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

[bht]

Ahmed Essam?
Safari-ni safari hapo ni kama sijakupata

 

[Rutashubanyuma]

I applaud Amos Wako stand on this election considering he is a former AG! It has a very significant meaning to a free and democratic Kenya!

The problem for you is Amos Wako epitomizes the "status quo" Raila pretends not to be part of! Few years back in 2007/08, Raila and Wako were at loggerheads following the declaration of Kibaki as president of Kenya and today Raila hails Wako as a reformer! Give me a huge break because i truly deserve it. Has Raila not gone full circle and now is too wallowed in the Kenyan corruption that he does not know which is which anymore?

Raila and you may have a selective amnesia but do not compound everyone in your own mischief!

 

[Geza Ulole]

Sijui kesi iliyopo mahakamani Kenya ina uhusiano upi na CCM? KAma haya unayoyasema yako kwenye plaint please elaborate maana naona unaongea kama mtu wa kijiweni na hata shule ya ngumbalo hujaenda.......................Hivi, Magufuli aliyemuunga mkono Amollo anapingana na CCM? NA msimamo wa CCM kwenye hii kesi umeutoa wapi?

CCM iko upande wa Jubilee all the signs r on the wall na kwa taarifa yako Magufuli (Msukuma) alionywa vibaya mno na NEC kwa ku-support CORD maana wanajua kinachofuata kwa CCM 2015 kama CORD wakishinda!

 

[Rutashubanyuma]

" 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."

What a wastrel! Truly Raila & CORD are ignorant of Kenyan elections laws. Nowherre in Kenyan laws, a voter is coerced to vote for all the postions contested for. Hence, it is naive to expect IEBC to police voters in such a way Raila & CORD vacuous demands can be met of ensuring all the positions from presidential to county councillor has the same number of voters. On larger issues this does not give any indication how Raila was victimized.

many a voter may elect just a governor or a presidential candidate and leaves other papers not filled and rejected as invald ones. In such scenario should Raila be given a benefit of doubt?

Far from it< his petition ought to be disregarded for not proving his substantive claims of electoral rigging!

 

[Rutashubanyuma]

ccm iko upande wa jubilee all the signs r on the wall na kwa taarifa yako magufuli (msukuma) alionywa vibaya mno na nec kwa ku-support cord maana wanajua kinachofuata kwa ccm 2015 kama cord wakishinda!

hayo hayahusiki na hii mada ila cha muhimu ni kuwa raila na cord they are just sour losers na hawana cha kutokea

 

[Dhuks]

CCM iko upande wa Jubilee all the signs r on the wall na kwa taarifa yako Magufuli (Msukuma) alionywa vibaya mno na NEC kwa ku-support CORD maana wanajua kinachofuata kwa CCM 2015 kama CORD wakishinda!

At least i am starting to partially understand your reasoning.

 

[Dr. Job]

 

[Dr. Job]

A STATEMENT BY RAILA AMOLO ODINGA ON THE ELECTION PETITION:

My dear fellow Kenyans,

I stand before you today as a very proud Kenyan. And all of you as well should stand tall at this great moment of our history.

Amid all the tensions generated by the stunning IEBC failures in the management of this most important election since independence, you have taken no actions which would imperil our peace.

These failures dwarf anything Kenyans have ever witnessed in any previous election.

But whether you were aggrieved or joyous, you have waited patiently to see the process to resolve this dispute played out as defined by our liberating new Constitution.

Your commitment to the rule of law and to peace has put to shame the prophets of doom who were convinced the supporters of the declared loser on 4th March would embark on a bloody course.

But those same prophets are now warning that violence looms around the corner at any of the Constitutional steps that lie ahead in resolving this election dispute. They are using these scare tactics to prevent Kenyans from supporting the Constitutional process now underway for the Supreme Court to legitimize the election of the next President.

But Kenyans know from the experience of the tainted election of five years ago that violence destroys the lives of the innocent, sets back their hopes for decent livelihoods, and deeply divides them.

I want to state once again that I am not challenging the IEBC election outcome because I am determined to be declared President.

There is no democratic goal higher than respecting the will of the people to decide whom they want to lead the nation. And barring mass violence, there is no crime higher than subverting the outcome of a Presidential election.

What we are seeing in this electoral battle is the hidden struggle between the forces of change and of the status quo.

Is that successful, historic process of greater freedom for which so many sacrificed so much going to be stopped dead in its tracks by the few who refuse to yield anything to the many.

When Kenya burned five years ago after an election so tainted that Judge Kriegler said no one could be sure who won it, I readily decided to make the sacrifice that was needed to keep Kenya whole.

But what I regret is that we did not put in place any mechanism to identify and punish who the perpetrators of that election crime were.

Had we done so, the IEBC would not have dared to conduct this election in the criminally negligent manner that it did.

Recognizing the damage the sham 2007 election did to the fabric of our nation, Kenyans had created the IEBC specifically to ensure that such an election trauma would never visit us again.

And to make sure that it would have state of the art mechanisms and instruments, we spent tens of billions of shillings. And yet every mechanism and every instrument the IEBC deployed failed miserably.

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.

These grave errors constituted fundamental contraventions of the letter, spirit and objects of the Constitution of Kenya.

They failed to ensure or secure a free or fair election and no Government could lawfully be formed by or from the purported declaration of winner on 9th March, 2013, to the dishonor of the Kenyan people.

Between February and March, the IEBC tinkered with the final register severally, and it is not clear which register was in fact used in the final tallying of the votes.

On the polling day, officers of a company by the name Kencall EPZ Limited, a call centre, were reportedly receiving the results of the general elections and specifically the Presidential ones.

How did IEBC allow Kencall to co-host both its server and that of the TNA, which may have compromised the integrity of the electoral process or at very least indicates that the TNA had access to information that should have been confidential to IEBC alone.

This clandestine arrangement of co-hosting databases is not permissible by law and indeed was not disclosed to the public or to us in the CORD Coalition.

Despite my agents regularly updating and complaining to the IEBC about the incidences of electoral frauds, malpractices and irregularities they discovered during the elections, the IEBC neglected, refused or failed to act.

Electronic voter identification kits were not functioning, officials and clerks had forgotten passwords, batteries were flat and kits were unable to charge among other impermissible reasons all of which could have been prevented by the IEBC.

This fundamentally changed the system of polling and the number of votes cast, owing to inordinate and inexplicable delays at the polling stations affected, thereby reverting Kenya to the discredited manual system, with all the attendant risks and opportunities for abuse and manipulation which in fact took place.

Among the glaring anomalies which were observed in the process of manual tallying were:

(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.

In many polling stations, the valid votes cast exceeded the number of registered voters.

In specific instances, the results in Form 36 disclosed by IEBC were materially different from the results that were posted in the final tally of the presidential results.

There were several instances where registered voter numbers in polling stations were inflated in Form 34 contrary to what was contained in Form 36.

In most of those circumstances, more votes were cast than the total number of registered voters.

In other cases, there were more than two Form 36 reflecting different returns. In yet others, there were alterations in Form 36 without acknowledgment.

In yet other stations, there were different entries in two Forms 36 submitted in respect of the same constituency.

I have no hesitation whatsoever in lawfully challenging the election outcome. To do otherwise would be a betrayal of the new Constitution and therefore of everything that Kenyans hold dear.

They would forever lose their faith in elections and in democracy. That would mean they would be condemned to the rule of the few.

The multiple failures of the IEBC in fact reflect failures of so many of our new institutions. But the one institution in which all Kenyans still have faith is our new Judiciary.

It's a faith based on their achievements in the last two years. In the new Kenya, the Courts have been vested with enormous powers, including the power to curb the unlawful use of authority by the Executive and of course the IEBC.

Let me conclude by saying that the March of Democracy can no longer be stopped in Kenya.

Our people have struggled too long and made too many gains in the last 20 years to be cowed into submission again. We cannot begin what was supposed to be a new era, under a new constitution, in the same old ways.

Kenyans' determination to uphold democracy is renowned around the world, and our African and international partners knew in 2007 that there would be prolonged instability if the last election outcome was let to stand.

But this time around, we have our own Supreme Court to resolve our election crisis. This is a historic case which is being watched all over Africa and the international community. Nothing like this has happened on our continent.

The new Constitution was not the beginning but the culmination of one great phase of the democratic struggle in Kenya. I am absolutely confident that the promise of that Constitution will be reinforced in the days to come by the Judges of the Supreme Court.

I have repeatedly indicated my commitment to respect and abide by the Supreme Court ruling. I invite my brother Uhuru to publicly do the same.

His joining me would strike a huge blow for the rule of law in Kenya and would also immediately reduce the tensions generated by this election outcome.

Thank you all. God bless Kenya.

Raila Odinga

 

[Dr. Job]

 

[Ndachuwa]

nonsense since when electoral result can be regarded as confidential?

Rutashubanyuma there is a point there since Coca Cola and Pepsi Cola can not be audited by the same auditor same apply to IEBC and Political Parties

 

[ZeMarcopolo]

Kitendo cha Raila kuchelewesha hii kesi kumefanya hata public mood kuwa nje ya issue za uchaguzi.

Kuna uwezekano mkubwa wa Raila kushindwa hii keshi partly because of improper timing...

 

[MBWA WA MANZESE]

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.

lakini wewe ni mkikuyu

 

[jerrytz]

Nadhani ni vyema kuwa na mfumo wa kusubiri kama kuna malalamishi kuwa cleared ndipo kutangaza mshindi kwa nafasi ya Urais!Maana mtu ukishamtangaza urais halafu kukawa na kesi mahakamani unaweza kuona ugumu wa kuendesha kesi!

 

[majany]

Lakini Raila ana hoja...naomba muumsikilize.....its whether ni mkikuyu au sio...RAILA ana hoja....

 

[Uwezo Tunao]

If one ever thought FREEDOM AND DEMOCRACY are mere products with no price tags attached, take a keener look Kenya, Tanzania and Zimbabwe and the currently enveloping ugly situations of numerous instances of threat to life (Muthama) and cold-blood kilings (Mwangosi and countless supporters of Tsvangirai)

Freedom, Justice and Democracy are badly suffering currently in Africa south of Sahara.

 

[lane]

Nadhani ni vyema kuwa na mfumo wa kusubiri kama kuna malalamishi kuwa cleared ndipo kutangaza mshindi kwa nafasi ya Urais!Maana mtu ukishamtangaza urais halafu kukawa na kesi mahakamani unaweza kuona ugumu wa kuendesha kesi!

mkuu jerrytz, hapa sijakuelewa kabisa. Sasa usipotangaza 'mshindi' then basis za kufungua kesi zitatokea wapi? Tume ya uchaguzi au mamlaka nyingine husika ni lazima imtangaze mshindi kulingana na process nzima ya uchaguzi halafu from there ndipo kesi inaanzia: kuanzia kupinga mchakato mzima wa uchaguzi hadi kutangazwa kwa mshindi.....

 

[MaxShimba]

CORD Petition Lacks SPECIFICS

Having read the entire CORD petition My conclusion is that it full of generalities and lacks specifics.

1.You don't sue the IEBC for Machine failure while you were in Government that did government to government direct procurement. There is conflict of interest.

2.You don't sue the IEBC for typo's which do not affect the overall tally. Eg the KItui and Mwingi Example.

3.You don't sue the IEBC for "doctoring the Register" unless you expected them to use your own register. The final register was with the registrar of political parties while cord relied on the Dec 18 Provisional register which was not cleaned of errors.

4. You don't sue the IEBC if voters decide to Vote only for the President and ignore the Others. Unless you want to introduce dictatorship. I expected them to give specifics..... those specifics could be in public domain by now, not generalities that do not affect the outcome and credibility of the process. Yes we know Machines failed, we know the IEBC had a final register, we know the results had typos, we know overwhelmingly Kenyans went to vote for Uhuru- Please cordashians tell some something new!

 

[bht]

Kitendo cha Raila kuchelewesha hii kesi kumefanya hata public mood kuwa nje ya issue za uchaguzi.

Kuna uwezekano mkubwa wa Raila kushindwa hii keshi partly because of improper timing...

'Public mood' inahusianaje na maamuzi ya kesi?

 

[ZeMarcopolo]

'Public mood' inahusianaje na maamuzi ya kesi?

Maamuzi ya kesi yana uhusiano wa moja kwa moja na matakwa ya wakenya. Hata kama jaji alitaka kuoverlook vitu fulani, akiona the public iko profoundly interested na hiyo kesi anakuwa makini.
Sasa hivi the public is excited about the new government under Uhuru!!!

 

[Kunta Kinte]

YOUR TAKE is just that. But the real take is Uhuru is humble and respects constitutional offices just as he had declared yesterday before the said office holders. humility is not a weakness as you are suggesting but it is a source of strength


"Blessed are the humble for they shall inherit the earth." Mathew 5:5

Mkuu wacha Raila aende mahakamani lakini mwenzie anaandaa timu ya kuhudumia wakenya!!