Final Update – CORD Presidential Election Petition

updated now includes the SCOK ruling on page 7 and a slightly modified page layout

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Table of Contents

Introduction

Page 1 Introduction

Filing

Page 2 The Petitions

Page 3 IEBC/Isaack Hassan Response

Page 4 Uhuru Kenyatta Response

Court Proceedings

Page 5 Court proceedings / Sessions

Page 6 Reports on Scrutiny of 33,400 Polling Stations and Retallying (22 Constituencies)

SCOK Ruling

Page 7 The SCOK ruling

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Introduction

No doubt some are aware of the petition challenging election of Uhuru Kenyatta and William Ruto. This petition is historic in that its the first after promulgation of the new constitution setting a precedent and trend for Kenya’s democracy for the years to come and marks the final hurdle for aspirants. It is also historic in that it shines a spotlight on the newly appointed, after thorough vetting and well constituted and reformed Supreme Court whose mandate it is to preside over any dispute over the outcome of a presidential election.

icon-courts

Clearly we are expecting nothing but the highest standard and world class presentations from the elite legal teams that will be driving this process. Equally we are looking forward to world class ruling/judgement as it is delivered by the Supreme Court in determining this landmark case.

For the first time in Kenya’s history, a president’s election will face the scrutiny of a court process and the outcome which has absolutely no appeal since the decision is final, will be accepted by the petitioner, respondents and country at large

Herebelow we present the petition as well as the massive supporting evidence compiled. It is not just mind boggling but in fact reads stranger than fiction. It completely bursts the myth of the purported “Tyranny of Numbers” and instead exposes a sinister scheme in which through a combination of tactics, the voting process was manipulated to deliver a predetermined outcome.

Without further ado, herebelow please find the documents, some you may have seen, but the explosive evidence may be new to some of you.

Supporting video clips are found after the evidence chain

103 comments on “Final Update – CORD Presidential Election Petition

  1. Oswago is finally in deep trouble. Yes, we told him so.
    He now being thrown under the bus by akina Isaak Hassan and the Jubilee crowd.

    ————————————————————-
    NAIROBI, KENYA: The Ethics and Anti-Corruption Commission has arrested four top Independent Electoral and Boundaries Commission ( IEBC) officials for irregularities in the biometric voter kits tender.

    The four, including CEO Chair James oswago, are set to be arraigned in court tomorrow.

    In June this year, the Public Accounts Committee of the National Assembly made inquiries into the procurement process of the electronic voter kits.

    Director of Public Prosecution Keriako Tobiko asked the anti-graft body to conduct investigations into the acquisition of the kits as directed by the Supreme Court and forward a report on the findings to his office for action in August this year.

    http://www.standardmedia.co.ke/?articleID=2000096478&story_title=iebc-ceo-james-oswago-three-others-arrested-over-electronic-voter-kits

    • this is good

      someone needs to be held accountable, and if these folks know whats good for them, let them out the whole truth, no need to go down alone

  2. What sort of double standards is this from the Kenyan media? When they were supposed to speak about the IEBC mess when it mattered most, they chose to keep silent while half of the nation got brutally raped as they, the Kenyan media, gleefully watched and cheered on. How is this belated apologist brouhaha supposed to reverse the IEBC mess and the brutal rape of half of a nation in the name of moving on for peace?

    The Kenyan media is one fuacking group of persons who should just shut the fuack up now and forever!!

    IEBC must learn from election failures or perish

    That the Independent Electoral and Boundaries Commission ( IEBC) made an almighty mess of its pledge to run a smooth and technologically sleek election has been universally acknowledged since the first accounts of failure after technological failure on March 4.

    The only question in recent days was who was responsible for which embarrassing failures that stained our national reputation and cast a long shadow over the outcome of an election best remembered for the enthusiasm and patience of the voters.

    It will come as a shock to millions of Kenyan voters, thanks to a new technical report to be released tomorrow, that the IEBC was so ill-prepared from a technological point of view that the computer systems expected to transmit election results were being installed on March 3.

    As a result, says the damning report prepared by the firm contracted to assess, test and support the Electronic Results Transmission (ERT) System, the infrastructure was not even tested before use on March 4. As for the failures in the counties, they were so numerous and some so basic as to be bear repeating here. It’s clear for all to see that the IEBC set itself up for failure on a monumental scale.

    If half of this detailed report is true, and there is no apparent reason to believe otherwise, then Ahmed Issack Hassan and his IEBC have many questions to answer.

    And it goes well beyond the kind of answers given by Hassan last week, acknowledging failure in the same breath, as he appeared to paper over the monumental failure.

    What Kenya needs and the IEBC must now deliver is a ruthless root and branch review of the management of this commission before billions of shillings more and the entire reputation of our country Kenya is placed under their care again.

    The sooner that is done, the better.

    http://www.standardmedia.co.ke/?articleID=2000081537&story_title=Kenya–IEBC-must-learn-from-election-failures-or-perish

  3. IT audit report reveals what went wrong in the polls

    null
    One of othe polling centres in Mombasa. [PHOTO: FILE/STANDARD]

    By Alex Kiprotich

    KENYA: A local Information Technology (IT) firm, Next Technology, has produced an audit report that provides never-heard-before detailed insights into the many things that went wrong during the March 4, General Election.

    The Next Technologies report on the collapse of the electronic results transmission system during last month’s elections is the first independent account of the failures on a national scale.

    In a report that reads like a sensational catalogue of things not-to-do, Next Technologies details the failures starting from the national tallying centre at Bomas in Nairobi to the polling centres in the various counties.

    The report says that IEBC’s computer system was incomplete and untested before the elections that were marred by the catastrophic failure to transmit results electronically, according to a technical report just released.

    The Independent Electoral and Boundaries Commission (IEBC) contracted NEXT Technologies to carry out an assessment and provide national IT support to for the elections.

    The sheer lack of preparedness is revealed in the report that noted that one of the two main servers required for the elections was not installed until a day before the election and it was therefore not tested.

    Faulty equipment

    The report’s findings paint the picture of an overwhelmed IEBC desperately struggling with technology in the final hours ahead of the election and its field staff — many untrained or ill-equipped for the task — oblivious of the technological nightmare that awaited them on March 4.

    “It is the view of this completion report based on observations during the first round of the elections that the development of the system was incomplete by the time of election,” reads the report.

    The report adds: “This can be attributed to the noted system behaviour characterised by the different system components which were intended to function as a whole seeming to have been functioning in isolation which led to the system being unstable and unable to fulfil user requirements especially in the transmission of the bulk of the results.”

    The report details numerous other failures experienced with the software and hardware in counties spread throughout the country such as:

    Faulty configuration of mobile phones, some were spoilt, others had no batteries or SIM cards, passwords failed to work on mobile phones, laptops could not receive results from the mobile phones and were therefore not able to reflect and show results for the performance of various candidates.

    Other problems included the failure of the National Tallying Centre server, poor choice of mobile network in some cases and faulty laptop batteries

    The report by Next technologies lays blame squarely at the door of IEBC saying that the reporting server set up was incomplete and was just brought in a day before the election and that the operating system and service packs were installed on the eve of elections.

    This comes as IEBC chairman admitted there were inconsistencies and failures witnessed in the just concluded polls but still maintained that the elections were credible.

    Hassan said they faced challenges that affected the conduct of the elections.

    “We faced serious challenges which affected the conduct of the elections but in the end we had a fallback position that ensured we delivered a credible election,” he said in his first public speech since March 4 polls.

    Engineers from the firm say there was lack of access to the server over the network and the stress test could only be run by physically accessing the machine in the server room.

    Despite IEBC calling for an ICT group meeting on March 2 at Bomas to assess the state of preparedness amongst the ICT partners for the elections, the report indicates that the testing was limited only to viewing the visualisation software.

    The report also says that the results transmission and publishing system, which were used for transmission and visualization respectively, were not available for testing.

    Another mistake committed by IEBC which led to the collapse of the electronic transmission hours after it relayed the first results is traced to a decision by the electoral body a week before the elections when it moved its software to new server which had already been set up and was being utilised by EVID.

    Oversight

    “Due to time limitations,” the report says, “the system was not reformatted and no installation of same operating system. This oversight had serious consequences for electronic results transmission as one of the critical partitions had been configured not to expand when it got full.”

    The IEBC’s decision to configure the data base management system to replicate the results database to the back up soon filled up the critical partition forcing the provisional server to freeze.

    The report details significant failures in all the 47 counties including areas where when presiding officers sent results, the system rejected and indicated that results had already been sent. One such example is that of Meru County where the report says presiding officers were unable to use the electronic results transmission (ERT) because of errors the ERT application was generating on the log screen. “Upon successful log in and input of the results, the system would reject to take in results displaying that results had already been sent.” During voting day in most polling stations, there was voter delay due to incorrect combination of usernames and passwords, which caused a large number of officials to be unable to log in on Election Day.

    Network failure

    In some polling stations in Western Kenya, some phones particularly those assigned to polling stations bordering Uganda captured MTN Network instead of Safaricom making relaying of results impossible.

    “The main concern was that some places in Bungoma region being very close to Kenya/Uganda border the network frequently changed to MTN Network. We had raised this issue and it was agreed that they would change Safaricom lines to Airtel lines and Airtel to Safaricom. This was cancelled on the last day.”

    Either because they were overwhelmed or because of confusion in the whole election process, IEBC overlooked some critical issues that resulted in the confusion that characterised the elections.

    Network providers have not been spared either in the damning report. Because no mobile network provider covers the whole country, it was decided that Safaricom and Airtel would deliver the transmission component of the results management system. The network providers were supposed to boost signals at polling stations and tallying centres.

    http://www.standardmedia.co.ke/?articleID=2000081518&pageNo=1&story_title=Kenya–IT-audit-report-reveals-what-went-wrong-in-the-polls

  4. Dear Raila,

    Please just give it up and handover party leadership to someone else. We, your supporters, are proud to say that you fought a good fight!

    Please just let go and do not worry! We are still with you. You can still pull lots of strings from the background!!

    Agwambo for ever!!

    • Raila has too many funny people around him and he seems to listen to them. Raila must stay put but change on that front. He will be in the wilderness for five years but I stand with him and I hope he will start planning for 2018. Also people should not assume that RV/Central love affair will last forever, this is a long term game.

      • My friend John,

        Unless you do not understand Agwambo, there will be no more Raila on the ballot and it is good so. The man has done enough for the country and is very much appreciated. You and I should take over now and prove our love for the country.

        I will do my part, what about you?!

      • Einstein, you may be right. I am ready to do my share of what needs to be done, but who will lead? As we see it everyone has already been on the line to express loyalty even before the court ruling. I agree that one day we must look beyond Raila but who are the Agwambos of tomorrow? There is a point where people must accept the inevitable, but the state of Kenya is too pathetic today.

      • Onestone,

        Who says; the man has done enough for the country?
        Agwambo is the personification of the reforms dream. Without Raila no reforms dream. He is the inspiration for millions of Kenyans also beyond in the rest of Africa.

        Why are you so eager to send him home?
        You like to take over now and prove your love for the country? But what is in your love? What do you inspire? Where are your followers?

      • John
        Having many funny people around is not a problem it brings creative ideas galore. Having not enough organisers and hard workers around is the problem. I am far from a fan but in my perception the Jubilee team did a fantastic job. They held massive rallies and I told myself not every shouting, waving and dancing supporter will materialise in a vote. Jubilee has the money and can easily gather a big crowd but I was wrong as they got nearly all their supporters to the polling stations voting for them. They must have had a well oiled organisation.

        CORD held massive rallies but this did not resulted in massive votes. Somewhere in the past Adongo explicitly warned the CORD organisation for getting their supporters to the polling stations.
        CORD did not have such a well oiled organisation to get people to the poling station. It could be limited financial resources but then CORD should organise volunteers to help with the organisation. CORD has many supporters who are motivated by ideals which could be recruited to work for the organisation as a volunteer.

        Now, after the verdict of the Supreme Court it is time to analyse what went well and where things did not work out. I think CORD should not spend anymore thoughts or energy on the court case or pushing for an audit of the IEBC process. Time and energy could be used to build a stronger organisation not only for the next elections (2018) but to keep the CORD supporters motivated and together. Membership of ODM should mean something for people. It is not enough to listen to politicians but supporters should feel included, their voice be heard and their ideas be evaluated.

      • jansinteur, what I mean by “funny” people is people who spend time on imaginary plots to kill Raila, bad advisers, and so on instead of people who will actually do the hard but dull work in analysing things correctly, dealing with voters at the ground and getting them to register and vote, and so on.

      • John,
        Now I understand what you mean by “funny people” they cry Wolf to often and see plots and mischief behind every corner.

        I think we do not differ much in our opinion.
        I am waiting for the motivation of the court verdict especially the report of the re-tallying of all the forms 34 and 36 before making-up my mind if the massive evidence as some of the CORD members expressed was an exaggeration or factual.

        I find it very difficult to live without trusting people around me. I know some people will cheat but I give everyone the benefit of the doubt. Sometimes I will be cheated and lose something though on the other hand my trust brings me gains that could not be reached without it. It is therefore that I accept the Supreme Court verdict but also trust the verdict is fair.

        Your “funny people” are believers having difficulties to distinguish between facts and fiction or just not inspired to search for reality. They are carried away by their own imagination and spreading their made-up stories as being factual. I cannot blame the “funny people” as most of us are brought-up in a culture of religion where fiction is presented as being the truth. Only later in life can we discover the difference between fiction and reality.

    • hehehe the judiciary announces that they will make an announcement later on when the ruling will be

      this PLO trend still continues where people call press conferences to announce that they will be making another announcement to announce something else

  5. I support the petition, for transparency to prevail, the court must not provide a staged judgement of 3:3, the world is watching…

  6. wow! waiting for the final verdict is worse than the roller coaster ride that the past month has been. didn’t get a chance to watch the live proceedings, but, gleaning through the video recordings plus some of the evidence, am tempted to declare this an open-and-shut case. however, kenya being what it is, i won’t raise my hopes too high.

    whichever way this goes, we need not only ask serious questions, but demand answers as well. the IEBC damn well set the stage for another PEV. ‘bleep’ hassan and his team.

  7. One loud question that I missed during the submissions of the petitioner by his lawyers Oraro and co.

    ? At and in the Bomas of Kenya on the 5th of March 2013

    The IEBC Chairman was very precise in trying to show the whole world at the beginning of the announcements of the final presidential results

    that; the form 36 from which the constituency results had been captured and verified by the agents even showing the media where the signatures were.

    But the huge problem is?????

    the constitution stipulates that it is the forms 34 which are actually the ones that should have been used by the returning office of the presidential elections; this being Chairman Isaack Hassan; in the tallying and validation.

    Did the returning officer Isaak Hassan see and use forms 34 that had been verified by agents at the polling stations to tally the presidential results????

    I doubt it.

    Today in the morning we even heard that even some forms 34 are not be found.

    That is completely unconstitutional.

  8. having listened to some of these proceedings its very interesting how the respondents went from it was free, open yada yada, to well there were multiple registers, to there were alterations, to admiting multiple form 34 and finally conceding there could have been “clerical errors”

    interesting also that Nani is on record going as far as claiming that one station Kasipul Kabondo Primary School in Kasipul Kabondo had 0 voters registered due to shortage of BVR kits at the time but during voting transfered 600 voters to the school using the green registers who all voted for raila

    what Nani forgot to tell us is that the said polling center is a figment of his imagination

    anyway overall, this gives a great insight on how the kenyan judicial system works. remember that this would be the creme of law society.

    so far we have not yet had any outstanding display from the reformed judiciary so will patiently wait the ruling this saturday

    oraro and kethi were absolutely brilliant, focused and made an outstanding presentation. kudos to them and their teams. maybe its just me, but i got the impression that the respondents are proficient at ….. (hehehe jijazie)

    • tnk,
      We never know what our courts might do.
      I especially never know if hey would want to hide behind a 4000 page ruling which all the same uphold the clearly rigged election. Should this happen, it would be worse the live rigging of 2007/08. All respect for the supreme and any court for that matter would be eroded for ever.

      Having said that, I agree with you that Kethi Kilonzo was the star of this petition. Not only was her presentation entertaining but also factual. She was killing the other side very softly.

      Then we have Oraro who was all about facts, facts and facts. He hammered home all his points with very great precision. Eloquent and smart lawyer. No wonder he got Kosgey off the jaws of ICC.

      I enjoyed listening to the two very much. All lawyers in Kenya should study Kethi and Oraro closely for these are lawyers with substance.

    • Folks,

      The evidence as presented in the Supreme Court including the re-tallying and verification of Forms 34 & 36 shows the IEBC presidential election results announced on March 8, 2013 must be nullified by the SC.

      The issue really is whether there should be a re-run or a run-off. Today the AG and Ruto’s lawyer, Katwa Kigen were basically pleading for a run-off as opposed to a re-run claiming a re-run would mean the entire electoral process has to start all over again. That is not true. The case in court is about presidential elections and nothing else.

      In my view CORD has delivered an airtight case. Now all Kenyans must wait for the verdict of the Supreme Court and we must accept it. And examine it. Fair enough?. I thought so.

      adongo

  9. once again many thanks to CitizenTv for the live broadcast, online livestream, and youtube archive which is now updated and complete, see updated post with all video clips for the hearing here

  10. hehehehe

    Now the Supreme Court is being ridiculous.

    http://www.nation.co.ke/News/politics/-/1064/1732760/-/b0nbm0/-/index.html

    Kenyans have a right and indeed a duty to interrogate every aspect of the 2013 elections including the presidential elections. People are going to investigate it using information that are publicly available. They are going to write books and reports about it. If the Supreme Court wants them all locked up they will have to build a prison bigger than the Sahara desert.

    Kenyans can also go to court to demand more info under the auspices of Freedom of Information Act. By Mutunga and his emerging council of gods threatening LSK for merely setting a team to audit the election they are telling the courts not to ever cooperate with the LSK team even if that means the courts will have to disregard the laws of our republic. Dr. Mutunga and his friends in the SC should be told to stop this nonsense immediately. They are not in the service of a monarchy that is above the law. They are in the service of the Kenyan public who pays their rather huge salaries and benefits. We are not going to take any crap from them.

    This presidential petition on which the SC must make a ruling in the next 48 hours is not just about the future of Raila, Uhuru and the oligarchy. It is also about the future of the Supreme Court and their much talked about judicial reforms. Whatever decision they make must be objective and it will and should be audited by those who can do so with facts long after they make their ruling on Saturday. The court should not intimidate those who seek to do so and are able to do it with facts and not rumour mongering. In fact the court should encourage them to do so. Insecure people are often dangerous people. Even more dangerous are insecure institutions. Those who think and act objectively have no reason to be insecure even if they make mistakes. People make mistakes. We understand that.

    I wonder why the Supreme Court has not summoned Uhuru Kenyatta for his snide remarks to Jubilee M.Ps about “some six people”, referring to the Supreme Court. They shouldn’t because Uhuru was right. The Supreme Court consists of some six people. They are not gods. Not even tin gods and should not pretend they are. Kenyans are watching. We are not going to be muzzled by Kimemia or the Supreme Court. We are Kenyans and even Moi with his rungu and torture chambers couldn’t muzzle us.

  11. tnk & others,

    Overall I think today was a good day for CORD and Kethi Kilonzo who is emerging as the star of the show minus the sexist gasps of course. Forget the corner kicks and 18 range free kicks already given to the IEBC and Jubilee side. Someone has to start scoring real goals in this match. That is the real deal.

    Oraro came down hard on the Register issue. The usual Uhuruto internet quacks are asking Oraro to start counting and subtracting votes in order to knock out Uhuru. They forget what is a the heart of this petition. The question is what Voter Register will and should be applicable in tallying, re-tallying, scrutinising 33,400 form 34 and 291 form 36. CORD would be foolish to just plough themselves in vote counting without making their position on the voter register issue.

    Today Oraro exposed the fact that IEBC had numerous voter registers including secret and illegal ones. The most damning expose and a small fact most of us did not know is that under Kenyan laws the voter register cannot be touched or amended within 14 days of the election. That is the law. The IEBC planned knockout punch on this issue was that they released (or published on their website) the final voter register which they call the principal register on the Feb. 24, 2013. Rubbish says Oraro. That damn thing is illegal. It was cooked up 8 days to the election date. The Feb 18 register was done on the very last day the IEBC was allowed to amend and adjust the register. It was exactly 14 days from that day to the voting date. Nothing else could be changed on that register, legally, after that date. That is the law.

    The Jubilee crowd has being singing like mad folk in some market place that Uhuru is already president because the SC has already accepted IEBC’s Feb. 24, 2013 Voter register as the authentic one. Nonsense. That issue is now before the court and the SC will have to make a ruling on that. It could be a deciding factor. Oraro’s clear facts presented today will force the SC judges to make a decisive ruling on which Voter register is applicable to this election before they can make any ruling on the primary prayers of the petition. Oraro did a very good job of putting basic and obvious facts about this before the judges in the SC.

    Even more scary for the IEBC is that according to the totals from all the 291 form 36, the total of registered voters is 13,300,000 plus votes. That is according to Kethi Kilonzo representing AfriCog. It is safe to assume they have added them properly because they have all of the forms as we speak. That court ruling which forced the IEBC to release all of form 34 and 36 to the petitioners could be a real game changer. Those documents are no longer private properties to be locked away from the citizenry of the republic. Surely this is not 2007/8. Nobody can just s(h)it on public documents and tell them mta do? Not anymore. Good. For a start.

    So the question is what really is the number of registered voters and where is that record? IEBC has to answer that question and they seem to be all over the map including the fact that even some of their supporting affidavits have different numbers. Obviously in such a huge operation, things are going to get mixed up. And they did. Big time according to evidence presented so far.

    Oraro also did a good job exposing the magnitude of incompetence and/or corruption within the IEBC which saw them screw every aspect in all the recommended and even legally protected checks and balances in the electoral system after spending over Kshs 36 billion to get everything in place, exactly for that purpose.

    In the few snippets of the court action I listened to I also heard Oraro make a strong case why the Bill of Rights is applicable to the electoral process. He explained why the principles of accountability and integrity are values that public officials like the IEBC chair and their officials are bound by the constitution to adhere to. He used those principles to show why the actions of the IEBC and its top officials are reprehensible and unlawful if not outrightly appalling to the Kenyan public. Those actions must be denounced and rejected by the SC. IEBC and Issack Hassan has laughed of such ideas as bringing the Bill of Rights into election disputes. They can continue laughing. The last laugh may very well be on them ad their king elect. We will see.

    Next from the petitioners, Oraro and co will then go to the numbers debate and don’t think for a minute that he doesn’t know what is happening at KICC. Of course he can’t disclose anything but he sure knows where they stand and remember this is going with the IEBC’s chosen Voter Register that may very well be declared fake.

    What Kenyans heard today was an electoral process that was designed to give a specific result by hook or crook and one that had no regard to the laws of the land.

    It seems there is more where this evidence came from. It is coming down tomorrow then IEBC and their allies in crime will have the right of reply. Then we go to the vote tallying and verification results to be looked at by the court before the ruling comes down on Saturday.

    The good news is that everybody, specifically the Uhuruto mob now loves Mutunga and the SC. Isn’t that grand?

  12. Thanks brother, I never had a chance to listen in at all but now I will at my own time! Did they say DC is shit? I love the DC shit!!

    • einstein

      many of us tried to get glued to the screen but it wasn’t always possible. its great that CitizenTV have made these available so quickly. definitely a great station and perhaps the only media house that has attempted some form of neutrality.

  13. so some six people stand in the way of uhuru’s way to the throne

    take time to also read the super toxic comments on the clip

  14. **Please note this below is not my opinions but FWD from a reputable news org**

    Breaking news from FOX NEWS interntional website –
    http://www.foxnews.com/world/2013/03/27/vote-numbers-were-changed-to-benefit-president-elect-kenya-supreme-court-is/#ixzz2OkqiMUD1

    Vote numbers were changed to benefit president-elect, Kenya’s Supreme Court is told
    Published March 27, 2013
    Associated Press

    NAIROBI, Kenya – Kenya’s Supreme Court has heard that vote totals for Uhuru Kenyatta increased between the closing of the polls and when numbers were reported to the central vote counting center.

    The court must rule on allegations by Prime Minister Raila Odinga and civil society groups that the vote was fraudulent and a new election must be held.

    Kenyatta was declared the winner of Kenya’s March 4 presidential election with 50.07 percent. He cleared the crucial 50 percent barrier by some 8,400 votes of more than 12 million cast.

    Kethi D. Kilonzo, an attorney for the African Center For Governance, played a video for the court Wednesday she said showed Kenyatta’s vote totals increasing between when the local polling station read an amount and when it reached the national tallying center.

  15. CORD have a case & adequate evidence but SCOK is not serious on delivering fair justice judging by how the petition is being handle from day one! 1st iebc reactant to handover its vital documents to cord was totally discriminatory against petition and doubtful on their transparency argument. 2nd Judges are rejecting almost every application and additional evidence by the petitioners on technicalities while giving responded council unnecessary time to ridicule the petition council by acting funny. rd SC are aware of time frame but they still wasting it by raising unnecessary issues to buy time knowingly after Friday there’s is nothing cord can do or go if the given time frame is over but their petition will be dismissed on technicalities which will help to bury the truth of flawed election & iebc conspiracies will be buried for future use. 3rd rejecting cord application to forensic audit on iebc database logs to save time is ridiculous and suspicious. In Mutunga we can trust but not every time coz dropping Chirau Ali Makwere & Machage incitement case just like that is clearly indication of how reformed our judiciary is!!

    • was listening to these lawyers and am totally disgusted

      if “wanjiku” voted and placed a mark on “uhuru kenyatta”

      if somewhere in between this process, maybe while counting or for some other reason or somewhere in the process, an electoral official places a secondary mark thereby invalidating the vote cast somewhere in the process. whose fault is it? and why should wanjiku who duly and validly cast her vote be penalised by disregarding her vote?

      these guys are joking and playing mental games

      sideshows

      aaarrghhhh!!!

    • Very nice

      The AG says that a vote cast by a suspect is not valid or the same strength as a “clean citizen”

      So in the same vein

      How about a candidate that is a suspect?

    • I’m disappointed in the Supreme Court for the show of laziness.

      They are not only rejecting evidence on technicalities but the said technicalities are based on the fact that they don’t have time to scrutinize the evidence.

      Any matter that need comparative analysis is thrown out because it will take “too long” and needs some “thinking” to be done.

      They have reduced this process to issues that require no science only shouting matches.

      At this rate the very credibility of SCOK will be reduced to nill.

      Then there is the issue of allowing long arguments on none issues that should take only a few minutes. For example, why take the whole morning arguing about rejected ballot papers. Each lawyer should be given 5 minutes to make his point and a rulling made. Why waste time.

      • Mzee,

        I fully agree with you. The SC has reduced itself to a circus. Allowing respondents to hide evidence that the Supreme Court itself needs to reach a sensible ruling makes the court practically irrelevant to the administration of justice.

        What the court has to know is that those pieces of evidence will emerge. LSK has already launched its own audit of the entire election. They are going to get all that information because it is public information. This is not the Kivuitu era. If god forbid the SC makes a ruling that later emerges to be biased it will lose all respect of Kenyans and all that goodwill they have built will melt and they will become the new Kivuitu in town.

        Let’s hope the SC still makes a ruling whichever way it goes that will be backed by the facts being supressed by the same court. This ruling is not just about Raila and CORD. It is also about the future of the Supreme Court and right now they don’t look too good.

  16. Guys Kenya has a big cartel that are typical Railaphobias and are doing all they can within their obsolete power to make sure Raila doesn’t ascend to power coz they knew the end of their dubious life, illegal business, lands grabbing, grand corruption and their cultures of impunity is at stake and their past will come to haunt them like a bad dreams. They call it revenge and witch hunt and we call it justice. Uhuru is just a project by the same cartel & Mutunga alone cannot do anything to prevent this dark forces coz it bigger and stronger than he contain or defeat single handedly while Raila has been warned not to utter any word in the disguise of maintaining peace.

  17. Dear Lord,guide Kenya. It is sad where many in their own land fear to even cough at their offices due to T.O.N. , where Impunity rules…..Please share these stuff to the rest of the world in case anything happens like assasinations etc. Am proud of CORD and Raila,really proud. I had Accepted and Moved On till I bumped into this site!!! FB is a True Example of Kenya Burning Online……Venom,pure venom. Shall vouch for peace but what the world calls Peace here, I DOUBT….Thank you for sacrifising much,for filling us in and it takes ages to get an Obama, a Raila, a strong person to fearlessly face the Lords of Impunity fair and square,takes long. Fight on as many have chickened out or already taken honey coated pepper at the expense of their masses….I am Proud of this ,really proud. Share to the World and the International Media, Trust nobody,not even the Supreme Courts. They are humans who can accept money or get trailed and killed……My prayers 24/7!!!

  18. listen to this drama ni kama ndrama ni kama findeo

    this is how jubilee shows disrespect to the highest court in the land

    sending an imbecile to represent the wanjiku

    maybe it was a mistake to claim the constitution was for wanjiku because as we have learnt that all that wanjiku wants is a president from from central province.

      • tnk,

        There is something I find amusing in the IEBC strategy. Their main argument is that Oraro has introduced 900 extra pages of evidence and added 122 new constituencies to be audited and that the court should not allow that evidence because it is time barred.

        http://www.nation.co.ke/News/politics/Court-battle-for-power/-/1064/1730380/-/13oax7/-/index.html

        That sounds like a waste of time to me. The court has already ordered the audit of primary documents in all the 290 constituencies and 33,400 polling stations. What does it matter if CORD is interested in 122 more than they did before. The court has already given them the opportunity to look into all those areas and obviously CORD lawyers will focus on the constituencies where they can prove some fraud took place.

        All the 33,400 primary documents are up for a close check. Oraro’s “new” 122 constituencies are all in there. IEBC’s arguments here have been overtaken by events. If CORD has information as Oraro suggests that some of them contain wrong information he is going to have the opportunity to challenge each and everyone of those. He just needs to get his agents armed with the info and bring them to the attention of the court.

        This IEBC argument would be relevant if the court has limited scrutiny only to the constituencies and polling stations identified by CORD on their March 15 petition. The court has very smartly avoided all these side shows by ordering a mechanism to get the whole picture.

        I think that move by the court was not contemplated at all by the IEBC and their Jubilee allies. It was a good move because the court should make its ruling based on the true picture as far as the court can get instead of this business of arguing on technicalities.

        The next issue is going to be the court’s decision on the electronic system including the server logs etc. And then of course we have the voter registry business to be resolved. Day 2 is next.

      • This may be coming tomorrow. It is already in the CORD website here on DC but some people may miss it. It is important.

        Here we go.

        http://kenyademocracyontrial.com/PDF/Affidavit%20of%20Senna,%20IT%20expert.pdf

        Here is more:

        http://kenyademocracyontrial.com/PDF/Affidavit%20of%20Walubengo.pdf

        And more:

        http://kenyademocracyontrial.com/PDF/Affidavit%20of%20Oduor%20Ongwen.pdf

        Obviously IEBC is scared of any responses to their own lies. You are not supposed to lie in court. The court has already allocated time to the petitioner and the respondents (who have to split their time). The petitioner may very well go ahead and just call those who signed the affidavits as witnesses starting tomorrow. It is show time. They already have the primary forms being scrutinised anyway. What is there to lose.

      • Adongo

        Even as we read these articles that reveal the mindset of IEBC am continuously amazed by the amount of nonsense that people put up with in order to sound advanced in IT

        Take a look at the many acronyms defining the different processes

        BVR, EVID, RTS etc etc

        I mean give me a break, like we said long ago, what needed fixing was a credible process, certainly technology would assist greatly but it has to be well thought out.

        For instance the RTS – results transmission. In fact there are only three areas that needed fixing with IEBC, that people vote only once, a counting takes place at the polling center, all agents sign off and results transmitted. this is not rocket science. From there on any class 3 child armed with an abacus can compute the necessary arithmetic. Its not some Quantum Physics formula. These guys are over complicating a very simple and straight forward process and shrouding it in mystery that should not be there in the first place

        I don’t know what it cost for the RTS – software and its implementation in any case it failed, personally I would have invested in a more simpler and transparent process using fax machines where its easy to maintain a trail. In the past, (stone age) where there were no phones, no lights, no cars, yeah this would have been a tough act, but now with high mobile penetration, with smart phones that can do some amazing things, these guys at IEBC really have no excuse.

        They could have used all available means including faxes, multimedia and simple text, scan and email. the only requirement being that the hard/wet ink copy must at some point make it to the National center.

        But who knows, the way IEBC handles its electronics, i bet the fax machines would also fail. Maybe the faxes would end up in Venezuela due to a MySQL injection hack x + y = zzz

        Anyway, looking forward to the rest of the pre-trial conference, results from the re-count and onto the trial proper, in the meantime, do not hire any IT guy from IEBC, they’ll spook your electronics

      • CORD had all their applications thrown out today. One thing I still don’t get is why CORD needs additional constituency verification when the Court has already ordered that all the form 34 (33,400) and all the Form 36 from 290 constituencies need to be verified and scrutinised. If CORD lawyers has information that there are anomalies in the 122 constituencies they are talking about why not send their agents their to dispute those forms and challenge the numbers.

        This case will be won or lost on numbers from the 33,400 polling stations and 290 constituencies. If those numbers don’t add up CORD will win if they do it does not matter what these other technicalities say. That is the bottom line. CORD should spend their energy crosss checking those numbers which are being counted as we speak.

        This case can be lost on technicalities and not the facts which will be a big shame because people will just say it is same old Kenya but if the numbers don’t add up it will be very hard to uphold the election results. CORD also has to take responsibility for filing for the forensic audit late. I personally don’t think it was going to make a difference. This is beginning to look like the Matiba case where the court ruled Matiba did not serve Moi with the petition.

      • Adongo

        must say, am not surprised. we had cautioned that cases in kenya are not lost due to lack of evidence or facts, but by lawyers debating technicalities that strip off significant chunks of evidence or argument.

        we would have expected the highest court of the land to be more interested in pursuing facts and unearthing evidence rather than succumb to such machination by lawyers.

        as you say, there appears to be no change in that mindset

        as for re-tallying, given the advance notice, its highly improbable that will yield anything significant. this is not rocket science and its not that hard to right size the ballots. that business of “seals” is immaterial since the seals are held by the very same custodians. a classic case of running around in circles

        i think this game is about to be over.

      • tnk,

        Strange as it may seem, I was just talking to one of the guys handling the case a minute ago as you were posting your views.

        I was surprised that he says they suffered a small setback today and sees no big deal. I had called him to ask him if they are being sloppy after all the boasting that they had the best legal minds in their team. So why all these late affidavits etc. He told me the bulk of that was in response to what the IEBC filed and they will have to respond to that verbally in court and they see nothing much lost in that regard except for may be a few affidavits here and there that make not much of difference. I still wondered why theye were wasting so much time in trivial stuff.

        On the new constituencies that they wanted audited he says their agents are already doing that and will file their concerns and complaints in court because that was a court ordered process. As we know the court already ordered the “scrutiny” of all those documents. He told me the scrutiny means all parties are allowed to ask that the accuracy and authenticity of the declared results in those documents be verified. He also told me the CORD team at KICC are the very people who identified these descrepancies so they know exactly what they are looking for.

        The big battle is tomorrow around the issue of Voter Registry and which one is legit. The CORD petititon has already challenged the authenticity of the secret register that the IEBC has claimed they are using. It will be up to CORD to convince the court in their presentation that the alleged voter registry is unlawful since it was never gazetted as the official voter register.

        I asked him how come the SC ordered that the tallying be done against the so called principal registry sent by the IEBC. He told me that was the right thing to do because CORD’s argument to introduce any other register has not been heard and it would unthinkable for the court to assume that CORD has won its case already. According to him the tallies and all form 34 and 36 will be verified and filed with the SC. Depending on how the court rules on the registry matter those numbers will have to march with that registry.

        So really the real battle has not even started because the court was having status conference and making the rulings on that. But there are a lot of people who may be dancing themselves in a frenzy out there thinking CORD has already lost the case. I see nothing wrong with that.

        But yes, the SC has to be careful to preserve its dignity. Make the ruling on evidence not because of supression of evidence and I think that is why the Supreme Court ordered the verification of pretty much all votes.

        If the court wanted to be mean and biased they could easily have ruled that only the forms which have been disputed by CORD be verified. That would mean only 22 polling stations and some constituencies. In a way the court gave CORD the best gift they would have asked for and which they didn’t even ask for. Now they have to prove their case.

        The server logs and forensic audit he says were important but they have already filed their issues with regards to the electronic system. I told him my thinking is that the forensic audit wasn’t going to work for them. It could very well have worked for the other side. He disagrees but that is his opinion.

      • there was a time i used to think lawyers are an optimistic lot trying to do their best.

        as it turned out, they get paid whether they win or lose. it doesn’t matter either way.

        and next week they’ll have some new clients

        so no, i do not share their “optimism” and as they say in these parts, have the best brains means didley squat when they are not winning anything

        they keep talking of a big win down the road, same way a gambler is delusional about the big one.

        in the meantime they are losing a significant number of smaller battles.

        well, a miss is a good as a mile,

        in two days they need to wrap this up and win. period. we dont want the side shows, the sneak previews and what not. they stand before the supreme court to convince the supreme court and 40m kenyans that the election for the president was deeply flawed and nothing but a re-run will redress that.

        we will await the verdict this friday or latest saturday

        that verdict however or whichever way it falls will not dissaude us from vision.

        a loss will certainly dent our pride and put a limp in our stride, but we have never imagined it would be easy or that we would get all round support.

        in fact i hope with time we can shed off opportunists and be left with a strong core that understands the true price of fighting for freedoms which includes those who vehemently oppose such a fight, turning around and reaping immensely from the gains made.

        – the struggle continues folks lets brace for it, grit your teeth, reinvent and restrategize, some of those who were our comrades, have been compromised by tokenism –

      • tnk,

        Personally I think the CORD lawyers wasted the first two days. That is 40% of the time they have in this case. They were not focused and the late affidavits betrays some incompetence whether they want to admit it or not. The AfriCog two lawyers seem more focused and in fact their application for the hand marked register which the IEBC is required by law to keep and hand over to the returning officers in a sealed envelop was too baffling for the judges to just pass some frivolous ruling. For one the court has jurisdiction to demand evidence like that which should be at the fingertips of IEBC. Now IEBC says they don’t even know where the hand marked registers are and claim they are bundled together with ballots in ballot boxes and it will take too long to provide them.

        So how does the SC rule that because of their own incompetence and/or fraudelent behaviour IEBC should be given a ruling that benefits them due to that. The judges were too embarrassed to make that kind of a ruling. Mutunga said something to the effect that some of those may be at the KICC for the tallying. It would appear they are waiting to see if the tallying and verification is done by tomorrow to make that ruling. But that also means there will be no time for that. The SC is battling with that issue because it may very well be the one to show that the SC is more in the business of helping IEBC supress evidence than really seeking justice.

        CORD lawyers don’t need to panic but because they wasted two days and they have something like 2 hrs tomorrow and 2 more hours on thursday they have their work cut out for them.

        Like I said this case really is about CORD going through those 290 forms from every constituency and the 33,400 forms and showing the court the evidence that Uhuru’s numbers were bloated and where that took place.

        If the SC did not give them that opportunity which they didn’t even ask for this case would be over by now. I don’t think 22 poling statiosn can make that much of a difference. That is why getting a chance to audit the entire paper work may very well be the game changer for CORD and now that Jubilee thinks they have Mutunga and everybody else is in their corner and they jumping around, a reversal of fortune will mean they have to accept the verdict and be very happy with Mutunga and co. The singing for the great Mutungs must continue regardless of the verdict and that is for both sides.

        Of course if the SC makes blunders soem of us are going to balst them just like we did when they made that absurd and cowardly ruling on the gender law in the National Assembly. That was an awful ruling and it was not because they had no time to get all the facts.

      • Adongo, I can see the point which is being made by the lawyers. Sometimes evidence can be obtained after things start and the court must make the decision on if to allow it. In a way I think that the court should ignore technicalities and that is what I thought they would do. Now I have thought about it and I see it diffferently. If the SC gives court a pass on technicalities then rules for CORD we can never hear the end of the noise, so the SC has to be quite narrow. A Kenyan friend of mine who is a lawyer and far from Kenya but closely following the case also thinks it is just a small setback. But he agrees with you that CORD lawyers may be wasting time because they have already filed the meat of their case, I guess they wanted to be sure that nothing was left out. We will see what tomorrow brings.

      • Adongo,

        With regards to the 900+ pages of evidence that has been thrown out, I think it is but a minor setback legally because there are other avenues of addressing the issue. It is however a massive propaganda victory for the Jubilee teams and as I said earlier, influencing the narrative is as important as the case.

        Yesterday I read a post by “UhuRuto 2013” claiming that “900 pages of evidence introduced through the backdoor thrown out through the front door. The plea for the forensic audit of the IEBC system rejected. Tallying over for 16 polling stations, no anomalies reported so far”, seems like they are using the rulings yesterday to bolster their propaganda….

        Some CORD friendly pages went on to state that the tallying unearthed inconsistencies. I don’t know which position is accurate but just this morning I heard that CORD had requested that the results be made public so that they use the information as part of their submissions but the court registrar stated that the information will only be disclosed to the judges. Considering that both parties had agents I wouldn’t expect CORD to make such a request unless they are certain that it was going to bolster their case. The jubilee team in the mean time is mum (other than their proaganda wing)

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