Kenya Election 2013 Petition...Uhuru and Ruto's victory upheld.

Discussion in 'Kenyan Politics' started by Ab-Titchaz, Mar 14, 2013.

  1. Ab-Titchaz

    Ab-Titchaz Moderator Staff Member

    #1
    Mar 14, 2013
    Joined: Jan 30, 2008
    Messages: 16,212
    Likes Received: 13
    Trophy Points: 0
    [​IMG]


    https://docs.google.com/file/d/1Wr3nujQ1Qmv-DYmeah2C1l7fWhnCb_J3KBLAQYPS7Des22Z6aUcjbCf-AE4G


    1
    .
    THE HON. JUSTICE (DR.) WILLY MUNYWOKI MUTUNGA, D. Jur., SC, EGH –
    CHIEF JUSTICE & PRESIDENT OF THE SUPREME COURT OF KENYA


    2.
    THE HON. MR. JUSTICE PHILIP KIPTOO TUNOI

    3.
    THE HON. JUSTICE (PROF.) J.B. OJWANG

    4.
    THE HON. MR. JUSTICE MOHAMED KHADHAR IBRAHIM

    5.
    THE HON. JUSTICE (PROF.) SMOKIN WANJALA

    6.
    THE HON. LADY JUSTICE NJOKI NDUNG'U SUSANNA


    Day 1









    Day 2









    Day 3







    Day 4









     
    Last edited by a moderator: Jan 4, 2016
  2. Mwita Maranya

    Mwita Maranya JF-Expert Member

    #2
    Mar 14, 2013
    Joined: Jul 1, 2008
    Messages: 10,533
    Likes Received: 11
    Trophy Points: 38
    Thanks mdau Ab-Titchaz kwa hii piece of information. Tunasubiri kwa hamu na gamu kusikia ushahidi utakachofikishwa mahakamani na mawakili wa Cord na muhimu zaidi ni namna supreme court itakavyoihandle kesi hii.

    Binafsi siamini kama mahakama inaweza kutengua ushindi wa Uhuru. Sitarajii kuona uamuzi kama huo katika nchi zetu za kiafrika hata kama kutakuwa na ushahidi mzito kiasi gani bado naamini court itatoa ruling kwa favour ya president elect tu.

    Labada hii kesi inaweza kusaidia kuwaonyesha wakenya mapungufu ya IEBC ili wayafanyie kazi kwa ajili ya chaguzi zijazo huko mbeleni.
     
    Last edited by a moderator: Jan 4, 2016
  3. M

    MkamaP JF-Expert Member

    #3
    Mar 14, 2013
    Joined: Jan 27, 2007
    Messages: 5,810
    Likes Received: 8
    Trophy Points: 38
    KWani huyu jaji wa court hii hakuteuliwa na Kibaki kama yule wa IEBC? just wondering.
     
  4. Ab-Titchaz

    Ab-Titchaz Moderator Staff Member

    #4
    Mar 15, 2013
    Joined: Jan 30, 2008
    Messages: 16,212
    Likes Received: 13
    Trophy Points: 0
    Kulikua na public vetting process ya hawa mabwana na Judicial Service Commission ya Kenya. His appointment haikufanywa na Kibaki ambaye alikua anataka kufanya unilateral appointment ya Alnashir Visram kama Jaji Mkuu.
     
  5. Ab-Titchaz

    Ab-Titchaz Moderator Staff Member

    #5
    Mar 15, 2013
    Joined: Jan 30, 2008
    Messages: 16,212
    Likes Received: 13
    Trophy Points: 0
    CORD begins fight to overturn Uhuru ‘win’


    By Geoffrey Mosoku

    NAIROBI; KENYA: The Coalition for Reforms and Democracy (CORD) files its petition at the Supreme Court on Friday to challenge the declaration of Uhuru Kenyatta as President-elect.

    The petitioner is Eliud Owalo, chief campaign manager of Prime Minister Raila Odinga who was the CORD presidential flag-bearer in the March 4 elections.

    But in a new twist, three people have filed a petition with the same court asking it to rule on whether the Independent Electoral and Boundaries Commission should have included rejected ballots in its final tally of the March 4 presidential votes.

    The three are closely linked to the Jubilee Coalition. They are Mr Dennis Ole Itumbi, Moses Kuria and Ms Florence Sergon. Mr Itumbi runs a news and gossip Internet site, while Kuria is a media consultant and political commentator allied to The National Alliance (TNA).

    It is now not clear which case the Supreme Court will deal with first, or if the cases will be heard concurrently. The court is supposed to listen and determine the cases within 14 days from the day of filing the case.

    Under the Constitution, a person seeking to contest the presidential election has seven days to do so, following the declaration of the winner.

    CORD has chosen Friday, ahead of Monday’s deadline following last Saturday announcement that declared Uhuru as president-elect.

    Secretive way

    The alliance said on Thursday they were finalising papers and documents required to file the petition contesting Uhuru Kenyatta’s election as president. “We would like to inform Kenyans that we are in the final stages of preparing our presidential election petition to the Supreme Court, which we will file tomorrow (today),” said senior counsel and Makueni Senator-elect Mutula Kilonzo who is also Education minister.

    Kilonzo said CORD’s legal team led by senior counsel George Oraro and Pheroze Nowrojee are ready to go to court today to challenge Uhuru’s election.

    But referring to the same, Uhuru on Thursday said CORD’s move would not stop him and Ruto from laying the groundwork for their government.

    “We have no time to waste; we are not sure if Kenyans want to look at us continue to bicker while they continue enduring suffering. We are not reaching out to our competitors because we fear anything; we only want to start reconciling Kenyans.”

    “We want to tell you we had our plan as Jubilee. We cannot waste any single moment on the grounds that we are waiting for a petition,” said Uhuru. He added: “The Judicial processes will proceed even as the Jubilee government prepares to lay the structures to govern this nation, as we must do.”

    CORD said they would proceed to file their case in court despite what they termed as efforts by the IEBC to frustrate them by denying them important documents in defiance of a High Court order.

    “It’s important to note that in spite of the High Court order issued to provide us with relevant documentation, the IEBC continues to frustrate this directive,” Mutula added.

    On Thursday, the commission sent an SMS saying they had posted the required Form 34 on its website for all Kenyans to access.

    “The 33,000 Forms 34 requested by CORD and used to tally presidential results in the General Election are posted on the website for all,” IEBC said in the SMS.

    However, Lands minister and Siaya Senator-elect James Orengo said it was tedious to get the document as it was frustrating to download them with Mutula saying it was mischievous for the IEBC to post the documents in its website.

    “If the electronic tallying collapsed, and they used manual tallying, it could have been fair for them to give us hard copies of the requested documents,” Mutula said during a media briefing at the Serena Hotel.


    CORD said it has evidence to prove the elections were bungled and that IEBC has been operating in a secretive way, with Orengo saying the electoral body’s chiefs were inaccessible.

    “This is the most opaque commission, worse that the ECK of 2007. Even to knock on the door of the chairman (Issack Hassan) is like knocking the door of a general in a military camp,” he added.

    The two who were accompanied by Busia Senator-elect and former Attorney General Amos Wako, Medical Services Minister and Kisumu Senator-elect Anyang Nyong’o and Ogla Karan also protested that the IEBC failed to grant them access to the registers used during elections.

    Wako said IEBC had effected many changes in the registers and thus CORD was seeking all the different versions of the voters’ roll.

    “There is a process which leads to a final register. First you close registration, open inspection and then clean up the register to come up with the final document. However, when the final register produces other versions, you ask yourself which is the genuine one,” said Wako.

    Declare publicly

    CORD further failed to disclose if Safaricom had forwarded to them all the information they were seeking.

    Wako said they were justified to move to the Supreme Court adding: “It is not just a democratic right but a constitutional duty for any citizen to move to the Supreme Court if he feels the Constitution has been violated.”

    Earlier, MPs, governors and senators-elect from the Kisii community addressed journalists at the same hotel where they threw their weight behind the CORD petition.

    Led by Kisii senator-elect Chris Obure, the leaders said they had faith the Supreme Court will grant the country justice by delivering a fair verdict. They urged their Jubilee counterparts to declare publicly that they were willing to accept ruling.

    Those present included Richard Onyonka (Kitutu Chache South), Ben Momanyi (Borabu), Simon Ogari (Bomachoge), John Arama (Nakuru Town West), Simba Arati (Dagoretti North), Elijah Moindi (Nyaribari Masaba), Timothy Bosire (Kitutu Masaba), Chris Bichage (Nyaribari Chache), Charles Geni (North Mugirango), Mary Otara (Kisii County Women Representative), Alice Chae (Nyamira County Women Representative), John Nyagarama (Nyamira Governor), Joseph Kiangoi (EALA) and Manson Nyamweya (South Mugirango).

    Onyonka said the Kisii community is supporting the CORD’s quest for justice, saying the Raila Odinga-led coalition enjoys support across the country and has the right to petition the outcome of a General Election it feels was mishandled.

    And in another press conference held at the Panafric Hotel, MPs-elect from the Kamba community reiterated and affirmed their total support for CORD’s petition.
    They included Bernard Kitungi (Mwingi West), Jessica Mbalu (Kibwezi East), Joe Mutambu (Mwingi Central), among others.

    Standard Digital News - Kenya : CORD begins fight to overturn Uhuru ?win?
     
  6. Kigogo

    Kigogo JF-Expert Member

    #6
    Mar 15, 2013
    Joined: Dec 14, 2007
    Messages: 19,301
    Likes Received: 10
    Trophy Points: 38
    Raila mlalamishi sana...hatacuchaguzi urudiwe leo hawezi kushinda
     
  7. Dr. Job

    Dr. Job JF-Expert Member

    #7
    Mar 15, 2013
    Joined: Jan 22, 2013
    Messages: 700
    Likes Received: 0
    Trophy Points: 0
    [​IMG]
    Its all systems go as CORD does the final touches on this behemoth of a petition. This is going to be a shocker of biblical proportions as friends at the nerve center tell me. CORD already knows what they have and they simply need the information from IEBC for cross reference purposes. When the smoke clears and the dust is settled there will be no IEBC to run the next election for it will have to be overhauled. The resolve is firmly grounded as we know our 'cyber courts' have already adjudicated the case and if anything are saying 'Hakuna haja'. That's expected from somebody who is stealing from you because they don't want you to be aware of their pilfering ways.

    I have confidence in the person of the Chief Justice Mr Willy Mutunga, a man appointed in a transparent vetting process by the JSC. He is a man of integrity who believes in the rule of law ever and has stood on the side of justice time and time again. Just yesterday he postponed the swearing of TSC commissioners because they have a case pending in court.


    Standard Digital News - Kenya : Mutunga postpones TSC commissioners swearing in

    So I said to myself if he has told these TSC chaps to hold on till their case is resolved, then somebody needs to tell those Jubilee fellows that the swearing in ceremony of the President-Select is not happening anytime soon. That is the how the law operates.

    Thank God for the New Kenyan Constitution.

    Now those who are keen know that the IEBC is starting from a very disadvantaged position when it comes to their ability to carry out an exercise of such huge magnitude. The ramifications not withstanding. The BVR failed and transmission mechanism put in place as a check and balance also failed. This is why the returning officers just walked casually into Bomas of Kenya with the forms showing tallying from various polling stations. Not accompanied or security whatsoever..mambo 'kienyeji styro!' These are not contested facts no matter how many excuses Mr Hassan tried to make. Hassan’s explanation has been that he used the manual stuff and relied on the form 36 which replaced the now infamous form 16. But Hassan should remember that the transmission requirement is part of the electoral laws for a reason. It provides the first check and balance in the system. It was recommended by the Kriegler team and enacted into law because in 2007, the the Returning Officers altered records so badly that even Mr. Kriegler agreed it was not possible to determine who won.

    Therefore in as much as the final poll result had to come from the manual data, the constitution provided for that data to be cross checked with the provisional data transmitted directly from the voting location. Due to the failure of the transmission their is no provisional data to provide the check and balance that was supposed to be the first line of defense against electoral fraud. This posses a big problem for IEBC as they have directly contravened the constitution.

    Now lets look at the rejected voters that kept on increasing steadily up to the 300K mark when the whole thing was called off. When Hassan was asked about he said that it was a bug multiplying things by 8. Now the problem becomes he will have to explain to the court how this whole thing works in the IT world. Now, I know I'm not IT guru but one thing I know for sure is that when you do something on the Internet there are 'always cyber footprints' that are left behind. If by any chance there is found any evidence of deliberate tampering to compromise the system (this is the word in the grapevine by the way) then IEBC are in for a serious spanking. This was too important an exercise for somebody to say they forgot to charge the batteries of the BVR kits and that's why they didn't work on the morning of the election. And we are supposed to believe such garbage!

    Uhuru Kenyatta and his godfather Mwai Kibaki are busy trying to paint this crazy picture that the election is over lets move on. I beg to ask move on to what? This business of stealing elections needs to stop and it needs to stop now! We have to show these old geezers that that time is gone and this a new Kenya. I'm disappointed at Uhuru Kenyatta who I believed would be a breath of fresh air into Kenya's Presidency, yet he has chosen the same old archaic ways of stealing elections blatantly with the careless mta-do? posture. This is a very different Kenya! That is why Raila refused to accept the unilateral appointment of A. Visram as Chief Justice. If that had happened Uhuru Kenyatta would have been sworn in by now and a couple people locked up just to prove a point. Raila saved us that mess.

    Thank God for The New Kenyan Constitution.

    God Bless Kenya!

    Lemmie get ready to go to the High Court.
     
  8. Dhuks

    Dhuks JF-Expert Member

    #8
    Mar 15, 2013
    Joined: Mar 15, 2012
    Messages: 1,703
    Likes Received: 1
    Trophy Points: 38
    Yupi huyo?
     
  9. Jammu Africa

    Jammu Africa JF-Expert Member

    #9
    Mar 15, 2013
    Joined: Jan 3, 2010
    Messages: 532
    Likes Received: 0
    Trophy Points: 0
    Very funny,

    A whole week since the announcement of the winner in Kenya and yet,,,,the cord is swearing how they are going to surprise the Jubilee side with incriminating evidence they have,,,,yet again,,they are complaining that the IEBC is withholding some papers????? If you accuse me of some misconduct,,,is it up on me me to provide you with evidence so that you can hang me????

    Until now,,,they have yet to show what is their complain. It is clear that,,by now,,,this guys are wasting their own time. You have to have evidence before even thinking of going to the court. The IEBC decided to avail the cord with all they wanted,, some 500,000 copies of document,,,yet,,these guys are still complaining. Let them point out the gross misconduct, as they call it,,on the side of the IEBC,, if they are serious in what they say,,instead of complaining like small kids,, na kutisha tisha ati,,,,tutafanya hivi na vile,,,,kwanini msifanye badala ya kila saa,,kuita watu wamangazeti na koungea porojo tupu???.

    Nyani anayekufa,,,kila mti anaeshika,,,,,,,,,,,,,, huteleza. Is this is what the kind of reform they were about to introduce into this country???????? Mungu ni mkubwa na hatakubali hii inchi iwe katika mikono ya watu kama hawa. A group of observers (7,000) says the election was fair and democratic.

    I hope these people ( observers) were not ,,,,,Kikuyus.
     
  10. M

    MABAGHEE JF-Expert Member

    #10
    Mar 15, 2013
    Joined: Nov 8, 2010
    Messages: 678
    Likes Received: 0
    Trophy Points: 16
    It is their right to go to court if they are not satisfied with the way the elections were conducted.
     
  11. M

    MABAGHEE JF-Expert Member

    #11
    Mar 15, 2013
    Joined: Nov 8, 2010
    Messages: 678
    Likes Received: 0
    Trophy Points: 16
    There might be a lot that will be disclosed behind the curtain. It just a matter of time, the court's verdict will unveil what was hidden behind the curtain. The IEBC should be ready to also present their defenses.
     
  12. Dhuks

    Dhuks JF-Expert Member

    #12
    Mar 15, 2013
    Joined: Mar 15, 2012
    Messages: 1,703
    Likes Received: 1
    Trophy Points: 38
    That says its all
     
  13. Jammu Africa

    Jammu Africa JF-Expert Member

    #13
    Mar 15, 2013
    Joined: Jan 3, 2010
    Messages: 532
    Likes Received: 0
    Trophy Points: 0
    The CORD alliance will be very happy if you can avail them with that
    kind of evidence,,,that he, Uhuru Kenyatta,, stole the 'elections'.

    They are very desperate to get their hands on such materials.

    And,,once again,,the cord alliance did not go to the court today
    as they promised yesterday.


    Why,,ati,,because,,, to give others a chance to file other cases,,
    ,,,,,,,,,,,,,,,,and i ask,,,,which cases that are greater than this???

    Is this not a joke?????????????????They say that they are going to
    do this tomorrow when Kesho si mbali saaaaana.

    These 'reformers' he he he,,will have to reform themselves,,,,
    first.
     
  14. kitalolo

    kitalolo JF-Expert Member

    #14
    Mar 15, 2013
    Joined: Dec 4, 2006
    Messages: 1,843
    Likes Received: 6
    Trophy Points: 38
    [MENTION] Ab-Titchaz[/MENTION]hawa watu wako serious kweli au hawana hoja??

    Cord postpones filing of petition


    FRIDAY, MARCH 15, 2013 - 00:00 -- BY LYDIA MATATA

    The Coalition for Reforms and Democracy has postponed the filing of its election petition at the Supreme Court on Saturday.

    Cord officials said yesterday that the petition challenging the election of Jubilee alliance’s Uhuru Kenyatta as the fourth President of Kenya would be filed today.

    James Orengo has however said there are many petitions being filed today at the
    Supreme Court hence their decision. They added that the IEBC is yet to
    give them all material ordered by the court, but they will proceed with
    the evidence they have.
     
  15. Mwita Maranya

    Mwita Maranya JF-Expert Member

    #15
    Mar 15, 2013
    Joined: Jul 1, 2008
    Messages: 10,533
    Likes Received: 11
    Trophy Points: 38
    Hii kesi ni nzito sio ya kukurupukia lazima wajiapange vizuri sana kwamba wakiifile lazima wawe na concrete evidence. Bora wachelewe ama wasiifungue kabisa kuliko kufanya haraka za kuifungua halafu kesi inaishia kutupwa kwa sababu ambazo wangeweza kuziepuka.
     
  16. Mwita Maranya

    Mwita Maranya JF-Expert Member

    #16
    Mar 15, 2013
    Joined: Jul 1, 2008
    Messages: 10,533
    Likes Received: 11
    Trophy Points: 38
    Waswahili ndivyo tulivyo hatuna jema hata moja. Raila alipokataa kweda mahakamani mwaka 2007 na kusababisha maafa kwa wakeya mkamlaani kwa nguvu zote.
    Mwaka huu kabla ya uchaguzi mkakesha hapa na kumsihi asiyeridhika na matokeo aende mahakamani badala ya kwenda mitaani kama ilivyotokea 2007.
    Sasa Raila ameamua kuchagua njia sahihi kabisa ya kikatiba lakini bado tena waswahili mnamlalamikia. Yani sijui watu mkoje aisee hata mfanyiwe nini hamridhiki.
     
  17. Zipapa zipapa

    Zipapa zipapa JF-Expert Member

    #17
    Mar 15, 2013
    Joined: Feb 15, 2013
    Messages: 302
    Likes Received: 0
    Trophy Points: 16
    Where is the evidence? Waste of time and money I think
     
  18. Nyani Ngabu

    Nyani Ngabu JF Platinum Member

    #18
    Mar 15, 2013
    Joined: May 15, 2006
    Messages: 55,659
    Likes Received: 862
    Trophy Points: 113
    Hahahaa umeona eeh? It's like he is damned if he does and damned if he doesn't.

    Raila ana haki zote za kwenda mahakamani. Wamuache aende na mahakama itaamua na yeye kasema atakubaliana na uamuzi wowote ule wa mahakama hiyo.
     
  19. kitalolo

    kitalolo JF-Expert Member

    #19
    Mar 15, 2013
    Joined: Dec 4, 2006
    Messages: 1,843
    Likes Received: 6
    Trophy Points: 38
    lakini huoni kwamba muda unakwenda na kwanini wapige kelele majukwaani badala ya kukaa chini na kutoka na kitu strong
     
  20. Dr. Job

    Dr. Job JF-Expert Member

    #20
    Mar 15, 2013
    Joined: Jan 22, 2013
    Messages: 700
    Likes Received: 0
    Trophy Points: 0
    IEBC officials are right now doctoring ballot boxes at Kenyatta University Business Center underground floor Room 014. The door is written 'out of bounds'. There are tonnes of ballot boxes in there. Kenyatta University students have the place surrounded.

    Let them be informed that the boxes are not going anywhere. Spread the word coz the media will not kama kawa.


    Tuko tayari!
     
  21. mfianchi

    mfianchi JF-Expert Member

    #21
    Mar 15, 2013
    Joined: Jul 1, 2009
    Messages: 5,822
    Likes Received: 15
    Trophy Points: 38
    Waswahili ni kama jiji la Dar Es Salaam,ikinyesha mvua mafuriko,jua likiwaka mjoto hadi vyupi vinalowana,hakuna jema kwa jiji la Dar.na miswahili (pamoja na Wakikuyu)ndivyo ilivyo
     
  22. Bantugbro

    Bantugbro JF-Expert Member

    #22
    Mar 15, 2013
    Joined: Feb 22, 2009
    Messages: 2,640
    Likes Received: 0
    Trophy Points: 36
    Conclave...:A S shade:
     
  23. Ab-Titchaz

    Ab-Titchaz Moderator Staff Member

    #23
    Mar 16, 2013
    Joined: Jan 30, 2008
    Messages: 16,212
    Likes Received: 13
    Trophy Points: 0
    [​IMG]


    [​IMG]



    Cord has a strong case, says lead lawyer Oraro


    The Coalition for Reforms and Democracy (Cord) has said it is confident of overturning the election of Uhuru Kenyatta as president.

    Cord's lead
    lawyer George Oraro said the coalition has enough evidence to prove its case at the Supreme Court.

    "We (Cord) have a strong case and are sure we are going to overturn IEBC (Independent Electoral and Boundaries Commission) move to declare Uhuru Kenyatta as President-elect," Mr Oraro said Saturday.

    He said the IEBC had not provided all the information Cord needed but it had "sufficient evidence" to mount a strong case.

    Mr Oraro said Prime Minister Raila Odinga is the petitioner in the case.

    He named the respondents as IEBC, commission chairman Isaack Hassan, Mr Kenyatta and deputy-president elect William Ruto.

    Mr Oraro said Cord has assembled five
    lawyers to argue its case before the Supreme Court. He said Cord was dissatisfied with the way vote counting was done and that party agents did not sign Form 36.

    After court officials verified Cord's documents, the legal team was asked to
    deposit one million shillings as security and Sh550,000 for advertisement in local media.

    Civil society group, AFRICOG, also filed a petition challenging the tallying process at the Bomas of Kenya.


    Cord has a strong case, says lead lawyer Oraro - Politics - nation.co.ke
     
  24. Ab-Titchaz

    Ab-Titchaz Moderator Staff Member

    #24
    Mar 16, 2013
    Joined: Jan 30, 2008
    Messages: 16,212
    Likes Received: 13
    Trophy Points: 0
    CORD files petition at Supreme Court


    [​IMG]


    Nairobi, Kenya: CORD’s lead lawyer George Oraro is confident of a strong case after filing a petition contesting Uhuru Kenyatta’s declaration as the president elect.

    Oraro said Prime Minister Raila Odinga is the petitioner in the case while Independent Electoral and Boundaries Comission (IEBC), Isaack Hassan(IEBC Chair), President elect Uhuru Kenyatta and deputy president elect William Ruto are the respondents.

    Hassan is the returning officer of the presidential results.

    Raila accuses IEBC of negligence and failure to conduct free and fair elections in the March 4 elections.

    Addressing a press conference on Saturday, the PM said they have enough evidence to challenge IEBC results.

    “I am not challenging the outcome of the IEBC results because I want to be declared President but rather let the will of the people prevail. We are going to court today. We have enough evidence”, Raila said.

    Standard Digital News - Kenya : CORD files petition at Supreme Court
     
  25. Ab-Titchaz

    Ab-Titchaz Moderator Staff Member

    #25
    Mar 16, 2013
    Joined: Jan 30, 2008
    Messages: 16,212
    Likes Received: 13
    Trophy Points: 0


     
    Last edited by a moderator: Jan 4, 2016
  26. Julius Kaisari

    Julius Kaisari JF-Expert Member

    #26
    Mar 16, 2013
    Joined: Oct 12, 2010
    Messages: 1,156
    Likes Received: 11
    Trophy Points: 38
    Ab-Titchaz ZeMarcopolo Nyani Ngabu Rutashubanyuma


    [​IMG]


    What the Petitioner (PM RailaOdinga) 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. RailaOdinga 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 fiinal 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.
    "
     
  27. Dr. Job

    Dr. Job JF-Expert Member

    #27
    Mar 16, 2013
    Joined: Jan 22, 2013
    Messages: 700
    Likes Received: 0
    Trophy Points: 0
    SUMMARY OF THE CORD PETITION


    What the Petitioner (Hon. Raila Odinga) is asking the court to do:

    Set aside the results of the Presidential election as announced by IEBC on 9 March 2013, and the declaration of Uhuru Kenyatta as President-elect and William Ruto as Deputy President-elect respectively, and declare as null 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 19 November 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. RailaOdinga 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 RailaOdinga.

    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, Iburi, Igamba, Ngombe, 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 ofthe 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 v
    arious Commissioners of IEBC at the national tallying centre allegedly after
    verification of results and the fiinal 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 M
    arch, 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."





    http://www.nation.co.ke/blob/view/-/1721868/data/477296/-/kuhmyd/-/Summary.pdf
     
  28. M

    Malunde-Malundi JF-Expert Member

    #28
    Mar 16, 2013
    Joined: Jan 10, 2008
    Messages: 1,290
    Likes Received: 0
    Trophy Points: 0
    Hatua moja mbele. Good the petition already registerednas valid one. Thanks RO
     
  29. G

    Geza Ulole JF-Expert Member

    #29
    Mar 16, 2013
    Joined: Oct 31, 2009
    Messages: 8,206
    Likes Received: 81
    Trophy Points: 48
    Those are strong grievances...I am pretty sure IEBC has a case to answer and they will be compelled to explain all those abnormalities of which i don't think they will walk free! I predict a repetition of a presidential vote
     
  30. Julius Kaisari

    Julius Kaisari JF-Expert Member

    #30
    Mar 16, 2013
    Joined: Oct 12, 2010
    Messages: 1,156
    Likes Received: 11
    Trophy Points: 38
    Geza Ulole,
    There is a cry there. The guys prepared rigging prior to election. What a Shame...! Walijificha chini tyranny of numbers, sasa kwanini kufanya uhuni wote huu?
     
    Last edited by a moderator: Jan 4, 2016

Share This Page