Summary of CORD's Petition

What the Petitioner, PM Raila Odinga, is asking the court to do:

Set aside the results of the Presidential election as announced by IEBC on 9March 2013, and the declaration of Uhuru Kenyatta as President-elect and William Ruto as Deputy President-elect respectively, and declare asnull and void the whole electoral process leading to that declaration.

What the petition says:

There was no free or fair presidential elections. Consequently no government could lawfully be formed by or from the purported declaration on 9th March 2013, of Uhuru Kenyatta and William Ruto as President-elect and Deputy President-elect respectively, by the IEBC and its chairman to the dishonor of the Kenyan people.

The voter register was severally altered as to make it difficult to tell which one was used finally.  For the purposes of the 4th March elections the registration of voters was carried out between 19November 2012 to 18th December, 2012, at the end of which the IEBC announced that 14,337,399 persons had registered as voters.

In breach of the mandatory legal requirement, the IEBC has falsely, unlawfully and illegally in flagrant disregard of the law and its declaration of the result of the presidential election held on the 4th March, 2013 reflected the total number of registered voters as 14,352,533 well above the total number of registered voters as the date of closing of registration on 18th December, 2013. Indeed, during February 2013, the IEBC announced that they had discovered approximately 20,000 persons who had double registered in the December registration, and accordingly reduced the register tally to 14,267,572 voters as displayed on its website. The illegally inflated March 2013 register exceeded this corrected figure by some 85,000 voters.

The Petitioner avers that increasing the number of registered voters was intended to permit the IEBC to manipulate the  presidential election held on 4th March, 2013 and their purported results and declaration, on 9th March, 2013 was null and void. That by abandoning the process of electronic identification at the polling stations and releasing results based not on the safeguarded, agreed, determined and credible electoral process it had promised and committed to, and by which legitimate expectations accrued, but a process that failed so significantly, substantially and endemically, IEBC effectively failed to reflect the will of the Kenyan people at the election.

Arising from the acts and omissions of the IEBC, Hon. Raila Odinga and indeed the people of Kenya, were deprived of a free and fair election devoid of manipulation, an expectation which was denied, thereby irreparably undermining the entire process and result as declared on 9th March, 2013.

Because of the IEBC and its chairman’s acts and omissions, the electoral process and the outcome thereof is so flawed in so fundamental and grave a sense, taken together or viewed separately, that it is difficult to tell whether the results were the true, lawful and proper expression of the Kenyan people's will.

The EVID and BVR system and the electronic results transmission systems adopted by the First Respondent were so poorly selected, designed and implemented that they were destined to fail from inception, to the knowledge of the IEBC; the failure and collapse, on a catastrophic scale on the polling day, so fundamentally changed the system of polling and the number of votes cast, owing to inordinate and inexplicable delays at the polling stations thereby reverting Kenya to the discredited manual system, with all the attendant risks and opportunities for abuse and manipulation which in fact took place.

The IEBC and its chairman’s purported official tally of registered voters inexplicably and mysteriously grew overnight by a large proportion on the eve of the election, notwithstanding that registration had closed some thirty days and was by law not permitted to be opened or changed.

The results as declared and recorded by IEBC contained wide spread instances of manipulation of the returns through manipulation of Form 36 and in some instances the votes cast exceeding the numbers of registered voters, in flagrant breach of the fundamental Constitutional principles (see examples below).

Although a common register was to be - and indeed was - compiled for all the six levels of elections in the general elections of 4th March, 2013, it turned out from the results declared by IEBC that the total number of registered voters and votes cast in respect of the presidential elections in some instances exceeded that of the registered voters and those cast for Parliamentary elections after taking due account of any spoilt or rejected or disputed votes to the detriment of Raila Odinga. The numerous instances of huge discrepancies in the total numbers of votes declared by the First and Second Respondent in the presidential election held on 4th March, 2013 is inexplicable upon any reasonable hypothesis other than the existence of actual ballot stuffing, multiple voting or gerrymandering or inflating of the numbers of votes in the tallying thereof by the IEBC or their officers or their condoning of or connivance in the same to the advantage of Uhuru and Ruto thereby rendering their alleged win invalid, illegal, null and void.

Anecdotal examples of widespread anomalies:

Glaring anomalies were observed in the process from voter registration, to transmission of results, to tallying.

(a) the result were declared on the basis of unsigned Form 36,

(b) multiplicity of Form 36, and variants of entries in some constituencies

(c) alterations on files and

(d) brazen disregard by the IEBC of the entries on the files of constituencies which were eventually reflected in the final tally of Presidential election results and which were announced without signed verification Form 34s.

Votes cast exceeded the number of registered voters, including Tiaty, Laisamis, Igembe Central, Buri, Chuka, IburiIgambaNgombe, Lari, Kapenguria, Saboti, Turbo, Marakwet West, Kajiado West, Bomet East, Mt Elgon, Langata and Aldai.

Results in Form 36 disclosed by the First Respondent were materially different from the results that were posted in the final tally of the presidential results published by the First Respondent. This included in Webuye East, Webuye West and Igembe Constituencies.

Registered voter numbers in polling stations were inflated in Form 34 contrary to what was contained in Form 36. These included Kaproi Nursery School, Metipso Primary School, Maina Primary School, Asaibul Primary School, Sewerwa Nursery School, Liter Secondary School, Chesongoch Catholic Church, Mungiwa Primary School, Chawich Primary School and Lemeuywo Primary School. In most of those circumstances, more votes were cast than the total number of registered voters.

More than two Form 36 reflecting different returns. These included Kikuyu Constituency, Juja Constituency, Chuka Constituency, Thika Constituency.

Alterations in Form 36 without acknowledgment including Kiambaa and Limuru Constituencies.

More valid votes cast in some constituencies reflected in Forms 36 than in Form 34 including in Chesumei, Emngwen and Ainamoi.

Different entries in two Forms 36 submitted in respect of the same constituency for example in Mathira Constituency.

Published results materially different from the results reflected in the County tallying, for example in Nakuru, not to mention the material variation between the verbal declaration made by the various Commissioners of IEBC at the national tallying centre allegedly after verification of results and the final figures which are set out by the IEBC including those of South Imenti, Igembe South, Lagdera, North Imenti, Central Imenti, Boment East and Sigor.

Highlights/Quotes from the affidavit

" I believe that First and Second Respondents in breach of the Constitution, failed to establish systems which are accurate, secure, verifiable, accountable and/or transparent and indeed declared results which in many instances had no relation to votes cast at the polling station, developed methods which were opaque and intended to manipulate the results in the course of which the Petitioners’ representatives were altogether excluded from the process."

" In the final tally, the total number of votes cast in the Presidential Elections differed materially from those declared by the First and Second Respondents for purposes of the Gubernatorial and Parliamentary elections which took place on the same date clearly attesting to my belief that massive electoral fraud and malpractice occurred or permitted to occur by the First and Second Respondents in contravention of the requirements of the Constitution and the legislative framework in place as regards the 4th March, 2013 presidential election."

Highlights/quotes from the petition/re electronic system:

"Its failure and collapse, on a catastrophic scale on the polling day, so fundamentally changed the system of polling and the number of votes cast, owing to inordinate and inexplicable delays at the polling stations thereby reverting Kenya to the discredited manual system, with all the attendant risks and opportunities for abuse and manipulation which in fact took place;"

"Respondents in breach of the Constitution, failed to establish systems which are accurate, secure, verifiable, accountable and/or transparent and indeed declared results which in many instances had no relation to votes cast at the polling station, developed methods which were opaque and intended to manipulate the results in the course of which the Petitioners’ representatives were altogether excluded from the process."

"The numerous instances of huge discrepancies in the total numbers of votes declared by the First and Second Respondent in the presidential election held on 4th March, 2013 is inexplicable upon any reasonable hypothesis other than the existence of actual ballot stuffing, multiple voting or gerrymandering or inflating of the numbers of votes in the tallying."

"A curious and very concerning feature of the First Respondent's conduct was that it allowed Kencall to co-host both its server and that of the TNA, which of course may compromise the integrity of the electoral process but at very least gives the very real impression that the TNA has access to sort of information which is at the very least initially confidential to the First Respondent."

The right foot forward!

How Ruto Auctioned Kalenjins On A Willing Seller – Willing Buyer Basis

By William Makora ( Notes) 

 

After declaration by Uhuru Muigai Kenyatta that he deals on a policy of “willing buyer and willing seller”, it suffices to conclude that Hon William Samoei Ruto sold out his people to a ‘willing buyer’.

The above conclusion is probable because prior to his alliance with Uhuru in the previous year, his Kalenjin community raised an alarm and warned him against mooting unions that do not include them. That sent him out on myriad sprees of meetings with a number of aspirants. It was not in tandem with his profession that he would be on presidential ballot though. It had nosedived and Ruto was seeking who to support for the race. He had a load of tribal following whom he was offloading at a price! That was the mess.

By the close of last year, Ruto had spotted and won the heart of Uhuru Kenyatta. Out of every odd, Ruto convinced his next market that he would convince his people to team up with Uhuru’s on the following grounds:

1. Tribal numbers

Ruto told his Kalenjin people that Uhuru’s community has numbers that would give the two communities an easy victory without necessarily scrambling for further numbers. He explained how Uhuru has divided the Luhyas and intelligently dispirited the people of Coast; and that the only strong challenge from Raila Odinga would not be tenable. That has been said in the recent campaigns as tyranny of numbers.

2. Loyalty inheritance

Ruto told Kalenjins; “As history has it, Moi became President after he became loyal to Kenyatta. In the same respect, we would use the new loyalty and passivity to submit to Uhuru; who knows?! He may pass on and we advance to power and have history repeat itself. A number of the people believed in his enticing that Uhuru’s natural exit will let them inherit power again. It is a wishful thinking entirely.

3. ICC threats

While making his cases at the ICC appear like a monster threatening the Kalenjins’ stability, Ruto said the only way to deal it a blow is to take government and resist it from there. Riding on a sheer advantage of the people, he convinced them that Raila is the only proponent of the ICC quandary and that he was an enemy of the people. In fact, without laying founded reasons, he put it severely that Raila is the one who took him to ICC. His co-accused at the ICC, Joshua arap Sang, has come out and stated clearly that Uhuru and his kin fixed them in the case. No one has come out to dispute his claims entirely lending it credibility.

With these and other propaganda, Ruto inched closer to galvanizing and polarizing his community; an achievement that would easily make him earn money and move out of the bracket of strugglers, even though he wears a shirt boldly printed “HUSTLER” on the back. Hustling would be left behind him in few days.

Willing Buyer

After marketing his wealth of tribal numbers to Raila, Musalia Mudavadi, Kalonzo Musyoka and Peter Kenneth, the willing seller of the Kalenjin votes landed on a willing buyer, Uhuru, who offered him more than he imagined. He offered to give him and his party billions of money. He also offered to share government on 50-50 basis. That so comforting to Ruto, he added Uhuru land on top of the votes and assured him the he will convince the people to return the land they repossessed from Uhuru’s people. Uhuru was happy.

[It] would easily make him earn money and move out of the bracket of strugglers, even though he wears a shirt boldly printed “HUSTLER” on the back. Hustling would be left behind him in few days.

However, it is highly clear that Uhuru is more rapt in gaining than rewarding in accordance with his words. While Ruto keeps quiet about his hopes in the alliance, Uhuru recently made it clear that Rift Valley land of the Kalenjins form large chunk of the 67% his government will move to adjudicate and give the landless (read Kikuyus). That was a sharp dart into the soul of Ruto and his people while it is highly unlikely that Uhuru will honour the promises he made to Ruto. It is, therefore, apparent that Ruto sold his people out for nothing.

May sanity prevail!

I shall give you the Kalenjin votes in one basket.

LUOS, REDEFINE YOUR POLITICS

By William Makora ( Notes) on Thursday, March 22, 2012 at 4:18pm

 

I feel duly compelled to make this humble appeal to my people, the Luos, to consider diversifying their political belief and embrace flexible factors that favor change. Their faith in political patronage has done the community and, by extension, the country a lot of good by propelling it on course of definite popular political paths. The benefits reaped for the nation over the period of time are far fetching yet the community lugs behind in everything including academics where it was a powerhouse at independence.

Bad Choice

While decisions determine what you do, choice answers what you have. When one makes a good decision he lives doing something he likes. One makes a bad choice he lives in regretful sadness. It is, therefore, worthwhile for mankind to think properly before making any choice.

After independence of Kenya in 1964, the Luos were provided with two choices in their leadership; politics and development. These were presented to the people through J. O. Odinga and T. J. Mboya respectively. Both the leaders served in the first government. Odinga was the Vice President while Mboya was the Minister for Economic Planning and Development.

As a community, the Luos could take both, or either of, the two packages. Unlike the Kikuyus that took both, the Luos opted for politics and politicking have hence become their duty in the nation of diverse competitions. This has endured in respite of the factors that face it and the around it have limited the area of influence or diversified national dominance. In short, competing forces have since confined it to the lowlands while the real wealth is shared at the top. In simple sense, it has denied the people access of national health and vibrancy. The Kikuyus with whom the Luos formed the first government as principals have enjoyed both and their population has grown tremendiously.

Before his exit from the government in 1966, Odinga asked the people to wait until he ‘became’ the president in order to see how ‘his government’ would, responsibly, ensure amenities and infrastructure. The Luos are still waiting to date. At his assassination in 1969, Mboya had mobilized the people of his region in the divide to ensure notable amenities and infrastructure. Odinga enjoyed the rest of the period till he passed it over to his son, Raila A. Odinga. It has never shifted elsewhere.

We are still in politics; eating and living politics by choice! A political community! Politics is the life of majority of us who fall within the bracket of ordinary fellows. Opponents have made it the bait on the trap. They cast it on a dirty rock and name it ‘The Luos”. Whatever they say about us in that same shadow sounds loud! Whatever fashion they give us suits us! We have no defense. We have chosen politics against development. We are given politics minus power and we take it. Bad choice bad life!

Not Lost

Political essays about the Luos may not be good either. Apart from many key persons lost in the game, a lot of resources and assets, especially; academics, economical wealth, health, et cetera have dissipated in the miry bog. Although we are blessed with good brains only a few Luos manage studies by capricious chance over a long period of time. We have some of the worst amenities in the nation and our children have limited chances to access any advantages in the prevailing scarcity. We always think it is the failure of the government to provide them while our competitors use their strength to move ahead of us. The government will respond but we shall not be able to catch them that leaped ahead over the period.

I think all is not lost. We can play politics. It has become our birthright. But we can diversify it. We can spread it all over the land and let everybody own it. That way it may not be easy to cage. The opponents may not easily arrest it and say; “We don’t want Raila” to mean “We don’t want Luos”. We may break loose and release ourselves for a moment. Then we will be able to think and act freely.

Political Power

That the Luos are a political powerhouse is not secret. We have agile politicians. Ours are accurate political analysts and movers. But demerits put us in a can of vulnerability. If we gather ourselves in a valley and overlooking mountains fall over us, we crash. We can build our political power by according ourselves common playing ground. We owe our sons and daughters every space for sowing of their seeds now and in future. If we do what is right with our advantages, we raise our stakes in the national socio-political and economical divide. We can only opt to make political capital if we all value it. If we don’t we can leave it to the Odingas, especially, if they seem to believe in opposition leadership, or that we are the shield that protects the nation. It has hurt us over the years as the arsenals hit pearls like Tom Mboya, Robert Ouko and Odhiambo Mbai in the first, second and last regimes respectively. We do not want to lose more for that reason. We can avoid regrets. A stitch in time saves nine!

May the shield of knowledge save us!

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Speaking after being trounced by Kidero, Waititu honorably conceded defeat and said he has respected the wishes of the Nairobians.