Kenya: Supreme Court Struggles With Written Opinion In Dismissed Raila Petition
from: Samuel Omwenga
http://omwenga.com/2013/04/12/supreme-court-struggles-with-written-opinion-in-dismissed-raila-petition/
Supreme Court Struggles With Written Opinion In Dismissed Raila Petition
I have learned from a reliable source the Supreme Court has been struggling to put together a written opinion not so much so to convince us Kenyans that their decision was right but to avoid being viewed with disdain among the international jurisprudential community.
The Court's primary concern is having been recently heralded in both Kenya and in international circles as an emerging model of African jurisprudence operating in an independent environment without interference from outside, that notion is on balance and how the court explains its decision will determine whether that notion still holds or not.
In other words, whether the Court is deemed to be finally independent and judicious all depends on its written opinion, an opinion I have also learned from a different source will be issued on Tuesday.
There are a number of factual contradictions flying in the face of the Court's decision that the Court must convincingly explain but one that stands out the most, is the Court's own re-tallying which clearly shows inflation of votes in Jubilee strongholds and deflation of votes in Cord strongholds.
Although the numbers evincing this was small in the pre-decision partial results for the Court to get away with dismissing as "insignificant," which is laughable, anyway, as each vote counts, it is believed the final results of the Court's own ordered re-tallying shows an inflation and deflation of numbers the Court cannot possibly dismiss as insignificant and thus the reason many are dying to see what the explanation is.
I can confidently state based on what I know there is no explanation the Court will provide that can make sense even to those propagating it.
But something must be offered as an explanation and what that is is what we await knowing it'll have a direct bearing on the Court's credibility as the final arbiter of justice in our beloved country.
Peace, Unity and Truth
Omwenga
Kenya: Stealing of presidential votes for Uhuru Kenyatta was the easy part
By Gordon Teti
Stealing of the presidential elections for Uhuru Kenyatta was the easy part. Kenya and Kenyans have moved on from the days of Jomo Kenyatta and Moi regimes when a president would dictate to the ordinary Kenyans and their elected leaders. The elected Governors in the 21st century will not allow to be dictated upon like we saw Kibaki lecturing them like idiots. They walked out in protest; all of them irrespective of political parties.
The next phase of the liberation movement following the rigging of Uhuru Kenyatta to the presidency, which involves the implementation of the devolution clause in the new Kenya Constitution will be a defining moment for those who believe that Kenya must move FORWARD.
My fellow Kenyan citizens, given what we saw in Naivasha during the induction of the newly elected Governors, CHANGE IS COMING TO KENYA.
WATCH the VIDEO:
KENYA: POLICE BAN DEMOS A HEAD OF RULING
From: Judy Miriga
Good People,
My worse fears is, in 2007/8 the police were found to have been in the offense and a big number of those murdered, were innocent people who were killed from their houses.
This kind of statement is worrisome and it causes lots of fears. Without police reform, and with this kind of public warning, police cannot be trusted where police is suppose to provide security of all..........
The world, more specifically President Obama with UK Prime Minister, David Cameron, should keep a closer watchful eye from any provocation and make sure that Kenyans stay safe from any attacks in the eventualities of Supreme Court Rueling and that, there is no repeat of 2007/8 casualties.
Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA
http://socioeconomicforum50.blogspot.com
- - - - - - - - - - -
--- On Fri, 3/29/13, Fred Osewe wrote:
From: Fred Osewe
Subject: POLICE BAN DEMOS A HEAD OF RULING
Date: Friday, March 29, 2013, 11:28 AM
"Calmness" is a word that has over and over been misused in Kenya, in the recent past, by both that meant well- and- evil for the nation. Least of all top in the list, of those that should not use this word are, Kibaki and Uhuru. For one, Kibaki started the lawlessness path, Kenya, happen to find itself in today- in 2007/08 by working with the now disbanded ECK to manipulate elections results, thereby stealing Kenyans their Sovereign right, only for later, to in an extremely lawless way, swear himself to power at the statehouse at midnight, an act which for external intervention, to restore back peace in Kenya, Uhuru has not only with the help of IEBC repeated the same, this time round, but has moved even a step further to assume the role and powers, of the presidency, in an even more disputed election, in total disregard of the law. What now remains, to be addressed, is whether or not the law, will come out in full force to protect Kenyans. Or Kenyans to restore law in the best way they know how! And looking around, Kenyans taking care of the forces personnel that violate their rights is not just a common thing, but is as well on the increase. And reaching, Kibaki, Uhuru, Kimaiyo and the rest, will be the easy part!
In politics, if you want anything said, ask a man- if you want anything done ask a woman.
From: Maurice Oduor
Sent: Friday, March 29, 2013 8:37 AM
Subject: POLICE BAN DEMOS A HEAD OF RULING
I would advise all Luos who live in heavily Kikuyu areas to not stay home on Saturday. The Kikuyu anger on Saturday will be unbearable.
Courage
On Fri, Mar 29, 2013 at 9:23 AM, fred O aboge wrote:
old habits die hard! The new constitution protects the right to demonstration! This is just as illegal! As long as demonstrations are peaceful orderly and no one is rioting, they have no business "banning" demos!
On Fri, Mar 29, 2013 at 8:09 AM, Samuel Omwenga wrote:
People are starting to lose it even before the Supreme Court makes it official March 4th elections were rigged.
Let's just hope they confine their anger to these forums and not on the ground.
Peace, Unity and Truth
Omwenga
On Fri, Mar 29, 2013 at 9:06 AM, Timothy Kihara wrote:
I totally agree they know as :
They know the idiots who think other proples property to be polling station to burn!
They also know the kings and queens of demonstration
They also know the tin gods of lies and distorters of truth who will cry the decision was hacked and changed before reading!
They also are privy to the foreign master's warning who have realised their stooges might go no where come Saturday's ruling despite insisting rejected votes be part of tallying!!!
Take kidero's miserable advise - buy helmet if you intend to go near SC kesho.
Ukivaa ile ya mkeka kama unaenda city stadium ama nyayo usilaumu mtu more so yours truly.
Enjoy your Friday.
On Mar 29, 2013 3:42 PM, "Joseph Lister Nyaringo"
wrote:
What is behind the banning of demos by police a head of Supreme Court ruling where they have cited hot spots in the Country? Is this a reflection of being privy to the likely court ruling? Just a thought.
Joseph Lister Nyaringo - North America
www.listernyaringo.org
http://listernyaringo.blogspot.com/
In prosperity our friends knows us; in adversity we know our friends.
John Churton Collins
Lawyers: Vote re-tallying revealed discrepancies
Updated 3 hrs 21 mins ago
By Standard Digital Reporter
Nairobi, Kenya: The re-tallying of votes from 22 polling stations and an audit of all Forms 36 used in the March 4 election revealed errors that were disclosed to the Supreme Court on Friday.
Lawyers representing electoral officials immediately dismissed these "clerical errors" as insignificant to the final outcome.
Lawyers representing petitioners said the scrutiny revealed there were ten missing Forms 34 out of the 18,000 looked at in the re-tally. There were also errors in some of the Forms 36 used to declare results at the national tallying centre.
Form 34 is the statutory Declaration of Results at Polling Station in respect of the Presidential Election. Form 36 is the Declaration of aggregated tally of Results in a Constituency/county in respect of Presidential, National Assembly, County Women Representative, Senator, Governor and County Assembly Representative elections.
Lawyer Kethi Kilonzo, representing Africog, singled out Laikipia West constituency where the team said they got two Forms 36 hence "were not able to verify the votes cast". Uhuru got 70,760 votes in the area.
She took issue with the fact that ten Forms 34, all for polling streams in different constituencies, were not provided to the scrutinising team.
“Under article 138 (4) a candidate must meet two thresholds of getting more than 25 per cent of votes cast in more than half of the counties and 50 percent plus one of the total votes cast,” she added. “The IEBC were under responsibility to tally and verify all 33,400 polling stations. The formula is mathematical and the constant is 'all votes cast'. If there are Forms 34 missing, where are they and what are the results of those?"
She pointed out that the results were compiled by March 5 adding: “Even if returning officers were walking to Nairobi they would have reached by now,”
She said the IEBC made a decision to announce the winner without completing tallying from all polling stations.
“Even if it was one polling station, the chairman could not announce the results without that form in his hand,” she added, “In the 10 constituencies can the court state with certainty what the results were?”
She said with the results of the scrutiny ordered by the court, the judges should ask if the constant formula of tallying all votes cast had been used.
She asked the court to decide if the IEBC carried out its mandate as required by law and whether its declaration of winner should be upheld.
Lawyer George Oraro representing Prime Minister Raila Odinga said there were grave errors in Forms 36 from seven constituencies. He said in some instances, there were two Forms 36.
He said there were "huge discrepancies" in the Forms 36 used in the final tally of presidential results and added Uhuru Kenyatta could not have garnered the 50 per cent plus one vote based on the errors.
But the Independent Electoral and Boundaries Commission through lawyer Nani Mungai said the discrepancies in Forms 34 and Forms 36 were explained by Returning Officers in affidavits filed in the case.
Lawyer Fred Ngatia for Uhuru Kenyatta said there were clerical errors across the country but added they were not substantial.
“Voting, counting and tallying of the presidential election was done to a substantial degree of accuracy,” he said.
Lawyer Katwa Kigen representing Deputy-president elect William Ruto said the elections were conducted fairly.
“The elections were conducted by humans and humans commit errors, mistakes and oversight but in this case they are insignificant and do not suggest malice or collusion,” he said.
Chief Justice Willy Mutunga said they have retreated to write the judgment and will deliver the ruling on Saturday
Police ban demos ahead of court's ruling
Inspector General of Police David Kimaiyo addresses a press conference in Nairobi on March 29, 2013. He is flanked by Samuel Arachi. PHOTO / ANN KAMONI
By JOHN NJAGI jnjagi@ke.nationmedia.com
Posted Friday, March 29 2013 at 13:44
Police have vowed to crackdown on planned demonstrations across the country ahead of Saturday's ruling by the Supreme Court ruling on an presidential petition filed by Prime Minister Raila Odinga.
Inspector General of Police David Kimaiyo said they are aware of people who plan to hold demonstrations regardless of how the Supreme Court rules on the petition.
The police have consequently banned any assembly outside the premises of the Supreme Court on Saturday and instead urged the public to follow the proceedings on television.
“This should not be construed as denial of right to association, but a precaution to ensure criminal elements do not hijack such demonstrations to engage in lawlessness,” he said.
Mr Kimaiyo, in a security briefing at his office, cited Nairobi where supporters of both the Coalition for Reforms and Democracy (Cord) and Jubilee Coalition plan to converge outside the Supreme Court when the judges will be reading out their ruling.
According to the Inspector General, the planned demonstrations are being co-ordinated by non-governmental organisations.
Mr Kimaiyo advised NGOs seeking to engage in demonstrations to first seek police security.
Katiba La Mwananchi is one such organisation that has been warned not to engage in demonstrations, because it lacks the capacity to ensure security of its members and ward off criminals who may take advantage of the occasion.
At the same time, the police boss said they have gathered evidence on some people who are distributing pangas, simis, machetes and clubs in parts of Kibera, Mathare, Dandora, Kariobangi and some parts of the Coastal region.
“We also wish to advice leaders issuing statements that are tantamount to incitement, hate speech and negative stereotyping to desist from doing so. We have noticed increased polarization of the country emanating from such statements and some are done through social media and those perpetuating this know themselves,” the police boss said.
Poll was a fraud on voters, argues lawyer
"They (IEBC) conducted the elections in total contravention of the constitution and their own regulations” Kethi Kilonzo, AfriCog lawyer. Photo/BILLY MUTAI NATION MEDIA GROUP
By PAUL OGEMBA pogemba@ke.nationmedia.com AND JOHN NGIRACHU jngirachu@ke.nationmedia.com
Posted Wednesday, March 27 2013 at 22:30
Videos were among the evidence presented at the Supreme Court on Wednesday in a petition challenging the election of Mr Uhuru Kenyatta as Kenya’s fourth President.
Two petitioners, Prime Minister Raila Odinga and the African Centre for Open Governance (Africog) laid out what they said was evidence that Mr Kenyatta was not validly elected as the hearing of the petition proper began.
Africog was the first to present its case. It alleged massive irregularities, contravention of the Constitution and violation of electoral laws by the Independent Electoral and Boundaries Commission (IEBC).
Through its lawyer, Ms Kethi Kilonzo, the civil society group showed videos of results announcement at Nyeri and Bomet counties tallying centres which Ms Kilonzo claimed were different from the final results announced by the IEBC and captured in Form 36.
“What the Independent Electoral and Boundaries Commission announced as the final presidential tally was a complete fraud since the effects of the irregularities were that what candidates got was not what they ought to have got,” she said.
For Nyeri, the organisation played a video in court in which the county tallying officer read the final results showing Mr Uhuru Kenyatta having 317,881 votes with his closest challenger, Mr Raila Odinga, getting 6,075 votes.
According to Ms Kilonzo, the final tally by IEBC showed Mr Kenyatta’s votes as 318,880 while Mr Odinga’s votes were given as 5,638. The rejected votes went down from 3,030 to 2,465.
“Form 36 presented by IEBC is filled by fraud against every individual who queued for hours to vote for their preferred candidate and the only logical solution would be to invalidate the results of the entire county,” Ms Kethi said.
“Every man or woman is entitled to one vote but the end of the IEBC conduct did not justify the means. They conducted the elections in total contravention of the Constitution and their own regulations which cannot lead to a legitimate government,” she said.
Ms Kethi gave another example of Machakos Town constituency where she alleged that the IEBC register had only 125 voters registered without biometric information but the final results showed a total of 3,182.
The court was also shown another video from Bomet County, which Ms Kilonzo claimed, showed the final presidential votes tally pinned on the wall at a tallying centre differing from the one announced by IEBC and indicated on Form 36.
Said Ms Kilonzo of another centre, Charity Primary School in Kieni constituency: “The principle register... had only one registered voter, but the result shows Mr Kenyatta got 310 votes. Even the returning officer did not indicate how many registered to vote or the results of other candidates”.
She added that the IEBC cannot say it did not break the law since it went against its own promise to deliver results within 48 hours, adding that the electronic transmission failure was IEBC’s own making to enable stealing of votes.
“We cannot understand the mischief behind the system failure since it was not for the benefit of the commission but for the people of Kenya to ensure a free, fair and transparent election,” Ms Kilonzo said.
Should the Supreme Court find the election was bungled, Ms Kilonzo argued that the judges should order the Director of Public Prosecution to investigate and prosecute those involved in committing electoral offences.
The formal hearings begun with the judges announcing that they had distilled all the issues presented by the lawyers, who couldn’t agree on what the judges should decide, and condensed them into four.
The first Issue is whether Mr Kenyatta and William Ruto were validly elected in the presidential election.
Second is whether the presidential election was free, fair and transparent and in compliance with the law.
Third is whether the rejected votes ought to have been considered in calculating the final percentages.
The final one is what orders the court should make after determining the three issues.
Oraro: Report confirms elections results doubtful
Updated 1 hrs 53 mins ago
By Wahome Thuku
Nairobi, Kenya: Prime Minister Raila Odinga says the scrutiny of results initiated by the judiciary has confirmed his cases that there were massive discrepancies in the tallying of presidential elections.
His lawyer George Oraro asked the Supreme Court to use the report to find that the elections results were not credible.
“You can’t rely on results as provided by the IEBC because even from exam of 25 polling stations you have variation of 3,347 additions between form 34 and 36,” Oraro told the court.
Oraro pointed out that the report did not throw a lot of light in this scrutiny since not all forms 36 had been scrutinized.
Raila asked the judges to consider the scrutiny as override all other submissions in the cases since it had been initiated by the court itself.
There were grave errors in documents from several constituencies.
Some had two forms 36 and others had varying number of voters yet others had incomplete numbers, Raila argued.
The PM said no re-tallying had been done on report of the 22 polling stations which they had raised issues with.
The scrutiny was based on the registered voters in the principle register provided by the IEBC.
“Even after the registers were closed there were still registrations of voters. No green book or special register was produced in court,” Oraro claimed.
He noted that according to the report forms 34 were missing from 10 polling stations.
“Neither ourselves nor this court have been provided with these form 34,”
He added, “You have remarks of more voters than those registered irrespective of where you are looking at.”
He said if the variances were considered the results would be that the winning candidate would not get 50 per cent plus one votes.
Kenya: Votes Re-tallying Ordered
From: Judy Miriga
Good People,
IEBC is accused to be opaque and it seems they are applying the same on the flow of the Court. They seem to be blocking supportive affidavit of the same petition. The affidavit of petitioners given is understood to be explaining in answer to questions that arose on the flow where the petitioner is forced to provide more information to be understood. Additional information of facts arising therefore is also not a crime Oraro explains to Ngatia and that does not mean that the affidavit is a new case petition. Oraro contributions does not seem to have contradicted Rules for engagement, it is observed.
Ms. Kilonzo offers determination that IEBC contravened constitution and law but is being obstracted by Ahmednasir to be opening a floodgate, and interjects that if one wants to open a floodgate then let it be open wide.......and a Judge on the bench with a statement that time-frame is of essence dismissing the matter to be discussed by the Counsel Although all top representatives were served with Ms. Kilonzos notice.............Wow.....!!! CJ Justice politely demands that Ms. Kilonzo present her case tomorrow.
This case is a public matter, CJ Mutunga keeps reminding the Counsel.....
Ruling will be delivered tomorrow on this matter.
Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA
http://socioeconomicforum50.blogspot.com
- - - - - - - - - - -
--- On Mon, 3/25/13, Eric W. Mburi wrote:
Summary
The Cord response can be summarized into the following:
a) Inaccurate transfer and inflating of votes from Form 34 to Form 36:
CORD provides numerous examples of how the number of votes entered in IEBC Form 34 was changed when entered into Form 36. For example, in Mogongo Primary School polling station in North Mugirango Constituency the original Form 34 figure of 3 votes for Uhuru was entered as 236, an additional difference of 233 votes; Lemelepo Water Project polling station in Kajiado North Constituency shows that while Form 34 originally indicated 2740 for Mr Kenyatta, this figure increased by 264 votes to a total of 3004 in Form 36.
CORD also cites similar examples from Garsen, Igembe Central, Chuka Igambang’ombe, Manyatta, Ol Jorok, Mukurweini, Kabete, Kapseret, Tinderet, Tiaty, Kajiado North, Chepalungu, Konoin, Luanda, Funyula among others.
b) Inflating of votes for Uhuru Kenyatta in form 36 in the Final Tally:
An affidavit sworn by ODM executive officer Janet Ongera also presents cases where the Form 36 entries were further altered to inflate Uhuru Kenyatta’s votes in the final national tally announced by IEBC at Bomas of Kenya.
Quoting examples from Kisauni, Tigania East, South Imenti, Runyenjes, Mavoko, Othaya Nyeri Town, Kiharu, Lari, Kajiado West, Lurambi, Hamisi, Mr Elgon
Webuye West, Seme, North Mugirango among others, CORD exposes a “scheme of inflation” of Uhuru’s votes in the figures announced in Bomas.
Among quoted examples is Lari Constituency where results entered at the Constituency tallying centre and the ones announced in Bomas show an increase of 1,367 for Uhuru Kenyatta. South Imenti is shown to have announced 62,481 at the Constituency’s Form 36 and 63,271 at Bomas National tally giving Uhuru Kenyatta 790 additional votes.
In Kisauni, Uhuru Kenyatta gained an additional 528 votes. While Form 36 indicates 10,366, IEBC’s final tally at Bomas indicates 10,894. In Mt Elgon, Uhuru gained an extra 500 votes (Form 36 shows 28,786 while the Final Tally shows 29,286).
c) Reduction of Raila Odinga’s Votes
Raila Odinga’s votes were also reduced in Form 36 logs (Constituency results) in spite of Form 34 (Polling Station Results) indicating he had a higher number of Votes. Examples are attached from 38 constituencies where Raila Odinga’s results at the polling stations (Form 34) were tampered with and reduced when the final constituency results were lodged into Form 36.
The 38 constituencies include Kisauni, Bura, Matayos, Tigania West, South Imenti, Manyatta, Runyenjes, Kitui, Makueni, Mathira, Juja, Nyeri Town, Turkana Central, Samburu, Aldai, Tiati, Baringo Central, Laikipia West, Laikipia East, Kajiado North, Chepalungu, Mumias East, Shinyalu, Luanda, Emuhaya, Sirisia, Webuye West, Tongaren, North Mugirango, Othaya, Roysambu among others.
d) Use of Electronic Voting
In his reply, Odinga also states that
i. the use of technology in the elections was intended to act as a check and control system and its failure affected the results fundamentally.
ii. that the explanations given by the IEBC downplaying the failure of the system and its effect on the elections “takes the common intellect of the people of Kenya for granted”
iii. that the IEBC explanations about the failure of the system are not factual
Mr Odinga also has attached a sworn affidavit from an ICT expert whose testimony shows that the Kencall Relationship with IEBC and TNA compromised data management.
a) Kencall EPZ used a single IP address 196.1.26.40 for both the IEBC and Uhuru’s Kenyatta’s TNA. In its evidence CORD says Nicholas Alexander Nissbit (A Kencall Director) does not deny the fact that both the IEBC and TNA were hosted and operated on a single IP address as has been claimed by CORD. They also will provide proof that Kencall EPZ Limited, in reality was a call centre that was used as a gateway that linked the First Respondent’s database titled African Focus and accessed through the following web address or URL https://www.intranet.kencall/apps/iebc and The National Alliance (TNA) database known as Market Race CRM and accessed through the web address or URL https://www.intranet.kencall/apps/tna.
b) The IEBC by agreeing to this arrangement compromised the elections on the basis of requirements for a an impartial, neutral, transparent, efficient, accurate, accountable and verifiable manner.
e. IEBC System Failure Explanation – NOT FACTUAL
a) Claims made by the IEBC have no basis whatsoever as regards to alleged failure of the technology according to CORD’s expert witness affidavits. One expert describes the IEBC claim that the server failed as “entirely preposterous”.
b) CORD’s Spanish expert’s affidavit describes as either “pure fiction” or “entirely inconceivable” IEBC’s claim that the batteries of the hand held devises used at the polling stations for bio metric identification of voters either failed or were not charged or could not hold charge for a sufficient period of time
c) The CORD experts’ affidavits will also present evidence to show that IEBC claims that the transmission system failed due to data overload has no basis in technology terms in this day and age.
d) CORD also questions IEBC claims that their officers has forgotten passwords does not make sense as there exist mechanism in place for password reminder which standard technology industry practice as seen worldwide on social network websites like Facebook.
e) CORD will also present a sworn affidavit by an International Technology expert who states “This system in my personal knowledge, has the capability to deliver up the election result within a period of around 4 hours with very negligible error”.
f. Voter Registrar:
The Petitioner also contends that:
i. IEBC has failed to present a closed register for the March 4th Elections.
ii. IEBC resolve that “a special register is to be generated and will be used to allow the voters to vote” but never presented any proof or minutes of a meeting where this special register was finally approved and when it was gazette.
iii. A questionable voters register cannot be a foundation of a free and fair election conducted in accordance with the law.
iv. IEBC own staff and figures show incidents where IEBC allowed votes that exceeded the number of registered. This latter category of incidents include; Lomerimeri polling station in Tiaty Constituency where the form 36 itself shows 68 registered voters against 163 valid votes cast; King’atua Primary School in Lari Constituency where the form 36 itself shows 319 registered voters against 762 valid votes cast; Boroon Primary School in Marakwet West Constituency where the form 36 itself shows 218 registered voters against 228 valid votes cast.
CORD petition through various documents finally seeks to show that President Elect Uhuru Kenyatta did not meet the 50 + 1 threshold, and the declaration by IEBC was the result of inaccurate tallying and unwarranted additional votes
Ja'kamburi
2013/3/25 Maurice Oduor
Salaaaaaale !!!! Mtume !!!!
Huyo Mkuu wa Sheria ingefaa asuhusishwe humo kabsa !!! The Attorney-General Githu Muigai is Uhuru Kenyatta's cousin. He is only there to help Uhuru and not to be objective in the process.
Courage
Supreme Court orders retallying of presidential poll results in 22 polling stations
The Supreme Court on Monday ordered re-tallying of the presidential results in 22 polling stations using Forms 34 and 36 so as to determine the numbers of votes cast over number of registered voters.
The exercise will commence on Tuesday from 8am.
In the ruling, Justice Smokin Wanjala said the retallying would aim to show if the number over votes cast exceeds the number of registered voters.
Justice Wanjala also ordered that the results from the 22 polling stations be filed at the Supreme Court registry by Wednesday 4pm after re-tallying.
The court also ordered that all the representatives and agents from the petitioners and respondents in the recount process to take an oath.
The court also approved the application by the Attorney General to act as 'a friend of the court' in presidential petitions but dropped the Law Society of Kenya (LSK) application.
The judges also consolidated three petitions and allowed the Cord petition to take lead.
Early in the day in his opening remarks, Chief Justice Willy Mutunga said the judges will be objective in its ruling on the petition.
"We as judges are servants of the law. We shall be objective," he said.
"Supreme court to remain objective. Public should trust us to do our job. Justice should manifest to be done," he added.
Dr Mutunga also urged Kenyans to accept the final decision that will be arrived at by the Supreme Court and move on.
"Whatever decision emerges from this petition, we must march forward," he said.
While addressing the court, Attorney General Githu Muigai sought to be enjoined in the petition as amicus curiae or a friend of the court.
"We can only be enjoined in the case on the discretion of the Court," said AG Muigai.
However, Mr Odinga has filed an objection to the Attorney General joining the presidential petition.
AG Muigai also argues that his appearance in petition is not to support any party but to lay down law as it is with authorities from across the globe.
"The AG's role is to elucidate on legal issues, not to support any side," he said.
However, IEBC boss Issack Hassan's lawyer Ahmednassir Abdullahi said his client had no objection with the appearance of AG in the petition.
However, IEBC boss Issack Hassan's lawyer Ahmednassir Abdullahi said his client had no objection with the appearance of AG in the petition.
Lawyers Katwa Kigen and Fred Ngatia also have no objection to AG being enjoined in the petition.
Notably, lawyer Kethi Kilonzo for Africog argued that issues before court do not require an interpretation of the law to warrant inclusion of the AG.
However, Cord's lawyer George Oraro argued that the AG has applied to be enjoined without request from the court or any party.
"The AG has misinterpreted circumstances under which he can apply to be enjoined in cases before court," he said.
"An election petition is not a civil proceeding. The government is not defined in the Constitution but state is defined," he added.
Mr Oraro argued that in relation to this petition the AG can be enjoined by the Constitution to to assist the IEBC.
However, AG Muigai disagreed with Mr Oraro and argued that the petition was a civil matter.
AG Muigai argued that as amicus curiae, his office will not impose views on the court hearing Cord's petition against President-elect Uhuru Kenyatta.
"I have not advised the president-elect, contrary to claims by lawyer George Oraro," he said.
Lawyer A.B Shah also lodged an application for the Law Society of Kenya (LSK) to be enjoined in the petitions before the Supreme Court as amicus curiae.
However, LSK faced opposition on its application to be enjoined as amicus curiae in presidential petitions by parties before Supreme Court.
Mr Oraro opposed the inclusion of the LSK in petition arguing that the society is partisan.
Lawyer Fred Ngatia representing Jubilee Coalition also opposed inclusion of LSK as amicus curiae the society was an observer in the General Election.
Mr Ngatia also argued that LSK is on record 'supporting a petitioner.'
During the submission, political activist Nazlin Umar disrupted court proceedings for several minutes at the Supreme Court as she attempted to address judges over an application she had filed.
Ms Umar said as the "Wanjiku's" lawyer, she was disappointed that her application has been ignored.
However, Dr Mutunga said that the Supreme Court will not hear or deal with any petitions, requests or submissions that were done past the allowed time.
Petition consolidation
During the submissions, Jubilee's lawyer Mr Ngatia argued that a couple of preliminary issues had to be addressed before the hearing of the petition.
Also, AG Muigai advised the court to give the parties involved time to come up with a conclusive mechanism of what may be required for progress.
Mr Ngatia argued that the petition by Cord only raised one issue.
"The court should consolidate all the petitions and marry all the related issues raised by petitioners and respondents," he said.
Lawyer Njoroge Regeru argued that the petitions consolidation were sensible and will lead to arguable case and speedy resolution.
Africog's Counsel Keth Kilonzo also argued that matters of fact and matters of law should be consolidated to allow a reasonable suit.
However, Mr Oraro said the consolidation of the cases including respondent number three may not hold.
Mr Ngatia noted that petitions 4 and 5 had similar issues, contest and engagement and thus could be consolidated.
Lawyer Ahmednassir Abdullahi also argued that petition number 5 bore more weight than 3 and 4 and should be given preference.
Petition mutations
Mr Ahmednasir also asked the court to give directions on the type of petitions to be followed.
Mr Ahmednasir argued that his client, Mr Issack Hassan was concerned with continued mutation of the presidential petitions, hence, affecting its expediency.
Mr Ngatia also requested the court to give guidance on the petitions to avoid the mutations.
"There's new evidence being introduced and this means the defence teams must be given time to respondents to all affidavits," he said.
"There are 122 new electoral areas that are being introduced by the petitioner which bears grave consequences on time," he added.
However, Mr Oraro argued that it is within the provisions of law to file new evidence as the hearing continues.
On his side, lawyer Harun Ndubi argued that the introduction of affidavits is important at any point.
The judges, led by Dr Mutunga, could either dismiss the petition, order a re-count of the presidential votes, settle on a re-run, or rule that the whole process begins afresh with the registration of voters.
The actual hearings of the petition are expected to start on Thursday and could continue un-interrupted until concluded.
Apart from the petition filed by Cord's presidential candidate Mr Raila Odinga challenging the declaration of Jubilee's candidate Mr Uhuru Kenyatta as winner of the presidential election, there is another filed by a civil society group, the African Centre for Open Governance (Africog).
Also before the court is a petition filed by some members of Mr Kenyatta’s campaign team, social media activists Dennis Itumbi and Moses Kuria and a third person, challenging the inclusion of spoilt ballots in the calculation of votes attained by each candidate.
The objections raised by Mr Kenyatta and Deputy President-elect Mr William Ruto, the Independent Electoral and Boundaries Commission (IEBC) and its chairman Issack Hassan, will also be narrowed down to what will be argued verbally in court.
SADC Statement on Zimbabwe Constitutional Referendum
From: Abdalah Hamis
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SADC ELECTION OBSERVATION MISSION TO THE REPUBLIC OF ZIMBABWE
STATEMENT BY HON. BERNARD KAMILLIUS MEMBE,
MINISTER OF FOREIGN AFFAIRS AND INTERNATIONAL COOPERATION OF THE UNITED REPUBLIC OF TANZANIA
AND
HEAD OF THE SADC ELECTION OBSERVATION MISSION TO THE CONSTITUTIONAL REFERENDUM IN THE REPUBLIC OF ZIMBABWE HELD ON 16 MARCH 2013
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· The Zimbabwe Electoral Commission (ZEC);
· Esteemed Leaders of the Political Parties;
· The Select Committee of Parliament on the New Constitution(COPAC);
· Honourable Ministers;
· Honourable Members of Parliament;
· The Executive Secretary of SADC;
· Members of the SADC Electoral Advisory Council;
· The SADC Facilitation Team;
· Members of the Diplomatic Corps;
· Religious Leaders;
· Members of Civil Society;
· Esteemed Members of various Election Observation Missions;
· Esteemed Members of the Media;
· Distinguished Guests;
· Ladies and Gentlemen
It is indeed an honour and pleasure to welcome you all to this important event, the presentation of the SADC Election Observation Mission (SEOM) Statement on the Constitutional Referendum in the Republic of Zimbabwe.
INTRODUCTION
SADC being one the Guarantors of the Global Political Agreement (GPA) has noted with appreciation the implementation of Article 6 of the GPA which outlines the processes and timeframes leading to the holding of the Referendum.
It is against this backdrop and in accordance with the SADC Principles and Guidelines Governing Democratic Elections that the Southern African Development Community (SADC) was invited by the Government of the Republic of Zimbabwe to observe the Referendum held on 16 March 2013.
In light of the above, the Chairperson of the SADC Organ on Politics, Defence and Security Cooperation, His Excellency Jakaya Mrisho Kikwete, President of the United Republic of Tanzania, officially constituted the SEOM to the Republic of Zimbabwe and mandated the SADC Executive Secretary, Dr.Tomáz Salamão to facilitate the administrative and logistical support for the Mission.
The Chairperson of the SADC Organ on Politics, Defence and Security Cooperation appointed me, Bernard Kamillius Membe, Minister of Foreign Affairs and International Cooperation of the United Republic of Tanzania, to head the Mission.
The SEOM was officially launched in Harare, Zimbabwe,on 10 March 2013.
After days of intensive work, the SEOM has the honour to deliver its statement on the outcome of its observation of the Constitutional Referendum in Zimbabwe.
THE ROLE OF THE SADC REFERENDUM OBSERVATION MISSION
The Mission derives its mandate from the SADC Principles and Guidelines Governing Democratic Elections, which emanate from the African Union (AU) Declaration on the Principles Governing Democratic Elections in Africa and the AU Guidelines for African Union Election Observation and Monitoring Missions.The Mission also worked within the legal framework of the Republic of Zimbabwe.
In developing the nature and scope of our observation, the Mission sought to determine the existence of the following pre-conditions for a credible referendum:
(i) Constitutional and legal guarantees of freedoms and rights of citizens;
(ii) Conducive environment for free, fair and peaceful elections;
(iii) Timeous announcement of the referendum date;
(iv) Neutral location of the polling station;
(v) Counting of the votes at the polling stations
During the launch of the SEOM, Observers were directed to adhere to the SADC Principles and Guidelines Governing Democratic Elections in the performance of their duties. Emphasis was placed on the following:
That the Observers must comply with the laws and regulations of the Republic of Zimbabwe and relevant international instruments governing democratic elections;
That they should maintain strict impartiality in the conduct of their duties, and shall at no time express any bias or preference in relation to national authorities, parties and organisations in the Constitutional Referendum;
That they will base all reports and conclusions on well documented, factual and verifiable evidence from a multiple number of credible sources as well as their own eye-witness accounts; and
That they should work harmoniously with each other and other election observation missions/organisations in their areas of deployment.
DEPLOYMENT OF SEOM OBSERVERS
Guided by the SADC Principles and Guidelines Governing Democratic Elections, the Mission deployed twelve (12) teams of observers across all ten (10) provinces of the Republic of Zimbabwe. Observers were given the responsibility to observe the Constitutional Referendum and to give comprehensive accounts of their findings in their areas of deployment in order for the Mission to provide an informed assessment.
The SEOM deployed seventy eight (78) observers drawn from various sectors of SADC Member States including Members of Parliament and civil society.
CONSULTATIONS WITH STAKEHOLDERS
In discharging its duties, the SEOM interacted with the relevant stakeholders in order to gather information on various aspects of the referendum. The stakeholders included inter alia:
Parties to the Global Political Agreement
Other political parties
Zimbabwe Republic Police (ZRP);
Zimbabwe Electoral Commission (ZEC);
The Constitutional Parliamentary Select Committee (COPAC);
Non-Governmental Organisations;
The European Union Diplomatic Mission and the Embassies of the USA, Australia, Canada and Norway;
the SADC Parliamentary Forum; and
Other Observer Missions
These interactions have assisted the SADC Election Observation Mission to understand the prevailing political environment in the country.
MAJOR ISSUES RAISED BY STAKEHOLDERS
The SEOM wishes to highlight some of the issues of concern expressed by some Stakeholders in the Constitutional Referendum. These include, inter alia, the following:
Timeous availability of resources to ZEC for preparation of the Referendum;
Concern about possible apathy;
Insufficient copies of the Draft Constitution distributed to the electorate;
Inadequate time allocated for the electorate to acquaint themselves with the Draft Constitution;
Inadequate time for some stakeholdersto conduct campaigns/civic education;
Non accreditation of some local Observers;
Poor signage and identification of some polling stations;
Inaccessibility of polling stations in some areas;
Polarised media
Isolated reports of intimidation and harassment
THE SEOM pursued some of these concerns in a systematic manner by conducting further investigations and at times sought clarification from relevant parties. Some of the responses provided regarding the abovementioned concerns were as follows:
· On timeous availability of resources for preparation of the Referendum, the Mission gathered that ZEC had received the bulk of their funding just before the Referendum. However, the Mission observed that the funding challenge did not hamper the overall Referendum.
· Regarding insufficient copies of the Draft Constitution distributed to the electorate; the Mission was informed by COPAC that 90,000 copies of the Draft Constitution, including audio and braille versions, were distributed across the country. Furthermore, the Mission learned that there were some existing mechanisms in place to access the Draft Constitution such as the COPAC website and regional offices.
· With respect to inadequate time allocated for the electorate to acquaint themselves with the Draft Constitution; the Mission noted that the electorate had between (15th of February being the proclamation of the date of the Referendum to the 15thMarch 2013) to acquaint themselves with the Draft Constitution. The Mission observed that the Referendum took place within the provisions of the GPA Article 6 and the Referendum Act, Articles 3 and 4.
· Regarding inaccessibility of polling stations in some areas; the Mission observed that due to inaccessibility of some areas, the transportation and distribution of polling materials as well as the polling officers was airlifted by ZEC.
· The SEOM noted reports of isolated cases of intimidation and harassment in some areas and in particular in Mbare, Harare. The SEOM condemn these acts of violence and pledge to law enforcement agents to objectively deal with these matters as they arise.
PRE-REFERENDUM PHASE
The Mission observed that the pre-referendum phase was characterized by a largely tolerant and peaceful civic atmosphere. In general, ZEC, COPAC and other relevant stakeholders conducted their work in a transparent, orderly and professional manner without any hindrance.
With regards to the eligibility of voters, the Mission noted that according to the Referendum Act, voters are not required to register for the Referendum and only those who are at least eighteen (18) years old and have a national ID card, waitingpass or valid passport can vote at any polling station across the country.
POLLING PROCESS
The Mission observed that most polling stations were opened by polling officers at the official time of 07:00 and closed at 19:00 in the presence of security and Observers. Furthermore, special arrangements were made for voters with special needs, such as priority queue for the elderly, expectant and/or nursing mothers and people with disabilities. The Mission observed the professional conduct of the polling staff.
COUNTING PROCESS
The Mission observed that the counting process began immediately after the closing of the polling stations. The counting process was conducted procedurally. Furthermore, procedures for secure counting of votes were adhered to. In addition, the Mission witnessed and followed closely the counting of votes together with the polling officers without any hindrance.
BEST DEMOCRATIC PRACTICES AND LESSONS LEARNT
In the course of observing the Referendum, the Mission noted that over and above, general adherence to the relevant national legal instruments and the SADC Principles and Guidelines Governing Democratic Elections. The following best democratic practices and lessons in the Zimbabwean Referendum were observed:
Provision of adequate logistical and material support by the ZEC to ensure that all citizens of voting age were able to participate in the referendum;
Prompt accreditation of Observers;
Provision of several polling streams that expedited the voting process;
Use of indelible ink to prevent double voting;
Use of translucent ballot boxes;
High state of preparedness by the Zimbabwe Republic Police, by providing adequate security that facilitated a peaceful environment for the Referendum;
SADC ELECTION OBSERVATION MISSION RECOMMENDATIONS
Upon completion of the observation exercise, the Mission is pleased to share the following recommendations with the citizens and the stakeholders of the Republic of Zimbabwe:
Encourage the establishment of a mechanism through which funds for elections could be timely availed;
Encourage the update of the voters’ roll in time for elections;
Encourage continuous voter education;
CONCLUSION
The Mission is pleased to share its findings and observations with the people of Zimbabwe and all relevant stakeholders. In general, the Mission observed that the polling process was conducted in a peaceful, transparent and smooth manner.
The Mission has come to the conclusion that although some of the concerns raised are pertinent, they are, nevertheless, not of such magnitude as to affect the credibility of the overall Referendum.
We also wish to commend ZEC for the professional and dedicated manner in which they delivered a successful referendum to the people of Zimbabwe.
On behalf of the Chairperson of the Organ on Politics, Defence and Security Cooperation, His Excellency Jakaya Mrisho Kikwete, President of the United Republic of Tanzania and on behalf of the entire SADC family, I wish to sincerely congratulate the Government, ZEC and the people of Zimbabwe for holding a peaceful and credible Constitutional Referendum on 16 March 2013.
This is a major step in the implementation of the GPA and I therefore would like to take this opportunity to encourage the political leadership and all the people of Zimbabwe to uphold peace and stability.
Thank you very much.
Source: http://www.wavuti.com/4/previous/2.html#ixzz2NuJY1tnI
Kenya: Chaos after varsity students discover IEBC ballot materials
From: mngonge
Date: Sat, Mar 16, 2013 at 3:29 AM
Subject: Re: [wanabidii] Chaos after varsity students discover IEBC ballot materials
To: wanabidii@googlegroups.com
From: mngonge
African countries have a long way to go towards democracy
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On Sat, Mar 16, 2013 at 9:08 AM, Yona Maro wrote:
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By Jeckonia Otieno
NAIROBI; KENYA: Riots erupted at Kenyatta University’s main campus after students discovered ballot materials in one of the buildings.
Problem started earlier in the day when students allegedly discovered some unexplained business at the university’s business centre.
Before the riots could end, students had burnt a car whose owner could not be established and barricaded the Thika Superhighway forcing vehicles to resort to other routes hence a massive traffic snarl up.
According to students, the room had been marked OUT OF BOUNDS by those who were inside conducting unexplained business.
Students noted that they got suspicious after they found out that the door was marked yet there were activities associated to the currently disputed elections going on.
Inside the hall were ballot materials ranging ballot boxes, books, papers, rubber stamps, jackets and lantern lamps.
It is further alleged that the people who were inside the hall might have diffused into the crowd hence none was arrested.
National Assembly elect for Budalang’i, Ababu Namwamba, arrived at the scene and asked for investigations to be carried out speedily so that it can be established what ballot materials were doing at the university yet all the materials were supposed to be at the National Tallying Centre at Bomas of Kenya.
“This is democracy on trial,” said Namwamba adding that it is very unusual that some of the ballot materials have been used while others have not been touched which raises serious questions on the credibility o these elections.”
Namwamba further wondered why materials would be locked and barricaded inside a room with a group of people yet there was still a dispute.
“Why, the secrecy?” wondered the legislator, “I smell a big fat rat here because if IEBC received all the return forms, then what are these doing here?”
He also noted that after the materials had been discovered; neither security officers nor IEBC officials had arrived at the scene to see what was happening.
http://www.standardmedia.co.ke/?articleID=2000079405&story_title=Kenya-Chaos-after-varsity-students-discover-IEBC-ballot-materials
Open Letter to Dr. Willy Mutunga, Chief Justice and President of the Supreme Court of Kenya
From: Samuel Omwenga
In Open Letter To Dr. Willy Mutunga, Chief Justice and President of the Supreme Court of Kenya,
http://omwenga.com/2013/03/15/open-letter-to-dr-willy-munyoki-mutunga-chief-justice-and-president-of-the-supreme-court-of-kenya/
I openly share my thoughts as a concerned Kenyan with the Chief Justice concerning the cross-road our country yet again finds herself and this time we look to a legal than political solution to fix what Raila and Cord say were botched elections on account of widespread irregularities and rigging.
Peace, Unity and Truth
Omwenga
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We are calling on all the Youth to support the Youth under 35 seeking elections as Members of County Assemblies Country wide. Thanks for Supporting the National Youth Sector Alliance
nysa1@googlegroups.com
http://groups.google.com/group/nysa1?hl=en?hl=en
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Kenya: Gift For Raila
From: Kuria-Mwangi
These knuckleheads representing Raila (Kilonzo, Wako and Orengo) are crying like children over lack of documents, specifically Forms 34. Somebody, SO should give them these links or download the forms for the loudmouths and tell them to shut the hell up and go to court. They dont know how to download or was the issue locating the forms? How long will I be expected to assist Wako, Kilonzo and Orengo? Tell them to go to work shut the hell since I have now given them everything they wanted. They are wasting Raila's time. Everything is here for the knuckleheads
Form 34: Declaration of Presidential Election Results Files
SUMMARY OF 2013 PRESIDENTIAL RESULTS DECLARED ON 9/3/2013
http://www.iebc.or.ke/index.php/resources/downloads/category/tally-of-presidential-results
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Veritas liberabit vos
The truth Shall set you free
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http://www.facebook.com/kjmwangi
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Cord protests over petition papers
Posted 6 hours ago
The electoral commission has been unable to produce the final voters’ register used in the March 4 polls, the Cord team that has disputed the presidential election results said on Thursday...
Kenya: Plans to have Raila Odinga ousted as the Luo political kingpin is in the offing
News Analysis by a Special Correspondent in Kisumu City
REPORTS emerging from the outlaying administrative districts within the four Counties, which forms the parts of the old larger Nyanza Province have indicating that the behind the scene covert operations is in the offing in which members of the Luo community are unanimous that the time is ripe for the ousting and replacement of the ODM leader Raila Amolo Odinga with a young technocrat.
The plans is said o have received the blessing of Luo elders from all over the Four administrative Counties of Siaya,Kisumu, Homa-Bay and Migori.
The Prime Minister Raila Odinga who is now approaching his 70s year of age has thrice tried his hand at winning the presidency of this country ever since 1997 ,2007 and 2013but has yet to be fortunate enough to capture the top-most job on the land.
Senior members of the community have now a second feeling tat it is time that Odinga be replaced in readiness for the 2017 general election. This political scenario is likely to raise political temperature inside Luo-Nyanza and degenerate a lot of controversies owing to Raila Odinga enormous popularity within the community.
Several names are on the card being floated by the proponents of this scheme. They included that of the Nairobi governor-elect Dr Evans Otieno Kidero, the outspoken former Rangwe firebrand MP Dr. Shem Ochuodho, Rarieda MP Eng. Nicholas Gumbo, a Nairobi based business tycoon, Sammy Wakiaga, Suba MP John Mbadi,Rongo MP Dalmas Otieno who is the Minister for Public Services
The proponents and those floating the idea of replacing Raila Odinga with a young technocrat politicians have readily admitting that Odinga might not be too old in 2017 to have another shot at the presidency. They, however, maintained that “Agwambo’s” fortune appeared to have waned beyond repair.
Prior to his death in an aircraft crash last June, the former Ndhiwa MP Joshua Orwa Ojode who was serving the coalition government as an Assistant Minister for Internal Security ad Provincial Administration had his name on the lead.
The working relations between thef0rer abrasive Ndhiwa MP Ojode and Raila Odinga had gone sour at the time of his death following the rumors that the latter was nursing political ambition of becoming the overall. Dr Kidero a former Managing Director of Mumias Sugar Company is said to have contested and cliched the position of Nairobi-governor-elect against the wishes of Raila Odinga and some of his Luo handlers. The group advanced an argument that it was unattainable for Raila Odinga to occupy the Government House, while at the same time Dr Kidero is sitting at the helm of the City governorship.
The group had favored either Bishop Margaret Wanjiru or Jimnah for the Nairobi governor position. Dr Kidero an urbanized deployed his political dynamism and magnanimity to clinch the seat. Raila Odinga staunch supporters had viewed Dr Kidero’s bid for governorship as 'spoiler'.
Prior to the 2007 general election Wakiaga who is still in the civil service as a senior government official had shown keen interest in joining parliamentary politics in his native Mbita constituency in Suba.
Wakiaga was to contest the seat against the then incumbent Gerald Otieno Kajwang’ of the famous bado Kuna Mapambano lyrics. However, those to insight information about Mbita politics have told us that it was Raila Odinga who prevailed upon Wakiaga not to contest the election against Otieno Kajwang’ on the promises that once the ODM win the election, he Wakiaga would be considered for another more lucrative position within the ODM administration.
Wakiaga who runs a chain of businesses in both Nairobi and Nyanza is closely associated with the Mbita Ferries Limited, whose ferries are currently plying the Lake Victoria between Luanda Kotieno in Rarieda and Mbita and also between Misori in Uyoma West and Mbita as well as between Mbita town and Mfangano Islands. He is also running a chains of hotels and air-travel agencies.
Another MP whose soberly character seemed to have attracted the elders who are considering him for the future role political leadership in Luo-Nyanza is the Karachuonyo MP Eng.James K. Rege.The newly elected Seme MP Dr.James Nyikal a former PS in the Ministry of Medical services is also being mentioned .
The coming weeks will witness a lot of the behind the scene activities inside Luo-Nyanza, because of the of the proponent of the change of leadership within the community has vowed to go out flat to canvass for their proposals.
Ends
Kenya: Letter to IEBC Chairman Isaack Hassan
From: odhiambo okecth
Mr. Isaack Hassan,
Chairman- Independent Electoral and Boundaries Commission,
Republic of Kenya.
Dear Sir,
I must start by congratulating you most sincerely for presiding over the most complex and the largest ever elections in the history of Kenya.
From the outset, we must appreciate that the Commission is supposed to be Independent and to this extent, I want to believe that there were no intimidating forces exerting pressure on you and your Team.
The violence that Kenya witnessed in 2008 were largely due to errors of omission on the side of the then Electoral Commission of Kenya led by the late Samuel Kivuitu- God rest his soul in peace. Kenyans voted in their thousands peacefully just like we did on the 4th March 2013, and the Commission bangled our hopes and aspirations as a people.
I voted at Komarock Primary School on the D-Day and I made several observations which I want to share with you, because, what I saw made me think that you were not prepared for this exercise.
The lines in the school were long and apparently, the IEBC staffers did not know which line led to where. They were on no significant help to the people. I had to line up in three different ques before I decided to find out for myself where the letter T was. Then to my chagrin, I found that several alphabets were split. Like the letter S was split into two. This was very confusing and I want to believe that it was not intentional.
[image]http://4.bp.blogspot.com/-FOSir9pc2kU/UT7Kkqx3wwI/AAAAAAAADVU/IplY2XsXUZY/s1600/532624_10200171283750951_1903059426_n.jpg
The writer in a Group photo with Chairman Isaack Hassan, the PC Nairobi Mr. Njoroge Ndirangu and the IEBC Commissioners on 13th Dec 2012
The second issue I would want to ask, what became of the voter education? Did the IEBC really invest in voter education, and did the IEBC truly train their clerks to help the Team manage the Elections in an organized and professional manner? And how come we invested Kshs 9billion on gadgets that were designed to fail?
What about the Black Books that seemed not to have the same data with the BVR kits? Then, what happened to the tallying process? This was the simplest thing to do and yet, it seems to be the point where elections are either won or lost in Kenya.
It was amazing that Kenyans came out in their large numbers to elect their next CEO. What was difficult in capturing this data as honestly as they were cast. I am talking about this because after Kenyans had voted, we started seeing provisional results that reflected a huge number of votes being rejected. In fact, it became a public joke that the Rejected Votes were the Third Force in the Elections.
When your team realized this, you came out to tell the public that the high number of rejected votes was due to some bug that was multiplying the entered results by 8. Could this bug also have been able to alter results in favour of any of the Presidential Candidates? I am asking you this because when you started releasing the official results, I was tracking all those results on Excel and at all times, my tallied results which were based on what your Commissioners were reading to us never tallied with what you were posting online.
I found out that there were great anomalies on the posted results with one candidates results going up even with as much as 200,000 votes against the declared results while the other candidates figures went down below what your Commissioners had read. In fact, when your team announced the last batch of 15 Constituencies at around midnight on Friday, I was convinced that no candidate was going to get 50% plus 1. And the country was resigned to going for a Run-off.
When I went to bed at 1.30am, I was sure of a run off because the 5 Constituencies that were outstanding could not significantly alter the posted results, and your Commissioner even told us to go to bed because the remaining 5 Results were to be announced at 6am when we were all fresh!
Now, I slept for only one hour since I was traveling to Bondo for a funeral and I wanted to leave Nairobi at 4am. I was shocked seeing my TV telling me that we now had a new President! Why did your Commissioner lie to the Nation?
[image]http://1.bp.blogspot.com/-qiBxwH3Pbq4/UT7K7fW4UlI/AAAAAAAADVc/czisHxXAC_4/s1600/735020_10200362699376222_518312437_n.jpg
Like Garbage these are weighty issues Sir and we as a Nation must come around and be honest with each other and help clean the mess. Elections must be won in the ballot and not at tallying level and in the Board Rooms.
Your conduct of this process, right from preparations to the elections day to the way you managed the tally process for so many days to the last minute deceit has placed a heavy yoke on your shoulders. It will permanently make you be part of the history that will define how Kenyans loose elections at the Board Room and not during the balloting process.
Shame in the IEBC Team for throwing the confidence that Kenyans and the whole World had on you. We all know that even Jesus Christ was betrayed by Judas Iscariot on account of 30 pieces of silver. I do not want to believe that this could have been true for us in the year of our Lord 2013.
May the good Lord give you the Grace and Humility to struggle with where you have placed yourself in the history of humanity.
Odhiambo T Oketch,
Executive Director,
The Clean Africa Campaign- TCAC
Nairobi Kenya.
The Clean Africa Campaign is an initiative of KCDN Kenya
Kenya’s Election: What Uhuru Kenyatta’s Victory Means for Africa
From: maina ndiritu
Uhuru Kenyatta, wanted by the International Criminal Court (ICC) for crimes against humanity, won election Saturday as Kenya’s new President. The Independent Electoral and Boundaries Commission announced that Kenya’s richest man — the current Deputy Prime Minister, former Finance Minister and the son of Kenya’s first President Jomo Kenyatta — won 50.07% of the vote, just marginally more than was needed to avoid a second-round runoff. Kenyatta’s running mate William Ruto, a second of the four Kenyans indicted by the ICC, is slated to become Deputy President. Turnout was a high 86%. With the margin of victory so thin, and the count plagued by days of delays and hundreds of thousands of spoiled ballots, Kenyatta’s main rival, Prime Minister Raila Odinga, has already said he would fight it in court.
If the result withstands Odinga’s challenge, a win for Kenyatta would represent the most stunning articulation to date of a renewed mood of self-assertion in Africa. Half a century ago, Africa echoed with the sound of anticolonial liberation. Today, 10 years of dramatic and sustained economic growth and a growing political maturity coinciding with the economic meltdown in the West and political dysfunction in Washington and Europe have granted Africa’s leaders the authority and means to once again challenge Western intervention on the continent, whether it comes in the form of foreign diplomatic pressure, foreign aid, foreign rights monitors or even foreign correspondents. In his victory speech, Kenyatta said, “Today, we celebrate the triumph of democracy, the triumph of peace, the triumph of nationhood. Despite the misgivings of many in the world, we demonstrated a level of political maturity that surpassed expectations. That is the real victory today. A victory for our nation. A victory that demonstrates to all that Kenya has finally come of age. That this, indeed, is Kenya’s moment.” He also pledged to work together with his political opponents with “friendship and cooperation.” “Kenya needs us to work together,” he said. “Kenya needs us to move on.” In a pointed warning to the international community, he added: “We expect the international community [to] respect the sovereignty and democratic will of the people of Kenya. The Africa star is shining brightly and the destiny of Africa is now in our hands.”
The ICC, based in the Hague, is a particular focus of African anger. The court accuses Kenyatta of being one of four Kenyans who orchestrated the bloody tribal violence that followed the election in 2007–08. After paramilitary police loyal to the incumbent Mwai Kibaki — also from Kenyatta’s Kikuyu tribe — stormed the counting center, and shortly thereafter officials declared their candidate the winner, the country erupted in weeks of killings in which around 1,200 died and tens of thousands were displaced. The ICC intervened to try to bring those most responsible for the violence to account after concluding Kenya was unable to do so for itself.
But the ICC’s focus on Africa — nearly all of its investigations concern Africans — has earned it accusations of bias. And the manner in which the 2007–08 tribal violence was beamed around the world by the Western media, deterring tourists and overshadowing the story of an increasingly less impoverished, and more healthy, sophisticated and self-reliant, Kenya, also drew widespread resentment. At this election, with a new 2010 constitution, and a new electoral body with a new — though not glitch-free — electronic voting system, Kenyans’ determination to hold a peaceful election has been palpable. The popular mood has also been notably anti-Western. Foreign diplomats have been warned of blood-curdling revenge should they interfere in the poll. Foreign journalists have been publicly ridiculed and denounced as prejudiced if they predicted chaos and disaster. And a central message of most candidates’ campaigns was strident, patriotic self-determination. Kenyatta and Ruto — who deny the charges brought by the ICC — managed to convert a Kenyan public that initially largely supported the ICC’s attempts to call them to account into one that viewed the ICC as a representative of unwarranted Western interference in African affairs. In the last days of the campaign, Kenyatta’s Jubilee Alliance reflected and heightened the anti-Western mood, saying it was “deeply concerned about the shadowy, suspicious and rather animated involvement of the British High Commissioner in Kenya’s election.” Such assertions of sovereignty are only likely to intensify under a Kenyatta presidency. Ruto’s trial is due to begin on May 28, Kenyatta’s on July 9. Both men have said they will attend — a point Kenyatta repeated Saturday when he said his government would “continue to cooperate with international institutions.” Kenyatta has, however, said that his official duties would prevent their pair from being at the Hague continually — a pointed diluting of the court’s importance, and one that will likely drag out trials already expected to last sever al years.
From the West’s perspective, a Kenyatta victory presents a conundrum. U.S. Assistant Secretary of State for African Affairs Johnnie Carson warned before the election that “choices have consequences,” widely seen as a recommendation that voters should back Odinga. London has already warned that it would keep official contact with a President Kenyatta to a minimum, as it does with Zimbabwean President Robert Mugabe. But the reality is that, in a world where Kenya finds itself as much sought after as suitor, Western powers no longer get to call the shots in Africa. In many ways, and particularly in its homegrown innovations in mobile technology such as mobile banking and solar power, Kenya personifies the new, emerging Africa of young and dynamic entrepreneurs. Its position as East Africa’s business hub has only been enhanced by its recent discovery of large reserves of oil and gas. Kenya is also a linchpin of the U.S. and European security structure in Africa, ranged as it is against Islamist groups and pirates particularly in neighboring Somalia. Westerners rely on Kenya in other ways too: the Kenyan capital, Nairobi, is the base of choice for much of the international community in East Africa, from large embassies to aid-group headquarters to donor conferences to security contractors. And should the West give Kenya the cold shoulder, it may find it is not missed as it once might have been: Chinese, Indian, Middle Eastern and Latin American diplomats and businessmen are also part of the fabric in today’s Kenya.
In Washington last month, Carson’s predecessor at the State Department, Jendayi Frazer, warned Western leaders to be “pragmatic” in their approach to Kenya, adding she was “troubled” by Carson’s “very reckless and irresponsible” statement, which she called “essentially meddling in Kenya’s election.” The ICC case against Kenyatta “is a weak one and is based on hearsay,” she said in a public discussion at the Brookings Institution, and — in words that might have come from Kenyatta himself — she added the ICC was “a very manipulated institution, particularly by the West.”
Kenya: Uhuru Kenyatta Acceptance speech
From: Yona F Maro
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I thank all those who have remained vigilant in prayer for our nation
during this time. I want to thank the people of the republic of Kenya
who have shown patience over the last few days as we all awaited the
outcome of this election. I thank the thousands of officials who
worked with the IEBC to make this, the most free and most fair general
election in our nation’s history. Despite the challenges that you
faced, you managed to keep the trust of Kenyans and to do your job
professionally.
While we look forward to a day when electoral results are relayed in
real-time to curb anxiety, we acknowledge that every process can be
refined and I pledge to give you my support as you seek more efficient
ways to conduct future elections. I would also like to acknowledge and
thank the police and all security agencies for their diligence and
commitment to ensuring security.
I would especially like to acknowledge the Kenyans who lost their
lives on the eve of the elections. They made the ultimate sacrifice,
laying down their lives, in the name of democracy. To the families of
those who lost their loved ones, I offer my sincere condolences and I
assure you that I, and the people of Kenya are standing with you in
prayer.
The incidents that took the lives of our officers are a reminder that
security remains one of the biggest challenges to our nation. It is
unacceptable to see the lives of Kenyans lost so senselessly. As we
move forward, I pledge to keep the issue of national security high on
our agenda.
To the Kenyan media – you have shown remarkable responsibility as this
country’s fourth estate. You have shown sensitivity in the
dissemination of news and impartiality in your treatment of the
results. You have no doubt helped to keep the country calm.
We are grateful for this, and we will continue to consider you our
true partners as we embark on our journey. To the presidential
candidates – I salute you all. Thank you for all that you have
contributed to ensuring a robust democratic process. I in particular
want to single out my brother, Raila Odinga, for his spirited
campaign. I know that all the candidates have made tremendous personal
sacrifices for the progress of our country and I welcome them to join
us in moving our nation forward. My fellow Kenyans today, we celebrate
the triumph of democracy; the triumph of peace; the triumph of
nationhood.
Despite the misgivings of many in the world, we demonstrated a level
of political maturity that surpassed expectations.
We dutifully turned out; we voted in peace; we upheld order and
respect for the rule of law and maintained the fabric of our society.
That is the real victory today. It is a victory for our nation. A
victory that shows that finally, Kenya has come of age. This indeed is
Kenya’s moment.
Today, I am honored and humbled that in a free and fair election, you
the people of Kenya, have placed your trust in me to lead our nation
as your next President. I am here because of you. I am here because of
the unyielding support of millions of Kenyans, from all walks of life,
from every corner of our nation, who sacrificed their time, energy and
resources to make this campaign a success.
Throughout this process you, the people, have remained unwavering in
your belief not only in me but in the possibility of a stronger, more
prosperous Kenya that has room for all our hopes and aspirations. I am
here because of the Jubilee secretariat who have worked tirelessly
throughout this campaign period. Last and not least, I am here because
of my family: My wife, Margaret; our children and all the members of
my family, this has taken a heavy toll on them and I thank them for
their patience and support. However, this is has never been about me,
this has been about you, about the people of Kenya. You have put your
faith not in one man but in a team.
In our Deputy President –Elect Hon William Ruto; a man with a proven
track record, who has demonstrated to all of us, his ability to both
speak and act with unmatched zeal and energy. You put your trust in my
sister, Charity Ngilu and my brother, Najib Balala both of whom have
remained committed to serving the people and putting our nation first.
You put your trust in TNA, URP and the wider Jubilee family.
And because you gave us this trust, I am proud to say that the
majority of women who were elected to parliament come from the Jubilee
Coalition – a fact that demonstrates the commitment that our Coalition
has to supporting women and to supporting the full implementation of
the constitutional provisions designed to ensure gender parity.
We are a team
I want to say to all the Jubilee aspirants — those who won, and
especially, those who did not – that you have done your parties, and
this coalition proud. Your dedication, to the ideals that the Jubilee
Coalition represents has been an inspiration to me. We came together
as a team, and we will continue to work together as a team for the
good of all the people of Kenya. However, today is about much more
than one Coalition or Party.
It is about all Kenyans: those of you who voted Jubilee and those who
did not. My pledge to you is that as your President, I will work on
behalf of all citizens regardless of political affiliation. I will
honour the will of Kenyans and ensure that my Government protects
their rights and acts without fear or favour in the interests of our
nation. To all those who won various seats – regardless of what party
or coalition you may belong to, let us remember that we are all
Kenyans, and that Kenyans have bestowed upon us the responsibility to
work for them. I extend a hand of friendship and cooperation to you so
that together, we can truly serve the Kenyan people.
In the nearly five decades since independence, we have made great
strides as a nation. Kenya has experienced huge success but there have
also been enduring problems. In the last 10 years under the Presidency
of Mwai Kibaki, we have begun to overcome many of the challenges we
have faced as a nation. We are indebted to his leadership and grateful
for the services he has rendered to our country. As I assume office,
my task, and the task before us all is to secure the gains we have
made while focusing on solving the challenges that remain.
My fellow Kenyans, the elections are now over.
While we celebrate today, let us bear in mind that this, in itself, is
not an end; it is a beginning and there is work to be done. That work
begins with all of us taking personal responsibility for the future of
our country, the inheritance of our children.
It begins with all of us returning to our jobs, to our businesses; to
our farms – and continuing in the daily decisions that will determine
the course of Kenya’s future. I promise to do my part, but I need
every Kenyan to play their part as well. I pledge that my Government
will play its role both here in Kenya, and as part of the
international community. To our brothers and sisters in the region and
in Africa as a whole we appreciate your support and encouragement
before, during and after the elections. This is the true spirit of
Africa. We look forward to playing our rightful role in the region and
in the continent. The African star is shining brightly and the destiny
of Africa is in our hands.
To the nations of the world I give you my assurances that I and my
team understand that Kenya is part of the community of nations and
while we are, first and foremost, servants of the Kenyan people, we
recognise and accept our international obligations and we will
continue to co-operate with all nations and international institutions
– in line with those obligations.
However, we also expect that the international community will respect
our sovereignty and the democratic will of the people of Kenya. Indeed
it is the desire of the people of Kenya to be a nation that is at
peace with itself, at peace with her neighbours, at peace with our
continent and at peace with the world at large.
We will pursue this ideal – upholding the values enshrined in our
constitution and continuing in the spirit embodied in the words of our
national anthem: “Oh God of all creation?
Bless this land and nation, Justice be our shield and defender? May we
dwell in unity, peace and liberty Plenty be found within our
borders.”
Thank you,
God bless you
And God bless the Republic of Kenya.
Kenya: Congratulation Uhuru Kenyatta and Ruto for your Victory !
From: Judy Miriga
Good People,
Kwa roho safi,
For Unity and Peace for common good of all, I take this early opportunity to congratulate Uhuru Kenyatta, Ruto and team for winning the election.
For healing, we should leave behind our fierce challenging battle, begin the journey of healing and plan to move forward as a family.
I am extending my hands to brothers and sisters from Kenya who hoped differently to do the same so we take Uhuru for his word and waste no time to embark on sustaining our Reform Change working towards development progressive agenda.
Once against, Uhuru Kenyatta and Ruto, I salute you, let us celebrate together your victory as a family........
Cheers everybody !!!
Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA
http://socioeconomicforum50.blogspot.com
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Uhuru pledges to unite Kenyans
Nairobi, Kenya: President elect Uhuru Kenyatta on Saturday gave his first speech after being declared winner and pledged to unite Kenyans and work towards prosperity of the country.
Addressing supporters at Jubilee Media Center Catholic University of Eastern Africa, Uhuru said he will work without fear or favour with all for the sake of the country.
He extended an olive branch to his opponents and call upon them to join hands in building Kenya.
He commended Kenyans for conducting themselves peacefully during elections and called upon them to maintain the same after polls.
“This victory is not about me, it is about you, the people of Kenya,” he said.
He added; “We celebrate triumph of democracy, peace and nationhood. You all displayed political maturity and surpassed expectations, maintained peace and order, that’s a victory for Kenya.”
He commended IEBC for conducting free and fair elections and pledged to support the commission to get efficient ways to conduct elections in future.
He also commended the police for ensuring peace and order was maintained throughout the election period.
On international relations, Uhuru said Kenya will work with countries in the region.
He said Kenya was part of the international community and will cooperate with nations and institutions but maintained the country’s sovereignty should be respected.
“I expect that the international community will respect the sovereignty of the Republic of Kenya,” he said.
Vice President elect William Ruto said the Jubilee win was miracle and said the coalition will work to honour pledges they made.
“I am lost for words…..Our victory is a miracle. We dedicate this coalition’s victory to God,” he said.
Read full speech by president-elect Uhuru Kenyatta here
Calm in Kisumu as results announced
By Dennis Mosota and Rushdie Oudia
Kisumu and most parts of Nyanza province, mapped out, as hotspots remained calm following the loss of Raila Odinga in the votes cast.
Security officers patrolled the area as religious leaders and the Kenya Association of Manufacturers Nyanza Western Chapter called on businessmen to open their shops.
Heavy rains accompanied by thunderstorms forced people to stay indoors as they followed the results on their television sets on Friday night.
In Kondele that was the most affected area during the 2007-2008 post-election violence, by 9am on Saturday, the youth stayed away from violence as they waited calmly for the Independent Electoral and Boundaries Commission’s verdict.
Two trucks of General Service Officers (GSU) patrolled the lakeside town, from 3am. There were also Land Cruisers with regular and administration police backing up the GSU team.
However, Kenya Association of Manufacturers Nyanza Western Chapter Israel Agina appealed to all stakeholders and communities to support the return of normal business operations.
“We all lose out if people let their emotions rise and do not seek constructive solutions,” said Mr Agina.
He added that the city could only attract investors through peace after the elections.
Fear of violence
“How we carry ourselves will show the investors that Kisumu is an investor friendly,” added Agina.
He said as they return to work, peace should prevail despite the results since the main thing is ensuring that Kisumu’s future is bright and prosperous.
Banks and some business premises remained open along the Oginga Odinga Street as residents went on with their activities.
At Oile Market, traders packed their goods for fear of violence since they knew that the president would be declared at that time.
A number of people also closed shops out of fear.
“We are waiting to hear what Raila will say because there are issues that must be addressed,” said Ken Otieno, in Kondele area.
Joseph Owino, a matatu driver, said there is need for the Jubilee presidential candidate Uhuru Kenyatta to treat all regions equally, if the IEBC declares him winner.
“Uhuru should not leave out Kisumu and other parts of the province for not giving him enough votes.
He should treat counties equal in the sharing of the cake,” said Owino.
Anglican Church of Kenya Maseno South Diocese Bishop Francis Obiero thanked Kisumu people for showing patience, tolerance and determination during vote tallying.
“All we need is to maintain peace as Kenya is more important than all of us,” said Obiero.
In Siaya County, the ancestral home of Prime Minister Raila Odinga, people gathered in shopping centres to follow what was going on television sets in some restaurants.
Others tuned on their radio sets to follow the historic moment the country was waiting for.
Uhuru hits victory mark
NAIROBI, KENYA: The son of Kenya’s first president has all but secured victory against Raila Odinga and six others to become the country’s Fourth President.
Barring any changes or successful challenges to a final tally released early this morning, Uhuru will win the presidential vote with a razor-thin margin, ending a dramatic contest against the Prime Minister.
Following delays in tallying and verification, announcement of the final confirmed result of the March 4 presidential election was put off until 11am today. Updates to electoral figures at 2am, however, included the tally from the six constituencies whose results were still outstanding. They were Laikipia North, Emurua Dikirr, Molo, Konoin, Narok West and Turkana Central. Uhuru garnered 141, 447 to push his final tally to 6, 173, 433. Raila secured 58, 485 in the six constituencies to raise his final tally to 5, 340, 546.
If the figures stand, Uhuru will go over the constitutional threshold of 50 per cent plus one by a narrow margin of 4,100 votes. The Independent Electoral and Boundaries Commission will make the official declaration of whether he has secured the vote at 11am after verification of the results by all parties.
Earlier, addressing the media at about 15 minutes past midnight, IEBC commissioner Yusuf Nzibo said the electoral body and political party agents needed more time to audit the results before a final declaration could be made.
At the Jubilee alliance’s tallying centre, however, last night had the air of a victory party after the gap in official results between Uhuru Kenyatta and Raila peaked at over one million votes just after 10pm. While the lead shrank later in the evening, it mostly remained just above the 50 per cent threshold.
At 3am, with all 291 constituencies reporting, Uhuru had 6,173,433 valid votes (50.03 per cent) against Raila’s 5,340,546 (43.28 per cent). The Jubilee alliance and CORD candidates also had at least 25 per cent of the vote in about 30 counties each. Candidates were required to secure more than half the total votes cast, as well as at least a quarter of all votes in at least 24 counties to win.
Uhuru, 51, and running mate William Ruto, 46, took an early lead in the final manual tally to decide who was headed to State House. In a trend repeated from an earlier electronic tally that failed before it was completed, the two held onto their lead all day, rising and falling past the 50 per cent mark as ballot totals from various constituencies came in. Their thin margin above the constitutional threshold raised the dramatic prospect they might not secure a victory, forcing the contest to a run-off on April 11 this year. For the ‘true believers’ in Team UhuRuto, however, the presidency was almost in the bag.
Uhuru and Ruto have outperformed their rivals in a hard-fought election that opinion pollsters said was too close to call after they ate away at a sizeable lead held by Raila last year. Their hopes for a final result on Friday morning, after almost four days of contentious vote tallying, were dashed as questions about errors in the tallies led to fresh delays. Published figures that were provided to party agents for verification were alleged to have “missing or erroneous entries”. This prompted a decision to verify the numbers from all 291 constituencies afresh.
“There may have been errors and discrepancies here and there,” IEBC chief executive, Mr James Oswago told a media brief at the national tallying centre in Nairobi. “Some we have already detected and we are working on them.”
The election, the most complex ever attempted by Kenya, has been plagued by technology failures and protests from party agents. Earlier, CORD presidential agents complained that electoral officials had failed to include results from 11 constituencies in their final tally. The areas they say were left out include Changamwe, Ganze, Homa Bay, Kanduyi, Khamisi, Kitui South, Kitutu Chache, Kubuachai, Magarini, Mumias East and Vihiga. IEBC officials agreed to an audit of their documents to determine if this was true.
A last minute attempt by civil society activists to stop the process failed when the High Court in Nairobi ruled it had no jurisdiction to handle their petition. The petitioner, Africog, was advised to pursue their suit in the Supreme Court.
Two of the eight candidates in the race conceded defeat before the final result was announced. Eagle coalition candidate Peter Kenneth threw in the towel after interim results showed it was a two-horse race. UDF leader and Amani coalition candidate Musalia Mudavadi joined him Friday as the final tally continued to confirm this, announcing he was “ready to work with the winner”. He added he had spoken to Raila and Uhuru and requested then “not to allow any statements from within their ranks (about the election) that will be misconstrued and lead to a break-up of the prevailing civic order”.
Raila Odinga, who was following the contest from his home in Nairobi’s Karen area, plans to issue a statement today (Saturday) on the final result.
Uhuru and Ruto have won the largest number of voters nationally despite warnings from their rivals and some foreign envoys over the burden of the criminal charges they face in two cases at the International Criminal Court. There are six other candidates in the presidential race: Amani/UDF’s Mudavadi, 52, had 438,215 votes as at 3am today.
In fourth place was Peter Kenneth, 48, the Eagle/Kenya National Congress candidate who secured 72,786 votes. Former teacher Mohammed Dida, 39, who ran on an Alliance for Real Change ticket got 52,848 votes to take the fifth slot. Narc-Kenya’s Martha Karua, 55, followed with 43,881 votes.
In seventh place was Restore and Build Kenya candidate James ole Kiyiapi, 51, who polled 40,998 votes. Trailing the pack of eight was lawyer Paul Muite, 67, with 12,580 votes on a Safina party ticket.
IEBC declares Uhuru Kenya’s fourth president
By Standard Digital
Kenya: The Independent Electoral and Boundaries Commission ( IEBC) chair Isaac Hassan declares Uhuru Kenyatta duly elected President of Kenya after he garnered 50.07 per cent of votes cast.
Hassan on Saturday announced Uhuru garnered 6, 173, 433 votes against his rival CORD’s Raila Odinga who got 5, 340, 546.
The IEBC chair said Uhuru got 105 per cent of votes cast in at least 32 counties.
There were 14, 350, 533 registered voters and Hassan said the voter turnout was impressive and the highest in the country at 86 per cent.
Hassan issued the certificate of the results to Uhuru who was accorded security and escort befitting a president.
While announcing the results, Hassan urged presidential candidates to put the nation first before the results and commended aspirants who conceded defeat.
“The elections were credible and transparent”, said IEBC boss.
He said the six ballot election was quite ambitious and challenging to the electoral body, political parties and voters.
Uhuru Kenyatta wins Kenyan presidency; rival to challenge outcome in court
By Faith Karimi and Nima Elbagir, CNN
updated 11:31 AM EST, Sat March 9, 2013
Nairobi, Kenya (CNN) -- Uhuru Kenyatta, the son of Kenya's founding leader, narrowly won the presidential poll despite facing charges of crimes against humanity over election violence five years ago.
Kenyatta clinched 50.07% of the vote, the election commission announced Saturday, barely breaking past the halfway mark.
His main rival, Prime Minister Raila Odinga, got 43.31% of the vote, and said he will challenge the outcome in court.
The constitution requires a 50% plus one vote for an outright win.
His victory puts the West in a quandary. Kenyatta is facing trial at the International Criminal Court over post-election violence that plunged the nation into chaos in 2007.
Shortly after election officials announced the results, he thanked citizens for bestowing him the leadership role and vowed to work for everyone.
"We celebrate the triumph of democracy; the triumph of peace; the triumph of nationhood," Kenyatta said. "Despite the misgivings of many in the world, we demonstrated a level of political maturity that surpassed expectations."
Odinga will challenge Kenya's election
Monitoring Kenya's vote -- digitally
Winning parties should remain "modest in victory," he said, acknowledging that nearly half the nation did not vote for him.
Jubilant supporters took to the streets, speeding down crowded streets, honking and chanting his name.
"This is a new dawn, our leader has been elected," said John Kamau, a Nakuru resident.
'It is frustrating'
For some of Odinga's strongholds, the mood was tense but calm.
"Our man has tried to be president three times, it is frustrating," said James Ouma, who lives in the capital of Nairobi. "We will accept it. What can we do? Life must go on."
Odinga said the election outcome is flawed.
"We are confident that the court will restore the faith of Kenyans in the democratic role," he said.
Despite the looming challenge, Kenyatta struck a conciliatory note after the close election, applauding Odinga for a "spirited campaign,"
"I know that all the candidates have made tremendous personal sacrifices .. and I welcome them to join us in moving our nation forward," he said.
A vital ally
The vote's significance extends far beyond Kenyan borders.
Kenya is East Africa's biggest economy and a crucial trade route into the rest of the continent.
It provides an important buffer of stability in a region that includes the fledgling Somali government and the politically tense Sudan and South Sudan.
Most importantly -- at least to the West -- Kenya is a major U.S. ally in the war against Islamist militants in the region and has remained relatively peaceful amid civil wars in neighboring nations.
Complicated relations
Kenyatta's victory raised the prospect of complicated diplomatic ties with the West.
The International Criminal Court indicted him for allegedly funding a local militia that conducted reprisal attacks in the last election in 2007. His running mate, William Ruto, also faces ICC charges at The Hague.
Both have denied the charges and have said they will cooperate with the court to clear their names.
The assurance has not allayed fears among some Western diplomats.
Before the election, Johnnie Carson, the State Department's top diplomat for Africa, issued a stern warning, saying Kenyans can pick their own leaders, but "choices have consequences."
But in a statement after the election, U.S. Secretary of State John Kerry applauded the vote.
"Kenya has been one of America's strongest and most enduring partners in Africa," Kerry said. "We ... will continue to be a strong friend and ally of the Kenyan people."
The UK minister for Africa, Marks Simmonds, echoed his sentiment and called on candidates to address disputes in court to avoid violence.
Kenyatta has said the indictment will not affect his ability to do his job and urged the international community to respect the will of Kenyans.
"I have been a member of the government, and I've still been able to execute my duties," said Kenyatta, a deputy prime minister in the outgoing administration. "I still believe I will be able to execute my duties as president."
Carson's predecessor, Jendayi Frazer, said she does not foresee much change in ties between Kenya and the United States.
"Kenyatta knows that he needs the United States, and the United States knows it needs Kenya," she said. "And so I suspect that while it might be awkward, there won't be a significant change in our policy stances toward Kenya or theirs toward us."
No faith in the ICC
Analysts say the ICC indictment may have rallied citizens to Kenyatta's side in defiance of the West.
"Many Africans have lost faith in ICC and view it as targeting African leaders and failing to discharge its justice among non-African leaders," said Ayo Johnson, director of ViewPoint Africa. "Kenya sent a loud message to the ICC ... don't interfere. And it does not matter if you brand our leaders as criminals."
The president-elect's trial is scheduled for July while his running mate's is in May.
Kenya is the second African nation after Sudan to have a sitting president facing charges at the International Criminal Court.
Eager to avoid a repeat
In a nation with fierce ethnic loyalties, Kenyans were eager to avoid a repeat of the last election.
At the time, the nation plunged into ethnic violence after Odinga disputed results that declared the incumbent president, Mwai Kibaki, as the winner, alleging the election had been rigged.
Ethnic groups loyal to each side took to the streets, where supporters of both camps fought one another. More than 1,200 people were killed and hundreds of thousands displaced.
But despite the divisive vote this year, some citizens said it is time to move forward.
"The people have spoken, even though my voice was not one of them," said Jane Nduku, a Nairobi resident.
Kenyatta's win at age 51 makes him the nation's youngest president.
CNN's Nima Elbagir reported from Nairobi, and Faith Karimi from Atlanta. CNN's Lillian Leposo contributed to this report.
Kenya’s Election: What Uhuru Kenyatta’s Victory Means for Africa
By Alex Perry | Time.com – 39 mins ago
Uhuru Kenyatta, wanted by the International Criminal Court (ICC) for crimes against humanity, won election Saturday as Kenya‘s new President. The Independent Electoral and Boundaries Commission announced that Kenya’s richest man, the current Deputy Prime Minister and former Finance Minister, and the son of Kenya’s first President Jomo Kenyatta, won 50.07% of the vote — just marginally more than was needed to avoid a second round run-off. Kenyatta’s running mate Will Ruto, a second of the four Kenyans indicted by the ICC, is slated to become Deputy President. Turnout was a high 86%. With the margin of victory so thin, and the count plagued by days of delays and hundreds of thousands of spoiled ballots, Kenyatta’s main rival, Prime Minister Raila Odinga, has already said he will fight it in court.
If the result withstands Odinga’s challenge, a win for Kenyatta would represent the most stunning articulation to date of a renewed mood of self-assertion in Africa. Half a century ago, Africa echoed with the sound of anti-colonial liberation. Today, 10 years of dramatic and sustained economic growth and a growing political maturity coinciding with the economic meltdown in the West and political dysfunction in Washington and Europe, has granted Africa’s leaders the authority and means to once again challenge Western intervention on the continent, whether it comes in the form of foreign diplomatic pressure, foreign aid, foreign rights monitors or even foreign correspondents. In his victory speech, Kenyatta said: “Today, we celebrate the triumph of democracy; the triumph of peace; the triumph of nationhood. Despite the misgivings of many in the world, we demonstrated a level of political maturity that surpassed expectations. That is the real victory today. A victory for our nation. A victory that demonstrates t
o all that Kenya has finally come of age. That this, indeed, is Kenya’s moment.” He also pledged to work together with his political opponents with “friendship and cooperation.” “Kenya needs us to work together,” he said. “Kenya needs us to move on.” In a pointed warning to the international community, he added: “We expect the international community [to] respect the sovereignty and democratic will of the people of Kenya. The Africa star is shining brightly and the destiny of Africa is now in our hands.”
(PHOTOS: Scenes from Kenya’s 2013 election.)
The ICC, based in The Hague, is a particular focus of African anger. The court accuses Kenyatta of being one of four Kenyans who orchestrated the bloody tribal violence which followed the last election in 2007-8. After troops loyal to the incumbent Mwai Kibaki — from Kenyatta’s Kikuyu tribe — stormed the counting center and forced officials to declare their candidate the winner, the country erupted in weeks of killing in which around 1,200 died and tens of thousands were displaced. The ICC intervened to try to bring those most responsible for the violence to account after concluding Kenya was unable to do so for itself
But the ICC’s focus on Africa — nearly all of its investigations concern Africans — has earned it accusations of bias. And the manner in which the 2007-8 tribal violence was beamed around the world by the Western media, deterring tourists and overshadowing the story of an increasingly less impoverished, and more healthy, sophisticated and self-reliant Kenya, also drew widespread resentment. At this election, with a new 2010 constitution, and a new electoral body with a new — though not glitch-free — electronic voting system, Kenyans’ determination to hold a peaceful election has been palpable. The popular mood has also been notably anti-Western. Foreign diplomats have been warned of blood-curdling revenge should they interfere in the poll. Foreign journalists have been publicly ridiculed and denounced as prejudiced if they predicted chaos and disaster. And a central message of most candidates’ campaigns was strident, patriotic self-determination. Kenyatta and Ruto — who deny the charges brought by the ICC — managed to convert a Kenyan public that initially largely supported the ICC’s attempts to call them to account into one that viewed the ICC as a representative of unwarranted Western interference in African affairs. In the last days of the campaign, Kenyatta’s Jubilee Alliance reflected and heightened the anti-West mood, saying it was “deeply concerned about the shadowy, suspicious and rather animated involvement of the British High Commissioner in Kenya’s election.” Such assertions of sovereignty are only likely to intensify under a Kenyatta presidency. Ruto’s trial is due to begin on May 28, Kenyatta’s on July 9. Both men have said they will attend — a point Kenyatta repeated Saturday when he said his government would “continue to cooperate with international institutions.” Kenyatta has, however, said that his official duties would prevent their pair from being at The Hague continually — a pointed diluting of the court’s importance, and one that will likely drag out trials already expected to last several years.
From the West’s perspective, a Kenyatta victory presents a conundrum. Assistant Secretary for African Affairs, Johnnie Carson, warned before the election that “choices have consequences,” widely seen as a recommendation that voters should back Odinga. London has already warned that it would keep official contact with a President Kenyatta to a minimum, as it does with Zimbabwean President Robert Mugabe. But the reality is that, in a world where Kenya finds itself as much sought after as suitor, Western powers no longer get to call the shots in Africa. In many ways, and particularly in its home-grown innovations in mobile technology such as mobile banking and solar power, Kenya personifies the new, emerging Africa of young and dynamic entrepreneurs. Its position as East Africa’s business hub has only been enhanced by its recent discovery of large reserves of oil and gas. Kenya is also a lynchpin of the U.S. and European security structure in Africa, ranged as it is against Islamist groups and pirates, particularly in neighboring Somalia. Westerners rely on Kenya in other ways too: the Kenyan capital, Nairobi, is the base of choice for much of the international community in East Africa, from large embassies to aid group headquarters to donor conferences to security contractors. And should the West give Kenya the cold shoulder, it may find it is not missed as it once might have been: Chinese, Indian, Middle Eastern and Latin American diplomats and businessmen are also part of the fabric in today’s Kenya.
In Washington last month, Carson’s predecessor at the State Department Jendayi Frazer warned Western leaders to be “pragmatic” in their approach to Kenya, adding she was “troubled” by Carson’s “very reckless and irresponsible” statement, which she called “essentially meddling in Kenya’s election.” The ICC case against Kenyatta “is a weak one and is based on hearsay,” she said in a public discussion at the Brookings Institution, and — in words that might have come from Kenyatta himself — she added the ICC itself was “a very manipulated institution, particularly by the West.”
Kenya: I witnessed; Congratulations
From: mutabaazi lugaziya
Congratulations to all Kenyans!
Let the self-proclaimed "midwives" of democrasy go lick their subdued egos!
May God bless you to build the Kenya you want.
MJL
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from: odhiambo okecth
date: Sat, Mar 9, 2013 at 4:42 AM
subject: I witnessed; Congratulations
Friends,
Today morning, I witnessed happiness that was like video, like drama. I left Nairobi at 4am for Kisumu in the company of some Cousins. After fueling along Waiyaki Way, we met jubilant supporters of Hon Uhuru Kenyatta immediately after Kangemi.
They were all over, in their thousands, and it took us 2 hours to drive between Kangemi and Limuru. But one thing that struck me, these people were courteous, happy and merry. Of course some of them told us to go eat fish, they were never violent.
Again at Mai Mahiu, we met another group of jubilant fans of Uhuru Kenyatta. Again, they were very happy and peaceful.
Along all the way up till Kisumu, it was like nothing was happening. Kenyans were happily going about their business as usual as they celebrated the win or their loss.
I must hence commend these gallant Kenyans for being this magnanimous and humble in their win and defeat. This is the way to go and we must invite all our leaders to be such humble.
It was a hotly contested race and we all had our sides. I want to sincerely congratulate the Jubilee Team for winning this one. We will work with all of you as a team in building One Kenya of One Family under God.
May all of us be blessed in the service of our Motherland. And may all of us be Peace Agents in our midst.
Let us all work for a Clean Kenya and a Clean Africa as a Transformative Deliverable as Kenya turns 50 and beyond.
Odhiambo T Oketch,
Executive Director,
The Clean Kenya Campaign- TCKC