Nipate
Forum => Kenya Discussion => Topic started by: vooke on September 14, 2017, 05:33:16 PM
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14th September 2017
Mr. Wafula Chebukati,
Chairman
Independent Electoral and Boundaries Commission
Anniversary Towers
Nairobi
Dear Sir,
RE: FRESH PRESIDENTIAL ELECTIONS
Your communication titled Status update on the Commission’s Preparedness for the Fresh Presidential Election (undated) and your letter dated the 13th September 2017 refers.
We note that the communication opens with reference to the Supreme Court’s annulment of the presidential election you conducted on August 8, and the attendant orders for a fresh election. It conveniently failed to acknowledge that the court found the Commission culpable for “illegalities and irregularities.”
The Commission is now proposing to proceed as if these illegalities and irregularities never happened. This is despite your acknowledgement of the same by way of the widely publicized letter written by the Chairman to the CEO detailing these acts which in their entirely constitute one of, if not the most egregious and cynical breach of trust committed by public officials in our Nation’s history. The Supreme Court judgement, the unprecedented public outrage, and our engagement with you so far has clearly failed to impress upon you the gravity of your misdeeds.
We need not remind the Commission that the Supreme Court (a) declared the presidential election null, void and invalid and (b) stated unequivocally that elections are to be adjudged on the constitutional threshold of a free and fair election. We see no evidence that the Commission is making a good faith effort to conduct a fresh election that fulfills the letter and spirit of the judgement. On the contrary, your attempt to circumvent the illegalities and irregularities smacks of further contempt of the court and the people of Kenya.
Your selective amnesia will not be allowed to stand. We will not participate in another sham election for which you are asking the Kenyan taxpayer to underwrite to the tune of KSh.12 billion.
We wish to further note that in your invitation letter you have admitted having a private meeting with the Jubilee Party members. A similar request made by the NASA Coalition to meet its leaders for a few minutes on the same day at your offices was rebuffed.
We hereby reiterate the conditions that we deem necessary for the fresh election as ordered by court, a comprehensive table is attached to this letter detailing all our irreducible minimums before the fresh presidential elections can be held in Kenya.
Procurement of Election materials
1. We reject the Commission’s intention to award printing of election materials to Al Ghurair. You are no doubt aware that a significant number of the election results declaration forms you presented to the Supreme Court did not conform to specifications. You are yet to explain whether these forms were forgeries created by election officials or part of the print order delivered by Al Ghurair. If they were part of the print order, then Al Ghurair gravely breached the printing contract and conspired with others to rig the election, and cannot be allowed to undertake another order.
2. Furthermore, we will insist that (a) the material be redesigned and (b) provision be made for the parties to put an authentication mark on the original Form 34As and 34Bs before they are dispatched from the Polling stations and constituency tallying centres.
Information and Communication Technology (ICT)
3. Your letter makes no reference to the Supreme Court order on ICT, an order that the Commission has yet to fully comply with. The Commission must comply with the court order. This is not just an election matter, but a fundamental issue of fidelity to the constitution and rule of law.
4. You have indicated in your letter that the servers used for the August 8 election will be audited before they are used for the election. This is woefully inadequate. By your own admission vide Chairman’s letter to the CEO referenced above, there were massive technology related irregularities, some self-evidently of a criminal nature. We surmise from the letter is that technology did not fail, it was failed. We ought not have to remind you of Chris Msando’s murder. We insist on a thorough independent transparent end-to-end audit and quality assurance of the election technology ecosystem. The terms of reference for the audit should be agreed by all the parties to the election.
5. Going forward, we insist on restoration of a stakeholder technology oversight committee with unfettered access rights to the system.
Election Personnel
6. It is not evident that the Commission will take any disciplinary action against the officers and/or its agents who perpetrated the electoral fraud. This is unacceptable. Accountability aside, these people cannot be allowed to participate in organizing and conducting the next election.
The court ordered scrutiny of results established that up to 80 Forms 34Bs were fake and therefore illegal. Officers who were complicit in processing results through these illegal forms being the respective returning officers and national tallying center officers who allowed the illegal documents to pass as results must not play any role in the fresh electoral process.
7. NASA rejects the proposed Project Team. This team is comprised in its entirety of the “second tier” officers who were intimately involved in the August 8 election. They are as it were “persons of interest”. Furthermore, your communication suggests that their superiors are now back in charge. This is a glaring example of the “see, hear, speak no evil” charade that is unacceptable to us, and the overwhelming majority of the Kenyan people.
Officers who facilitated the display of figures purporting them to be results but which at the Supreme Court hearing were disowned by the Commission as mere statistics must be barred from participating in the fresh elections. These officers include;
(i) Comm. Abdi Guliye - in charge of the failed ICT results transmission system
(ii) Comm. Molu Boya- in charge of North Eastern region where many fake Forms were used in the elections.
(iii) Ezra Chiloba (CEO)- accounting officer and the returning clerk at the national tallying center
(iv) Marijan Hussein Marijan- in charge of receiving all Forms 34Bs and allowed fake Forms 34Bs to be admitted into the national tallying
(v) Betty Nyabuto – Deputy Commission Secretary (Operations)- head of operations and ensured that fake Forms were distributed
(vi) James Muhati, Director ICT- executive in charge of the botched ICT results transmission system at the national tallying center
(vii) Immaculate Kassait- in charge of following up to ensure that presiding officers and returning officers sent the correct Forms. Prepared Form 34C before all polling station Forms had been delivered at the national tallying center.
(viii) Praxedes Tororey- head of legal affairs and gave wrong legal advice on premature declaration of results.
(ix) Moses Kipkogey- legal adviser to the CEO and gave wrong legal advice on premature declaration of results
(x) Sidney Namulungu- in charge of Kisii County where fake Forms were used to declare results
(xi) Nancy Kariuki- in charge of Mombasa County where fake Forms were used to declare results
(xii) Silas Rotich- in charge of Nakuru County where fake Forms were used to declare results.
8. We take your statement that “the Commission has designated Returning Officers and Deputy Officers for all the 290 constituencies to mean that you intend to retain every one of the Returning and Deputy Returning Officer that conducted the August 8 election. If this is the case, it is totally unacceptable. It is inconceivable that none of these officers was complicit in the electoral fraud and if it were the case, it would still need to be ascertained. We insist that all the Returning Officers, Deputy Returning Officers and Presiding Officers be vetted with the involvement of the parties to the election. Furthermore, we will insist that posting of returning officers be done by balloting in public.
Polling stations
9. Polling stations must be gazetted, names and respective GPS locations published in at least two daily newspapers with national circulation.
Results Declaration and Reporting
10. IEBC shall ensure that media will be given unfettered access to the election and specifically counting of votes and announcement of results at the polling stations, tallying and declaration of the presidential results at the constituency. The IEBC shall provide public access and media presence during the declaration of presidential results and live national coverage at all the 290 constituency tallying centres similar to the coverage provided at the national tallying centre (Bomas)
Further engagement with the Commission
11. We have pointed out severally that our experience with the IEBC does not inspire confidence regarding good faith or keeping its word. We note in this regard, that the Chairman committed himself publicly to not announcing the presidential results until all results were in, then proceeded to go back on his word. This being the case, we have made the considered decision that will henceforth engage the Commission in the context of an open structured national stakeholder dialogue in which binding resolutions will be made.
Sincerely
Hon. Musalia Mudavadi
Chairman, NASA Coalition Campaign Team
Encl.
https://drive.google.com/open?id=0B2rMMQJiqMB8bWhZekVLZmxzS1U
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[pdf]https://marietjeschaake.eu/media/uploads/posts/1505374235-EU%20EOM%20Kenya%202017%20Interim%20Statement%2014%20September.pdf[/pdf]
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NASWA have learnt of lengthy inshas from KM.
IEBC has set aside Tuesdays for meeting the political parties. Four Tuesdays of meeting tomthe election. They better make maximum use of these. They have wasted this week's
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Four more tuesday for this nightmare to end. Meanwhile seem SCOK are determined to give IEBC - 3 weeks to institute any changes they may recommend -if they stick to 21 days. This is just irresponsible.
NASWA have learnt of lengthy inshas from KM.
IEBC has set aside Tuesdays for meeting the political parties. Four Tuesdays of meeting tomthe election. They better make maximum use of these. They have wasted this week's
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Four more tuesday for this nightmare to end. Meanwhile seem SCOK are determined to give IEBC - 3 weeks to institute any changes they may recommend -if they stick to 21 days. This is just irresponsible.
NASWA have learnt of lengthy inshas from KM.
IEBC has set aside Tuesdays for meeting the political parties. Four Tuesdays of meeting tomthe election. They better make maximum use of these. They have wasted this week's
It's quite possible the full judgement will be full of more theories and less finger pointing. Nothing earth shattering which is why IEBC should not jump gun by implicating staff. Let them do what they believe is humanly possible to get their act together
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They talked about the processes - so I suspect they make a fuss about - statistics./results texted in - lack of form 34sA - and mess around original forms. In any case they need to release their FLAWED judgement early enough for any "cosmetic" changes they can come up - after annulling - an election that most thought was free, fair and credible.
's quite possible the full judgement will be full of more theories and less finger pointing. Nothing earth shattering which is why IEBC should not jump gun by implicating staff. Let them do what they believe is humanly possible to get their act together