy of the vote. That is a legitimate issue. But I actually expected Hassan to come blazing with his own numbers on all the constituencies and polling stations that CORD cited in their petition. They didn’t. CORD wil have to present the real numbers they were talking about. They have cited the constituencies and actually declared they were just examples. That gave them the opportunity to demand that the numbers on those constituencies and any other areas be opened before the court.

      5. It is interesting that Hassan did not come outright and deny that there are forms used in tallying election results which are not signed as required by law. We do not expect CORD to publish the unsigned forms in the media but if they have them as we all asume Hassan will have to deal with that.

      6. On the voter registration Hassan argued that the petitioner, Raila, did not complain during the time of registraion. That is an irrelevant issue.

      7. Hassan also says it is not the business of the court to help the petitioner collect evidence to prove the pettioner’s case. He is dead wrong. This is not a murder trial where the prosecutor comes with all the evidence. This is an election dispute and courts are free even to order a recount to verify claims by the petitioner if that is the only avenue to get to the truth. The Court is free to look at the audits of the IT system and if they are not available and the court thinks they are important they can order them since they are the same as a vote recount of manual votes.

      8. Then very strangely Hassan talks about Raila rejecting 1997 election results, 2007 election results and now and wants to use this to show that Raila just likes to reject election results. That is bar room gossip among drunk patrons out for a brawl. In fact it is precisely because of the electoral fiasco of 2007 that the IEBC was given the resources and the capacity to go digital to prevent any such other fraud. Why would Hassan even venture into such political diatribe? It beats all logic but it tells many of us that Hassan is treating this court case with the same recklessness he treated concerns about the IT system end election readiness of the IEBC. That kind of nonsense may work when you have political godfathers but may be not in the Supreme Court. Putting this in an official document filed in the Supreme Court exposes Hassan’s political agenda and makes him fair game for political beat up.

      That are just a few things I picked after reading the 2.5 page Hassan rejoinder in less than the five minutes it took me to read it. I am sure trained lawyers combing through the same will have a better grasp than a jua kali vinyangarika like adongo ogony. We will see.

      • Adongo,

        Add all that to the fact that Hassan accuses Raila of being a perpetual whiner every time Raila loses an election (not conceding defeat). How is this material to the case?

        Raila if free to whine as many times as he pleases as long as he believes he did not lose fairly and wants justice to be served!

        So whether Raila whined in 1997, 2007 or 2013 is neither here nor there as long as he can prove his case!!

      • einstein,

        Yes, I added that outrageous political diatribe from Hassan to my assessment of his rejoinder petition which I found awful. That statement exposed everything Kenyans need to know about Isaack Hassan. He is a political hatchet man and it is nice in a way he is being transparent about that probably without knowing.

        Hassan’s worst nightmare before the SC is to explain why the entire BVR and electronic voter system collapsed in such a catastrophic way on the voting day and later right in the middle of vote tallying. These were actually constitutional requirements.

        Hassan of all people should know that the 2007 electoral mess that led to tragedies in Kenya have been universally condemned and Kenyans were so eager to get away from that nightmare. We had the Kriegler Commission which found the 2007 presidential election a complete sham and concluded that is was impossible to determine who won the presidential elections in 2007. The commission then recommended the electronic voting system that would transmit electoral results directly from the polling stations to the national tallying centre to avoid manipulation of the results which was rampant in 2007 elections.

        Hassan then presides over a complete flop of the new process and resorts to the discredited 2007 system. His excuse was supposed to be that the new system failed due to unavoidable mistakes and he tried his best to achieve the same goals using the tools at his disposal, namely manual systems. Now Hassan tells the SC that he has no problem with what happened in 2007 and it is only the petitioner, Raila, who had problems with it. Does that explain why he made sure the IEBC resorted to the same system again? Talk about shooting yourself in both feet.

        Hassan is actually telling Kenyans there was nothing wrong with the 2007 voter system and results. That is pure incitement and abuse of public patience with the IEBC and it offers no legal defense to Hassan. Who the heck is this guy’s lawyer?

        In all I find Hassan’s response quite baffling in its casual recklessness. Hassan is the principal Returning Officer in the presidential elections. He is also the Chairman and primarily the CEO of the IEBC. If he is going to treat this petition with such contempt and utter carelessness, he should not assume his godfathers are going to rush to his aid. This is a court process before the Supreme Court of the Republic of Kenya. Treat it with contempt at your own peril.

      • Hassan can be a careless and casual as he wants to be. But when it hits the fan he might find himself doing time at a prison near you.

        What he is doing is putting up a brave face to an obviously flawed process the he presided over. Perhaps he has been reassured by the Jubilee crew that he is safe and should not worry.

        My reading is that he is being set up and could end up being left on the hook. Remember that the Jubilee fellows will be looking for a scapegoat incase this thing goes against them.

        The one thing that many have not considered is that the Jubilee top crew might even be charged with criminal offences if they are found to have participated in the rigging of elections.

        How sweet would it be for them to heap all blame on Hassan and let him carry the burden all the way to Kamiti?

        I think that this is what will happen. Hassan does not get it, yet. But he will.

      • The IEBC response as many of you have observed, comes out as overly dismissive; they fail to answer several pertinent issues raised by the litigant.

        1. Did the failure of the BVR system compromise the election process? At least tell us how the failure in no way compromised the system or worked to the advantage of one candidate.

        2. Cord alleges the manipulation of forms (I expect them to have solid evidence), I expected the IEBC to disapprove this claim with accompanying documents (real or forged).

        3. The claim by Cord that IEBC were sharing a server with one of the respondents, I expected IEBC to issue an outright denial.

        4. Variations between presidential totals and parliamentary totals; ballot reconciliation requires that the IEBC accounts for all ballots. I expected the IEBC to account for the 1.7 million spoilt ballots.

        That said, I believe (to quote the former Lugari MP Cyrus Jirongo), Wakenya TULIPANGWA!

        The inordinate calls for peace prior to elections were a ‘set up’; to quote one Clay Muganda
        “… We numbed ourselves with messages of peace, slept on the job, censored ourselves or preached peace at the expense of justice …”

        A popular spin was that peace was dependant on the acceptance of the election outcome; the cause of the 2007/08 PEV was reduced to the refusal to accept the electoral outcome.

        Going by the IEBC’s casual response, methinks they and Uhuru group really believe in their own lies; and it is this hubris that will eventually bring about their downfall.

  1. Can someone answer this please. 14-days after the elections.

    #1-What is the NET-TOTAL number of voters said to have voted for PRESIDENT?

    #2-What is the NET-TOTAL number of voters said to have voted for SENATOR?

    #3-What is the NET-TOTAL number of voters said to have voted for GOVERNOR?

    #4-What is the NET-TOTAL number of voters said to have voted for WOMEN’s REP?

    #5-What is the NET-TOTAL number of voters said to have voted for MP-BUNGE?

    #6-What is the NET-TOTAL number of voters said to have voted for Local-WARDS?

    • The IEBC has not published this information anywhere. But there is certainly a discrepancy at the county level based on the information that was published on the Newspapers for the gubernatorial/Senatorial candidates in comparison to the results published by IEBC for the Presidential race. You can make some rough comparisons from these. Based on the official results http://elections.nation.co.ke/news/-/1631868/1712792/-/item/1/-/r70rc4/-/index.html

      • newkenyan.

        A coupe of things. If you notice CORD has today applied for a forensic audit of the IEBC IT system. I am not so sure that will get done since the SC has a 14 days to work with. But I think we all know where that is headed.

        Already we know the IEBC has no defense on making a mockery of the BVR and their entire IT preparedness for the elections. It is also now emerging that this happened inspite of all sorts of warning and advise from their own staff, Safaricom etc. We all know that the BVR and electronic data transfer was the first line of defense against electoral fraud.

        If it looks rather obvious that the collapse of the electronic system was by design and mischief rather than human error it will be a good start for CORD. To cover all their grounds CORD has included the possibility that this could have been reckless negligence and/or sheer incompetence but that doesn’t exempt IEBC from liabilities arising from that failure.

        What is even more bizzare is that IEBC clerks are now saying many of them handled the BVR machines for the first time during the voting day. Of course we know some could not even remember their passwords. But what is emerging is a system designed to fail.

        If you send a barely trained pilot to fly a jet liner accross the ocean and he or she doesn’t even know what to do with the plane it should not surprise anybody if the plane ends in the bottom of the atlantic ocean with all its passengers. That would be considered criminal negligence on your part as the owner of the airline. That is what the IEBC did. They were entrusted with something that 40 million Kenyans depended on to have a free and fair election and they never bothered to be prepared for the job and didn’t know what they were doing. What result could they possiblely have expected. All these after they had been given all the money they wanted to do their job.

        If CORD can get off the gates solidly with the IT fiasco in their favour they have a good start. I also suspect CORD would like to prove that there were underhand deals going on with the IT mess. That could kill IEBC but that is where you need very highly skilled IT experts to detect any monkey business that was going on. I think that is why they have asked for a forensic audit.

        In any event from the IT mess the battle has to be settled with the data that was in the source documents namely forms 34 even much more than form 36. IEBC will say yes we failed, we aplogise to Kenyans but we used the only other available option and it gave accurate results. CORD has to prove it did not give accurate results and they start with the advantage that the manual system was supposed to be discarded precisely because it is easily manipulated. That is where CORD has to prove that indeed that manipulation took place.

        From my talks even a few minutes ago they say they have many unsigned forms (34) and unsigned 36. They have more than enough numbers to knock Uhuru out and way far out of the round one win and to show the whole thing was a sham.

        Remember 36 is not as important as 34. 36 is from the constituency and 34 from the polling station. If 36 is wrong but 34 is correct and signed you can use 34 because it is the primary source document and they have one for all the 33,000 polling stations. If 36 becomes problematic in some constituencies the repondents will ask that they be discarded in those constituencies and the 34 be used since 36 is sum total of 34. If 34 is not proper it is just thrown out. If you throw out 36 it may mean 30,000 votes in some constituencies so expect a real battle not to throw out 36 and only deal with 34 which will affect a few thousand votes at a time.

        This is going to be a duel of biblical proportions. Many internet quacks want to win the case on the run. Macharia Gaitho had a story yesterday about the war on the internet about the case with folks demanding one result or the other including the silly attempt to start some war against the Chief Justice. That is going to continue and unfortunatlely Gaitho’s own Daily Nation is a good place where internet hecklers are very busy. May be the DN hasn’t seen that yet.

        The big deal still remains a situation where the electoral mess is so systemic that it renders the results meaningless. If things start going bad for IEBC that is what they will fight to avoid and let CORD get a run off instead. If things start going bad for CORD they will put more effort in winning a run off which they know has a lower threshold given Uhuru only has 8,000 votes to work with. We will see this shape up within a few days of the hearing.

  2. Hmm. Interesting. Good start. No anger, no incitement. Just state the SIMPLE plain facts and evidence if you will please. Also – keep it as aligned to the electoral code(s) as possible.What should have happened versus what took place. I thought a lot about the extra “1.8m votes” and in my mind such a large number is too hard to hide and state away. Clearly the Supreme Court will get to the same conclusion. How did these extra votes get into the system? In what regions? As they say, the river/lake.ocean may seem silent on the surface. But deep down its raging like hell.

  3. HOW JUBILEE RIGGED ELECTIONS

    Panic has gripped the Jubilee Coalition headed by Uhuru Kenyatta as details unravel on how the 2013 Presidential Elections were manipulated to hand him a win by the Independent Electoral and Boundaries Commission – IEBC, that is now the subject of a Supreme Court petition.

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

    Analysts scrutinizing documents ahead of the Supreme Court petition by the Coalition for Reforms and Democracy challenging the results, were stuck by how technology was also used to aid Uhuru “defeat” Raila Odinga of CORD.

    “Kenyans can remember well that some curious things happened with regard to the so called provisional results that IEBC kept churning out”, says one of the lawyers handling the CORD petition.

    “It was a statistical impossibility. Between March 4th – March 7th, Raila Odinga was consistently stuck at 43/44% while Uhuru stayed at 53%. Musalia was stuck at 2.8% while the margin between Uhuru and Raila remained at 600,000-700,000 votes. This was impossible considering that results were coming in randomly from all over Kenya. Yet these figures remained consistent”.

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

    IEBC’s James Oswago reportedly called media houses late in the night for a surprise final announcement of constituency results Friday 12.30am without indicating who had won. Throughout the week IEBC had warned media from declaring anyone the winner. However 30 minutes later KTN and NTV got a “nod” to call the elections. From there on events moved quickly. At 1.30am KTN flew a banner indicating Uhuru Kenyatta was the winner. Several stations in surprise followed suit. Kenyans would wake up on Saturday morning to all TVs proclaiming “President Uhuru”, almost 12 hrs before Isaack Hassan finally announced Uhuru’s win on Saturday afternoon.

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

    According to CORD insiders and several statistics analysts who have examined the IEBC voter register when it closed on Dec 18th, over 1,500,000 extra votes were “unexplained votes” votes that were for the presidential result alone. Since according to the IEBC, every voter was given 6 ballot papers, IEBC will be hard pressed on how this happened.

    If these allegations are proven then, Uhuru’s tally will render his 6,173,433 vote announced by the IEBC to 4,673, 433. Which could mean that Raila Odinga could have won the election if what CORD claims is true.

    The well calculated scheme was based on 3 critical things that had to be done to force in Uhuru. The most important was to force a first round win for Jubilee.

    “It was obviously clear to us that any run-off would result in an anti-Kikuyu vote in which only Kalenjins and Kikuyu’s would vote for Uhuru while Raila takes off with the rest of the country’, says Central Kenya Senator Elect over drinks at a popular Nairobi spot on the day the IEBC announced Uhuru as President. “Winning Round One was never an option. It had to happen”

    Getting the numbers was an issue that had worried TNA strategists one year before striking an alliance with William Ruto’s URP as the Jubilee Coalition. Even if Ruto’s Kalenjin backyard was convinced to vote for Uhuru, the numbers Kalenjins brought in were still not enough. Though the “Tyranny of Numbers” propaganda was sold as a winning formula, insiders knew the truth held a different reality. The 50% was simply not there. The best Jubilee could manage was force a run-off their researchers said they would lose.

    The tyranny of the numbers was the psychological component of the whole game; and the so was “PEACE” campaign enterprise, says a member of the civil society

    “It is Funny that the tyranny of numbers theory perpetuated by Political Analyst Mutahi Ngunyi done in February 2013 mentions the same figures Uhuru got in the final tally” says popular blogger Robert Alai.

    Several contingency plans were made to ensure the plan succeeds. One was to ensure that the Kikuyu and Kalenjin voter turn-out was to hit 95% while hoping that CORD base’s turn-out would remain at the traditional 65% to 70%.

    Like many assumptions made by the Jubilee strategy team, their plan on turn-out was based on assumptions that CORD’s base would barely attain their traditional turnout.

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

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

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

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

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

    Similar to the Ghanaian case, the company that supplied Kenya’s IEBC with the electronic data and call centre services is Ken Call. The company whose connection to IEBC were never made public was charged with supplying call centre services and hosting the data base from where the polling station results were remitted to the IEBC. Ken Call also has a contract with Uhuru Kenyatta’s The National Alliance party to supply tallying services of results from polling stations!

    “Results from Returning officers at polling stations being transmitted electronically were first relayed to Ken Call’s servers for onward transmission to Bomas”, an IEBC official told Weekly Citizen.

    “Imagine the same server was being used to tally results for TNA! This is where the electronic tampering of results took place as it was easy to access the same server which was serving both the IEBC and TNA and managed by the same company. When questions started being raised about the contradiction between figures announced at polling stations and the ones on IEBC screens at Bomas, the system mysteriously crashed!”

    The official says it is unclear when the company was hired by the IEBC and why the commission ignored the conflict of interest.

    The Weekly Citizen has discovered that like the Ghanaian case the plan by to rig the Kenyan Presidential vote was 3 pronged;

    First, encourage the purchase of BVR kits by the IEBC. The technology was simply meant to hoodwink the public and crash when plan B was to be effected. Using unorthodox means that included bribing IEBC officials, the more experienced 4G solutions which serves India that has over 500 million voters was disqualified and Code Inc given the job to supply the kits. Code Inc went into liquidation and was renamed Electoral Systems International after the Fijian government exposed the company to be a branch of the Canadian Intelligence Organisation. Part of the system’s technology was supplied by a company linked to a Mr Chirchir, a former Commissioner at the IEBC
    Secondly, as Ghana’s NPP claims in their petition, the ruling party used Super Lock Technologies Ltd to hack into the system and pre-determine a mathematical formula that adjusts figures as they come for both candidates while keeping any other candidates at a predetermined formula to ensure they do not harm the intended outcome. (This possibly explains why Uhuru’s margins with Raila never changed even with random results coming from all over the country). Yet even with this plan, Jubilee knew they would have to top up “few” numbers based as the 50% + 1 was still proving elusive with a week to the election.
    The third and final strategy was the real plan. Play with Kenyans’ minds by manipulating results and establishing a lead for Jubilee then crash the system and go manual. This was arranged by declining to have a back-up server which would retain evidence of the manipulation. With only one server, a deliberate crash would be final and would destroy evidence.

    According to Maina Kiai, former chairman of the a human rights organization the technology was a red herring.

    “This election was meant to be manual from start to finish loopholes included” he writes in his Saturday Nation column. “A manual result is what would allow different results to be announced at the Constituency, County and Bomas. All these electronic gadgets and equipment were meant to pull wool over our eyes”

    “Even with this plan, the team knew they would have to top up numbers based as the 50% + 1 still proved elusive with a week to the election” says a TNA Mp Elect.

    Then March 4th came.

    While the scheme was to “minimally” add votes to the “tyrannical numbers” to enable a Round One win, everything went wrong on March 4th Election day as the electorate in key battle ground areas stunned Jubilee strategists with an anti Uhuru vote.

    Luhyas expected to vote for Musalia up to 50% rebelled and went for Raila. The 30% of the Kamba vote expected from Kitui through Charity Ngilu failed to come in. Coast where Jubilee were expecting a 50-50 share with CORD bolted to Raila. CORD and Raila took off with 70% of the Kisii vote. In Kalenjin land, voter turnout fell below 70%. The “tyranny of numbers” was becoming a flop. With predictions by Jubilee statisticians collapsing all over on Election Day, the team after consultations had to quickly switch to Plan B.

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

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

    It is obvious CORD’s petition will put IEBC to task show an increase in voter registration after the registration ended on 18th Dec. In some cases the register grew by 35% in one constituency after reconciliation. On December 18th 2012, @IEBCpage declared there were 14,337,399 Registered Voters. The Final Register indicates there were 13,352,533 Voters

    Other than manipulate the register using technology, technology was also becoming an obstacle to get the right numbers and ensure a Round 1 win. The Voter Identification Kit which required fingerprint identification for voters could not be manipulated as “ghost” voters could not get in to vote or double voters. They had to be physically present.

    By 2pm, a crisis meeting was convened by Jubilee strategists on how to shore up numbers in Rift Valley.

    Mysteriously the Finger Print Identification kit stopped working. Manual voting was introduced.

    The IEBC electronic tallying system which was relaying fast results with a 53% lead for Uhuru four hours after 5pm, suddenly slowed down with just a million votes in. Then the “IEBC” server which in reality belonged to Ken Call crashed. And the results slowed down to a trickle. By 11pm IEBC announced to the press that announcement of provisional results had been halted and pushed to Tuesday.

    Most IT experts confirm that the amount of data being remitted for the 33,000 polling stations in terms of text messages could not have crashed the system.

    “It is very little data. Safaricom, Airtel and Orange deal with almost 300 million text messages daily. The data from polling stations was not that much”, says an employee of Safaricom on condition of anonymity. “What is puzzling is why on such an important exercise IEBC and Ken Call did not install the standard back-up server which would saved remitted results and revived the process”.

    The CORD team believes Isaack Hassan’s explanations were a cover-up and that the technology “use” and “failure” were part of the strategy to rig the elections.

    “The electronic system kept Uhuru and Raila at particular percentages to psychologically make Kenyans believe Uhuru was winning and Raila was losing. However since the figures at Bomas were not matching forms 34, 35, 36, and the Jubilee “tyranny of numbers” formula had failed, the electronic tallying system had to go.

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

    With the plan in progress for manual voting, by Wednesday Rift Valley Turn-Out was being reported at 90% while Central had risen to 95%. Based on the Kriegler report this numbers were obviously inflated. However more was required as Uhuru had dropped below 50%. So delays had to be created for Returning Officers to re-adjust figures.

    The diversionary tactic kept Kenyans patient as Issack Hassan kept talking of delays caused by “verification”, “technological challenges” and introduced a phrase “complex elections” that would be repeatedly used throughout the Bomas process.

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

    The Bomas tallying centre was placed under heavy security as the once accessible Chairman of the IEBC now avoided all media questions regarding the process.

    “This is the most opaque electoral commission and ranks lower than even the late Kivuitu Commission” said one of CORD’s lawyers James Orengo.

    In the deliberate confusion that followed strange results started flowing off the IBC press briefings. Among the cases are;

    Wajir North had a 92% Voter Turn-Out for spot whose history indicates 50-60%. In Wajir West, if the Final Register hadn’t been adjusted, 99.45% of the Registered Voters would have voted. In Nyaki East in North Imenti with 12000 registered voters 15300 are reported to have voted!

    In Kajiado South, the people who voted (42,276) is higher than the people registered in Dec (41,040).Register adjusted to 46,218 to conform. In Sigor, the people who voted (19,704) is higher than the people registered in Dec (19,337).Register adjusted to 21,341 to conform.

    “How does Turkana Central with 25,970 votes as at 18th Dec end up with 34,486 voters after reconciliation?! Where did 8,516 voters come from?” asks Dr Makodingo, a political analyst on his twitter page.

    Worse still Worse still, IEBC’s figures refuse to add up inspite of efforts to “correct errors”. Valid Votes (12,222,980) plus Rejected Votes (108,975) add up to 12,331,955 and not their tally of 12,338,667!!

    “It is strange that 1,500,000 persons only cast a vote for a president and across Kenya this number is reflected in joint votes cast for Senators, Governors, Mps, Women Reps or County Reps. It is an obvious case of manual ballot box stuffing and double voting for Uhuru” says Statistics analyst Dr Makodingo

    Presently CORD may only have to prove that the 8,000 votes votes Uhuru received to add to his declared 50% is fraudulent. If that is done the Supreme Court can order a fresh poll within 60 days.
    http://petitionleaks.wordpress.com/

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