Top IEBC men to be charged save for Isaak Hassan, why?

The anti-corruption commission has recommended the prosecution of four top electoral commission officials over the Sh1.3 billion electronic voter identification kits that failed during the March 4 elections.

The four are Independent Electoral and Boundaries Commission (IEBC) chief executive James Oswago, the deputy commission secretary in charge of support services, Mr Wilson Shollei, the director of finance, Mr Edward Karisa, and the procurement manager, Mr Willy Kamanga.

In a letter to the Director of Public Prosecutions (DPP) Keriako Tobiko, the Ethics and Anti-Corruption Commission (EACC) says the four should be charged with four counts of failing to comply with procurement laws and abuse of office.

The charges relate to the tender to procure Electronic Voter Identification Devices (Evid) which was awarded to a private company, Face Technologies, at a cost of Sh1.3 billion.

Mr Tobiko is expected to decide this week whether the four have a case to answer, said a senior official in his office who cannot be named because he is not authorised to speak to the media. He added that the file was forwarded to Mr Tobiko mid last week.

If the prosecutor clears the charges, this will be the first time electoral officials would be held to account for hitches that almost bungled the election. The EACC is still investigating the procurement and management of biometric voter registers, popularly known as BVR kits.

In its ruling in the petition filed by Coalition for Reforms and Democracy (CORD) challenging the victory of President Kenyatta and his deputy William Kenyatta in the poll, the Supreme Court recommended the prosecution of top IEBC officials and vendors of the Evids and the Result Transmission System (RTS) which failed during the poll. This disrupted the tallying of votes, delaying the exercise by four days.

“We recommend that this matter be entrusted to the relevant State agency for further investigation and possible prosecution of suspects,” the six judges led by Chief Justice Willy Mutunga, the Supreme Court President, ruled.

MANIPULATION OF RESULTS

Mr Raila Odinga and the Africa Centre for Open Governance (Africog), which also challenged the presidential results, argued that the glitches created room for manipulation of results between polling stations and the national tallying centre at the Bomas of Kenya, Nairobi.

In the first count, Mr Oswago and Mr Shollei would be charged with jointly and willfully failing to comply with Section 47 of the Public Procurement and Disposal Act and Regulation 31 of the Public Procurement and Disposal Regulations by failing to ensure that changes made to the contract awarded to Face Technologies Ltd by the IEBC for the supply of the Evids were approved by the IEBC tender committee.

In the second count, they are accused of using their offices improperly to confer a benefit on Face Technologies by approving the payment of Sh1.3 billion for the supply of the devices without ascertaining that they were inspected, accepted and met the technical specifications in the contract.

In the third count, Mr Oswago, Mr Shollei, Mr Karisa and Mr Kamanga would be charged with breaking procurement regulations by failing to ensure that the devices were inspected and confirmed as having met the required technical standards.

In the fourth count, Mr Oswago and Mr Shollei are accused of using their offices improperly to confer a benefit to Face Technologies by approving changes in the contract for the supply of the devices without approval for contract variation by the IEBC tender committee.

Sources told the Sunday Nation that the EACC had also forwarded to the DPP another file relating to the tender for the supply of 28,000 solar lanterns at a cost of Sh105 million. The investigators found the contract was awarded to Solar Mark Ltd unprocedurally and the lamps were not supplied. The EACC wants IEBC procurement officers and directors of the company charged with bid rigging, among other malpractices.

The Supreme Court judges in their judgment concluded that the electronic system procurement was marked by competing interests, some involving impropriety or even criminality.

“Different reasons explain this failure but, by the depositions of Dismas Ong’ondi (IEBC ICT boss), the failure mainly arose from the misunderstandings and squabbles among IEBC members during the procurement process,” said the judges.

Mr Ongo’ndi had cautioned the electoral commission against buying the EVIDs, saying they required more time and a parallel technology to function optimally.

In an internal memo to Mr Shollei and copied to Mr Oswago, Mr Ong’ondi said the kits tender should not be awarded because of the risk that the gadgets could fail and the commission did not have capacity to repair them.

Mr Oswago, however, contended that the devices failed because of an operational challenge.

“We have nothing to hide, we are ready for any investigations and the procurement being subjected to public scrutiny,” Mr Oswago told detectives.

TRANSMISSION SYSTEM FAILURE

The gadgets were meant to identify a voter before one could cast a ballot. They were also to verify that one was a registered voter and account for all those who voted, eliminating the risk of multiple voting, ghost voters and ballot stuffing.

Mr Oswago said the commission abandoned the transmission software developed by Next Technologies during the referendum and by-elections to develop its own for the General Election at a cost of Sh40 million. That would put the blame on the transmission system failure at the door of IEBC’s IT department which is headed by Mr Ong’ondi.

The failed software was developed in partnership with International Foundation for Electoral System (IFES) which also bought the servers.

The procurement of electronic system was marked by controversy from the beginning leading to the cancellation of tenders for the BVRs.

Former President Mwai Kibaki and Mr Odinga, who was Prime Minister, intervened and the kits were eventually delivered through a Canadian government loan of Sh6 billion.

Ironically, Mr Shollei, who holds a Bachelor of Commerce degree and an MBA from the University of Nairobi, worked with the defunct Kenya Anti- Corruption Commission where he served in various capacities including director, finance and administration. He joined IEBC last year.

http://www.nation.co.ke/news/politics/IEBC-Tender-EACC/-/1064/2039844/-/4yxlitz/-/index.html

 

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12 comments on “Top IEBC men to be charged save for Isaak Hassan, why?

  1. Have a Deep Look into the hour glass: Below
    Dear Sir,

    As we have said many times before and stated here again, Face is committed to this project, the deliverables and responsibilities thereof. Our team has been on the ground since January 6th to make this project a success at any cost and it is of the utmost importance to our company.

    As we have emphasized on numerous occasions that the data is of utmost importance and since we have had no communication from the IEBC with regards to the delivery of the promised CSV files today at 16H00, Face have no choice than to officially inform the IEBC that the data segmentation process completion will go beyond February 28th.

    Since the CSV files are not available to continue with the data segmentation, we respectfully request the IEBC to take cognizance of the possible implications of not having the poll book data ready on March 4th.
    As seen in my e-mail during the early hours of this morning, and our meeting this morning at IEBC HQ, we have once again demonstrated our commitment in finding a solution to the problem faced by the IEBC whereby possible office space and infrastructure at IEBC HQ might be used to ease the pressure on the data copying bottleneck. Using this infrastructure would have eased the bottleneck currently experienced by the IEBC to deliver data to the facility and speed up the data copying.

    Ten hours has gone past without a single update on this request and for a second time today FACE respectfully request the IEBC to take cognizance of the possible implications of not having the poll book data ready on March 4th.

    FACE have taken the initiative again to simulate the network we proposed by purchasing network hardware and set up this infrastructure in our hotel rooms. Again this highlights the Face commitment while we wait for our requests which fall on deaf ears or non-commitment from the IEBC. We are now convinced that the IEBC is not familiar with the consequences of the lack of providing the request data and infrastructure.

    We emphasised again we are jointly faced with a colossal challenge on the data segmentation and this is not because of any default on the part of Face. We respectfully request the IEBC to do everything in their power to manage the data preparation for the segmentation process with utter urgency.

    Jake Ellis
    Face Technologies (Pty) Ltd
    1st Floor, Block B, Southdowns Office Park cnr John Vorster and Karee Streets Irene 0157 South Africa
    PO Box 25558, Monument Park, 0105, South Africa
    +27 12 003 3109 (direct line)
    +27 (0)12 643 4100 (switchboard)
    +27 82 411 5424 (mobile)
    +27 12 665 4947 (fax)
    e-mail:jake.ellis@facegroup.co.za
    website:www.face.co.za

    ______________________________________________________________________
    This outbound email has been scanned by the IS Mail Control service.
    For more information please visit http://www.is.co.za

    Check this…. might clear some perspectives

    Laptop Solution Specifications
    The Summary of these hardware specifications are at a higher matching than the handheld device with regards to hardware specification.
    1. Description: 13.3”TFT LCD computer
    2. Atom 1.87 Ghz Dual Core D2550 IC,
    3. Intel NM10 chipset,
    4. 4GB DDR RAM
    5. Graphic: Integrated GMA3600
    6. 160 SATA HDD
    7. Realtek HD Audio chip
    8. WLAN 802.11 b/g/n wireless LAN
    9. 10/100Mbps Ethernet
    10. 3 X 4,400mAH batteries
    11. Included Window 7 License

    Functionality Specifications and Requirements

    The required functionality are matched as per Specification and all the functionalities that was provided on the handheld device were retained.

    Main Differentiators

    1. Higher Processing Capacity and Memory
    1. The laptop has close to 2 x times higher processor chip capacity.
    1. A single core 1 Ghz Handheld vs a dual core 1.87 GHz on Laptop. This will reduce the machine interaction with voters from around 10 seconds to around 3 seconds and allows queues to move faster through on Election Day.

    2. The laptop has 4 x times the Memory capacity

    ______________________________________________________________________

  2. This is just for show. These people know too much about what happened, and nobody will risk having them talk. I predict that at most there will be one or two court appearances and then the issue will disappear.

    • I think sam shollei the standard group CEO is BOSS’s boss. what I suspect is that the two shollei’s may be related which makes for one big corrupt family.

  3. Mzee,

    Please do not worry about the fate of Isaak Hassan. He will go down the Kivuitu way at the right time. My MIGHTY God is on the case of Isaak!

    Just wait!

  4. When we told Mr. “I’m not dead” Oswago to go slow he thought that it was a joke. We knew that Hassan and the Jubilee gang would throw him right under the bus when the right time came. He was the greatest defender of the March 4th fraud and and will now learn that thieves have no honor even among themselves. This was the guy responsible for throwing out all CORD officials from the Bomas tallying center. Honestly, he made his bed.

      • Adongo,

        This underscores exactly why the IEBC should be disbanded. They are at it again! Conducting secret but skewed voter registrations already rigging the 2017 elections right under the nation’s nose.

        Continuous voter registrations must be conducted NATIONWIDE and not just in the two Jubilee Strongholds. They must be well publicized and not chaperoned by select sections of the provincial administration – county commissioners who are mobilizing the “right voters” to register. This state-orchestrated disenfranchisement by a state body (IEBC) is frankly ridiculous and some heads must roll for these unconstitutional measures that do not promote fairness and national cohesion.

      • This secret voter registration is probably in readiness for the Nairobi governor seat. IEBC is gearing itself for a heavy backlash. Coalitions are fluid, nothing remains the same in politics, they need to be very careful how they skew themselves.

      • job & others,

        I hope some M.Ps like those noise makers from CORD can take something concrete like this secret voter registration to parliament. In fact the parliamentary committee who listened to IEBC announce their secret registration of voters should be forced to make a statement about this in parliament as soon as the recess is over.

        We need CORD parties to focus on doable things and not just be all over the place complaining. Take an issue like this to parliament and demand action be taken against this terrible action by IEBC. Kenyans would support CORD on something like this.

        There are a number of wrong things here.

        1. Registration of voters must at all times be done all across the country. IEBC cannot be allowed to have selective secret voter registration in particular constituencies. What criteria does the IEBC use to determine the favoured constituencies.

        2. Secret registration like job pointed out means that the mobilization of those being registered must be outsourced to some people or entity otherwise how the hell would anybody know there is a voter registration going on somewhere. So who are bringing people in for IEBC to register. And where exactly are the registrations taking place? IEBC cannot be allowed to be soo casual with such an important task.

        3. IEBC claims they are spending Kshs 18 million to do this secret registration. What exactly are they using the Kshs 18 million for? It is there staff doing their regular job. Do they get paid extra for going to work?

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