Re: Wisdom is calling for Justification of Credibility for Integrity in Kenya IEBC is shrouded with claims of irregularities, malpractices with many flaws causing it to fail integrity compliance from its mandated responsibility where some of its personnel were caught red-handedly disfiguring and altering votes to favor an individual candidate. Detecting the anomalies, LSK, some Party Officials expressing frustrations that offered their cited claims and caused the Election Observers to scrutinize and verify form 36. Strengthening public confidence and nurturing peace, IEBC flawed counting process must be stopped urgently through the Supreme Court from expounding the explosive anomalies that in the public knowledge is the reason for the building up of the anxieties. People are demanding for their rights peacefully before any announcements can be made. The whole world knows things are going wrong in Kenya presently and things must be done the right way the first time to avoid fueling people's anger with a prolonged dangerous conflict which the erroneous lack of vote tallying will bring. It is believed that, the electioneering process have been engineered, doctored and falsified to give Uhuru an irregular edge lead so to be enthroned to accommodate Presidency failing credibility of integrity. This is not a process expected to provide a peaceful environment believed to be free and fair. It is the reason why people demand that the matter be fixed early before things get out of control. Transparency must ascertain clarity for satisfaction showing Reform credibility for integrity of the mandated Reform Agreement before IEBC can be trusted with any final announcement. It is not fair to provoke people to the edge and claim fairness of the process. Kenya is bigger than an individual. We are worried that High Court acted unfairly without taking into consideration people's constrained concerns, troubled fears with consequent mounting build-up anxiety from faulty IEBC irresponsible misdemeanor coupled with delays of release of vote results (believed to give room for rigging) that are seen to be surrounded with suspicious going-on activities with anomalies but instead are overlooked. It is common knowledge however that IEBC as an institution has failed to discharge their commitment responsibilities as mandated and people's rights are not honored but are put at serious risk. IEBC should be disqualified and fresh team to be constituted for fresh start. We hope peoples pleas shall be honored by the Supreme Court with the urgency it deserve and peace for the good of all shall prevail and that a conducive environment for progressive business should find room to thrive once again. High Court throws out poll petition Updated 3 hrs 32 mins ago By Pamela Chepkemei Nairobi, Kenya: High court has struck out a case filed to stop the tallying of votes from the presidential election. Three High Court judges held they have no juridiction to entertain a case on presidential elections saying only the supreme court can deal with it. The petition filed by the Africa Centre for Open Governance at the High Court in Nairobi (Africog) sought to stop the tallying of the presidential votes which is nearing the end at the Bomas of Kenya. The case was filed on Thursday evening and the Chief Justice Willy Mutunga appointed three judges on Friday morning to hear it. High Court Judges Isaac Lenaola, David Majanja and Weldon Korir directed that they would have to first make a decision on whether they have the jurisdiction to handle the case. The NGO's lawyer, Harun Ndubi applied to have the judges issue orders stopping the tallying of votes but the court refused. Ndubi said they wanted the court to direct the Independent Electoral and Boundaries Commission to obey the law and correct the anomalies in the vote tallying process. "There are many identified irregularities that will undermine the integrity of the results including tallying of non-verified presidential ballots yet there is uncontroverted evidence of many constituencies having a turnout of more than registered voters," said Mr Ndubi. IEBC had objected to the case arguing that it should be determined at the Supreme Court. "This dispute should be dealt with by the Supreme Court," said IEBC lawyer, Mr A. Nyamodi. The Jubilee Coalition whose Presidential candidate is Uhuru Kenyatta had also objected to the case being heard at the High Court. Observers call for scrutiny of Form 36 GLANCE FACTS ELECTION
The percentage of all polling stations where ODM and Wiper party agents were present and signed declarresults. 88
Related News SHARE THIS STORY Updated Friday, March 08 2013 at 01:42 GMT+3
By Ally Jamah Election observers have urged the Independent Electoral and Boundaries Commission (IEBC) to open up the manual tallying of presidential results to thorough scrutiny and protect the credibility of the results. Speaking yesterday in Nairobi as IEBC continued to announce results from across the country, Election Observation Group (Elog) said Form 36 should be opened up to the media and observers to be counterchecked for accuracy. Elog is made up of a coalition of Kenyan civil society groups. Form 36 contains the number of voters registered in a particular area, total votes cast and the results as announced at that level. Every Returning Officer is required to furnish IEBC headquarters a duly signed Form 36 that has been validated through signing at constituency and county levels, and later signed at the headquarters. "The essence of electronic transmission was to have data available to everybody at the same time to boost transparency. But since the system has not worked, IEBC should compensate for that by opening up Form 36 so that the element of transparency is not lost," said Elog Chairman Kennedy Masime. The observer group's panel member Davinder Lamba said their analysis of the counting process indicated it was not up to the required standard. Elog noted that political parties requested a recount in the presidential election in only 2.8 per cent of the polling streams. "An Orange Democratic Movement/Wiper party agent was present in 88 per cent of all the polling streams. Where they were present, the agent signed the declaration of results for the presidential elections in 95 per cent of these polling streams. Similarly, The National Alliance/United Republican Party agents were present in 90 per cent of all polling streams, where they signed the declaration of results for presidential elections in 96 per cent of all polling stations," explained Lamba. He reassured Kenyans that Elog's Parallel Voter Tabulation would verify and safeguard the integrity of the final presidential election results as announced by IEBC. The observers urged politicians to stop making inflammatory public statements about the results and leave IEBC to complete its work. Masime said CORD complaints about 'doctored results' made yesterday by Vice-President Kalonzo Musyoka were out of order, insisting that such issues could only be raised after IEBC has announced the final results. He urged CORD to take up the matter with the courts rather than making public statements of rejection, saying such a move would raise tension. IEBC officials arrested over manipulation of results Posted by admin on Tuesday, March 5, 2013 · Two presiding officers were arrested for questioning over alleged manipulation of votes at a polling station in Bomet Central constituency. The presiding officers, a deputy and three party agents were arrested after a county representative candidate raised the issue. "We do not know whether the altering of results was intentional and that is why we have asked for intervention of the police to know the truth," said IEBC returning officer in Bomet Central, Patrick Wanyama. Bomet OCPD Henrietta Muyanje confirmed the arrest, saying they were being held for questioning over the malpractice. Muyanje said the five, who were working at Kapsimotwo polling station, were alleged to have altered the results of two candidates for the Township ward. "The incident raised concern among party agents and the public, who were following the tallying. They informed the constituency returning officer who sought our help," she said. The officer said police are also looking for the polling clerks to record a statement to enable police unearth the truth on the incident. "We are still waiting for a statement from the clerks because the presiding officers were claiming that the mistake might have emanated from them," the OCPD added. According to the returning officer, the IEBC officials being held were alleged to have altered results for a URP candidate and recorded 119 votes for the candidate instead of four. "The candidate, who got four votes, was given 119 instead. The act is an offence under the IEBC Act. This is a free and fair election and we cannot allow such acts to mar it," he said. Mr Wanyama said the correct results were finally announced after corroborating with the agents' records.-StandardMedia
LSK report cites campaign irregularities SHARE THIS STORY Updated 9 hrs 52 mins ago By Mangoa Mosota and Dennis Onyango A preliminary report by the Law Society of Kenya (LSK) indicates some areas have witnessed cases of malpractices since the campaign period began. The document signed by LSK chairman Eric Mutua calls for patience from Kenyans, as the Independent Electoral and Boundaries Commission (IEBC) continues tallying the presidential results. The report, titled Preliminary Report of the 2013 Election Observation, states that there were statements amounting to hate speech and incitement made by various candidates. "There were also claims of bribery, voter card and identity card buying in Kilifi, Kitui, Kakamega, Kisii, Nyamira, Mombasa and parts of Nairobi counties," states part of the report. It indicates that violence and intimidation occurred during party nominations and campaigns throughout the country. The report said there was also storming of IEBC offices by some aspirants and inciting leaflets. "Sixteen kiosks were burnt down in Eastleigh and a vehicle belonging to Justus Kizito, outgoing Member of Parliament of Shinyalu Constituency," it states. Electoral process During party nominations in January, there was violence in different parts of the country. This was conspicuous in several parts of Nyanza such as Kisumu, Siaya and Homa Bay counties. There were skirmishes in parts of Central and Rift Valley provinces. The report, however, states it is too early to make conclusion on the electoral process. "IEBC is required by law to release the final vote tally within seven days after the close of polls. Patience is required to enable the electoral body exercise their constitutional mandate," states the report. Court rejects case to block vote tally NAIROBI, Kenya, Mar 8 – The High Court has dismissed a case filed by the civil society that was seeking orders to stop the presidential vote tallying process. A three-judge bench led by Isaac Lenaola ruled that the High Court does not have jurisdiction to hear presidential election matters. The bench ruled: "The Supreme Court has original and exclusive jurisdiction to hear and determine all matters arising from the presidential election starting from the nomination to the declaration of results." The bench however acknowledged that the matters raised in the application were urgent and needed attention, but from the right forum. Consequently, the African Centre for Open Governance which filed the suit has been directed to seek redress in the Supreme Court. Justices David Majanja and Weldon Korir were also on the bench. The lobby group had wanted the High Court to order the Independent Electoral and Boundaries Commission (IEBC) to stop the tallying and verification of the presidential ballots and start it afresh. The organisation represented by lawyer Haron Ndubi had claimed that the tallying was not credible. "We want IEBC to be directed to revive the electronic voter tallying mechanism because it is the only accountable mechanism that defends the integrity of the ballot." "But before that is done we are asking that the manual tallying be stopped forthwith," he told reporters at the court. IEBC Chief Executive Officer James Oswago insisted that the tallying process continues following the court dismissal and was expected to end on Friday night. On Thursday, The running mate of Prime Minister Raila Odinga Kalonzo Musyoka disputed the results of far released saying they had been "doctored". Musyoka said that the failure of the Electronic Vote Transmission System facilitated the "doctoring" of results which are by law meant to be transmitted from the polling stations. "There has been a total failure of the Electronic Vote Transmission system and we have evidence that the results we have received have been doctored," the outgoing VP said at a briefing. Musyoka, speaking on behalf of the Coalition for Reform and Democracy (CORD), demanded that the tallying process be stopped and re-started using primary documents from polling stations. IEBC chairman Issack Hassan however dismissed the claims and maintained that the commission had not received any written complaints from the coalition.-Capital FM Raila team protests tally as Uhuru leads SHARE THIS STORY Updated 9 hrs 29 mins ago By Standard Team
NAIROBI; KENYA: With final results from 153 constituencies and the Diaspora in by 10.20pm pm Jubilee Alliance presidential candidate Mr Uhuru Kenyatta maintained a lead of 318,610 votes. Mr Raila Odinga's Coalition for Reforms and Democracy protested over the incoming results, questioned the process at which they were arrived at, and called for cancellation and fresh start of totaling. By 8.30pm, with results from 132 constituencies in, Uhuru led with 3,152, 486 votes while Raila had garnered 2,580, 302. Amani Coalition's Musalia Mudavadi was in third position with 174,348 votes. The total votes cast were 6,031,500 while spoilt votes were 58,409, the Independent Electoral and Boundaries Commission (IEBC) announced at Bomas of Kenya National Tallying Centre. IEBC Chairman Issack Hassan explained the drastic drop in the number of spoilt ballots from the over 300,000 initially reported in provisional results transmitted through the collapsed electronic mode, saying they were exaggerated by a system error. "There was an error with the database server query. The problem was that all rejected votes were being multiplied eight times," Hassan said. The final presidential results are expected to be out today as promised by the IEBC even as CORD disowned the results already announced and called for stoppage of the manual tallying process. Raila's running mate, Vice-President Kalonzo Musyoka, who communicated the CORD position alleged the vote tallying had been compromised and demanded the exercise be stopped. In the invitation to the news conference at Serena Hotel the CORD campaign team had indicated Raila would attend. "Because of concerns raised, we as a coalition take the position that the national vote tallying process lacks integrity and has to be stopped and restarted using primary documents from the polling stations," Kalonzo said. Impartial process But Hassan defended the process saying IEBC commissioners were impartial and committed to respect the oath of office to oversee free, fair and credible elections. Hassan said as IEBC chairman, he was the Returning Officer for the presidential elections and thereby any dispute should be addressed to him in writing before final declaration of official results. He declared the tallying of presidential votes could not be stopped, as it was a legal process and the final stage after declaration of results for other elective positions. "This is the final leg of the process. If anyone has any objection to this process there is a clear legal position," Hassan said at Bomas. He responded to each of the claims by the CORD team and assured a foolproof system was in place to verify results submitted physically by the Returning Officers for the 290 constituencies. "We have eight verification and audit teams comprising top IEBC officials to receive, verify and authenticate reports," Hassan said. Criminal responsibility He added: "There is no room to doctor results. If any elections official aids in committing electoral malpractice that official will bear personal criminal responsibility." Hassan dismissed allegations that the commission had announced inflated figures in any of the constituencies whose official results had since been declared. "Under the law, any results that show the total votes cast exceed the number of registered voters will lead to automatic cancellation," Hassan said. He went on: "So far the commission has not seen a case where the total number of votes has been high compared to registered voters. But there has been a high turnout in this election." CORD had alleged IEBC had announced votes from constituencies in which the number of votes cast exceeded the registered voters. "In some areas, total votes cast exceed the number of registered voters. For example, Bureti, Kajiado South, Runyenjes, Wajir North and Kathiani, among others," Kalonzo added. However, in Bureti, figures released by the IEBC indicated the total votes cast were 58,062 against an enrolment of 62, 955. Many options CORD also claimed in Kajiado South there were 41, 040 registered voters yet total votes cast were 41,986. But the IEBC website shows the constituency has 46,218 registered voters. "Our options are wide open including what you have just asked," Kalonzo had replied when asked by a journalist if CORD intended to move to court. Kalonzo had also alleged that the IEBC had denied CORD agents access to witness and verify the vote tallying, claiming they were "literally kicked out." Hassan said the presidential agents had been relocated to avoid overcrowding but were being furnished with the results forms and were free to raise objections. On allegations by CORD that IEBC commissioners were announcing results under duress, Hassan explained they had no partisan role. "There are no divisions within the commission. The management is working as one commission. It is not true that there are certain forces pushing us. We don't even know how these results will turn out," he added. Failed system The electoral Commission started relaying the presidential results on Monday evening through an electronic transmission system but it failed, halting the relay of presidential results. IEBC then opted to go manual, waiting for the 290 Returning Officers to bring the results physically to the National Tallying Centre at the Bomas of Kenya. "These are legally recognised results. They have been signed off by all party agents at the polling stations and a copy posted on the door of the polling station before being forwarded to the national tallying centre," Hassan explained. He assured the commission would only declare results that reflect the will of the people. Later in the evening Jubilee criticized CORD over the allegations of anomalies in tallying and returns showing there were areas where those said to have voted exceeded those registered, saying this was "false and reckless". | 
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