THE VOICE OF THE KENYAN PEOPLE!
All our achievements and failures for the glory of Kenya boil down to this day, September 1st, 2017.
Everything the Kenyan people have struggled for, the blood that has been spilt, the lives lost, the livelihoods sacrificed, all boil down to today.
All our prayers are on our beloved Hon. Chief Justice David Maraga and his team, as the unity and fate of our great nation lies in their hands. By God’s grace, mercy and wisdom the facts and evidence of the shambolic 8th August, 2017 General Elections were laid bare before the whole world to see.
Today Chief Justice, you have a chance to make or break this country as the drums of civil war and cesation beat louder and louder around us. The murder of our children and the raping of our women has already began and more armed police with their heavily armoured vehicles are deployed to perceived opposition strongholds.
Shockingly, most of the 100s of armed police deployed in the Western parts of Kenya, are from 2 ethnic groups, in a futile attempt and suppress the people’s will using cruel and unlawful means. Will it be business as usual, NO! They will be shocked!
The people of Kenya are not prepared to be ruled by an iligitimate, dictatorial regime that is in office without the mandate of the people. Hon. Chief Justice, we the Kenyan people plead with you as a God fearing and God loving Christian, to trust the will of the lord and send us back to the ballot with all precautions in place. This way, the will of the people will be respected.
Even the all power Former President Daniel Arap Moi respected and bowed to the will of the Kenyan people for Multiparty democracy. Why can’t Uhuru Kenyatta do the same? He will earn the respect of Kenyans and the world forever. This is your legacy for generations to come.
Dear NASA supporters. Friday is here. They have kithnid and ndeknid and Uncle David shall speak. The power of incumbency is like riding a tiger. The only way you get off before your time, is if either you or the tiger dies.
If the Supreme Court rules for the petitioner, I will strip naked and run the one and a half miles from Harrow Road to Paddington.
Uhuruto stopped the ICC dead in its tracks by using the sheer magnitude of the country’s civilian, military and intelligence assets.
The 7 ladies and gentlemen of the Supreme court are a walk in the park for them. That’s how the resident bandits who run predatory states operate. When the IEBC brazenly disobeys an order from the Supreme Court, the message is clear – “Mta do?”
I was asked a question right here on FB a couple of months ago: “Who do you think will win the election”. My answer was as blunt as it gets. It doesn’t matter who will win the 2017 election, Uhuru Kenyatta will be declared President.
There, I said it. If anything different happens, watch out on Sky News or London tonight for a naked fella running down from W9 to Paddington Station.
This repeat election is not about Raila vs Mt Kenya, No!
Dear Kenyans.
This election is about Uhuru Kenyatta and how he has run down our country.
This election is about a 4 trillion debt that jumped from 1 trillion but which we cannot point out its use or general economic impact.
This election is about Kenyans who owed foreigners 20k per head, but now it is 115k per head.
This election is a vote of no confidence against a government that bought containers worth 350K each at 10 million each. Pens worth 10 bob at 8k each, soap at 5k per bar, curtains at one million per piece. Fake companies registered by Waiguru for Kabura, plus an excess 17 billion supplied to her ministry which she couldn’t account for.
In this elections, we are prosecuting the Afya House scandal, where Uhuru’s sisters, cousins and friends diverted pesa za wagonjwa wa Aids, pamoja na watoto. In fact, foreign donors refused to release more money. Where the internal Auditor was demoted, and the Auditor General was reprimanded and ridiculed.
In this elections, we are asking Uhuru Kenyatta how exactly he spent 275 billion Eurobond proceeds. We want him to pin point specific projects that this money did, now that we will brake our legs and arms working to pay back this debt.
In this election, we are asking Uhuru why he couldn’t take action against those who looted youth fund. We are prosecuting the hustlers jet scandal. We are prosecuting inflated contracts like SGR and the collapsed Sigiri bridge, blown out of proportions.
This election is about keeping promises too.
1 million acre irrigation scheme in Galana.
Laptops for kids
2kg flour at 60.
State of the art stadia.
Bullet trains
Double digit economic growth
1 million jobs per year.
*This election is about Christopher Musando, the IEBC ICT manager who was gutted down like a pig. Yes – About extra judicial killings. About the late lawyer Willy Kimani and Jacob Juma. About the thousands of muslim youth who have been targeted, earmarked for murder or just summarily executed.*
*This election is about mass graves of Muslims discovered in North Eastern Kenya . This election is about our soldiers dying in Somalia smuggling charcoal and sugar to benefit Nairobi as the state covers up and terrorists roam freely in Kenya. This election is about insecurity and terrorism and how serious we take it. About GUC and the 147 comrades. About Westgate.*
This election is about a toxic divisive and perpetually angry president who calls governors ‘mjinga shetani’, excludes them from decision making and threatens their lives, using state agencies as intimidation tools. A DP who degrades teachers as ‘wale watu wa a, e, I, O, u,’ as his boss roars ‘can’t pay, won’t pay’ and arrests striking doctors.
This election is about the tear gas pelted at young Lang’ata Rd primary school kids as they demonstrated to stop a known itchy finger from dispossessing them of their playground.
This election is not just about Raila vs Mt Kenya mafia, It is about our future as a country. The future of our children. The state of our economy. Integrity.
We have to choose somebody with a plan on how to fight corruption. Create employment opportunities. Stabilize the economy. Reduce the Cost of living. Free Secondary education, Affordable cost of transport (daily bus fare), low cost housing , rents and other rates in a free market, implementing TJRC report, uniting this country and setting up funds for young men and women and single mums.
I don’t want HELB charging me 5k per month fine because I am not remitting monthly payments. I don’t want to be asked to pay 1300 each for certificate of good conduct, sijui helb clearance, sijui EACC clearance, sijui CRB and other crap when I’m looking for a job. I don’t want to be asked to pay 200k bribe to join KDF or Kenya Police.
This election is not about Kikuyus vs other Kenyans. This is how you guys create a 41vs1 scenario then blame Raila for any negative
e consequences. Every fellow has equal stake in Kenya. No tribe is any more special than other Kenyans. We are all the same.
If you have benefitted from this corrupt system courtesy of your tribe, you are free to support it. Sisi ambao hatujafaidika kwa njia yoyote ila kupoteza, we know what this election is about and 8th August, next Tuesday was our day.
WHAT HAPPENS WITH JUSTICE IBRAHIM’S TUESDAY ABSENCE
Supreme Court’s Justice Mohamed IBRAHIM did not attend the SCOK proceedings on the 2017 Presidential Elections petitin on Tuesday the 29th of August 2017 as he had reportedly fallen sick.
The SCOK however proceeded without the learned judge due to what the Chief Justice David Maraga referred to as “pressure of time.”
LEGAL IMPLICATION
Section 8 of the Supreme Court Act, No. 7 of 2011 provides for the manner of the manner of arriving at decisions by the SCOK and at subsection (1) provides thus:
“8 (1) The judgment of the majority of the judges of the Supreme Court shall bethe judgment of the Court.”
There may however arise a case where for the absence of one or more judges (for whatever reason), a tie arises in the verdict of the SCOK.
WHAT HAPPENS IN THE CASE OF A TIE AT THE SCOK
If the SCOK reaches a determinataion upon the judgment of the six (6) learned judges (in the absence of a vote by the learned IBRAHIM) and there arises a TIE in the verdict of the SCOK in the petition, then the petition by the Hon. Raila ODINGA against the declaration of HE President Uhuru KENYATTA as president, then the status quo will remain meaning the petition fails and the petition STANDS DISMISSED.
If the decision of the six-judge court is split equally; that is, a 3 – 3 tie, then the petition will be lost and the SCOK will have been unable to make a decision and shall have thus retained the status quo. The election of President SHALL HAVE BEEN UPHELD!
That’s my understanding of the reading section 25 of the Supreme Court Act, subsection (2) of which provides thus:
“25 (2) If the judges are equally divided in opinion, the decision appealed from orunder review shall be considered as having been affirmed.”
OPTIONS AVAILABLE TO JUSTICE IBRAHIM
There however are in my view several options available to the learned IBRAHIM having heard a better part of the petition.
(a) Cast a Vote Nonetheless
Participate in the SCOK Decision on the Presidential Elections Petition from home. Having sat through a big part of the said petition, the learned judge reserves the right to cast his vote in the pending verdict. The good justice can rely on transcripts and written briefings of Tuesday’s proceedings in which he was not physically present for the oral arguments.
(b) Abstain from the Final Verdict
The learned judge can in my view decide to abstain from participating in the final vote if he is of the conviction that he is unable to go through transcripts and or document in good time and be able to give a well-reasoned decision. That would mean only the remaining six (6) justices will participate in making the final verdict with a 3 – 3 tie being a possibility.
It is also possible – but I pray it doesn’t happen – that the learned Justice IBRAHIM is indisposed so that he cannot participate in the petition any further such that he is by reason of sickness unable to cast his vote nor make his determination thereon.
This has the same effect as if the learned judge abstained.
For now we remain hopeful and pray that the learned judge gets well and fully recovers to be able to take back his seat at SCOK.
Full recovery is at the moment the most important, to me more important than even the SCOK awaited determination of Friday 1st September 2017.
President Uhuru has ENDORSED or literally appointed ex Bungoma governor Ken Lusaka to be the Speaker for Senate. By Endorsing Governor Lusaka and leaving out his loyal and staunch supporter and outgoing speaker Hon Ekwee Ethuro the president is putting his best soldiers ready for another round of battle with Raila.
National Assembly Chief Whip Hon Benjamin Washiali endorsement for this position seals the Luyha fold in Jubilee. Speaker and Chief Whip are powerful just as cabinet secreatries with communsulate benefits. Effectively now the Luyha have an equivalent of four cabinet positions (Eugen Wamalwa, Jennifer Waikungu, Ken Lusaka and Washiali).
Hon Kipchumba Murkomen as the senate Majority leader and Hon Moses Cheboi for Deputy Nationa Assembly Speaker position is meant to reward both the North and Central Rift region that complained that all big jobs had gone to South Rift (to CS Charles Keter’s relatives) and the entire Kalenjin nation.
Justin Muturi-Speaker national Assembly, Hon Cecily Mbarire (Deputy whip National Assembly), senator Kindiki Kithure (Deputy senate speaker), Susan Kihika (Senate Chief whip), Hon Irungu Kangata (Deputy senate whip) are all expected to maintain and consolidate the Mt Kenya base/region
Aden Duale: Aden Duale set for Majority leader National Assemby and Deputy majority leader-Senate Hon Fatuma Dulo is meant to consolidate the Somali/North Frontier districts region that has rebelled against Uhuru mainly due to war on terror and related effects like extra judicial killings.
Hon Jimmy Angwenyi -Deputy Majority Leader National Assembly is meant to consolidate the elusive and ever critical Kisii vote.
The Supreme Court will deliver a ruling following a stormy sessions in which lawyers representing Raila Odinga tabled irrefutable evidence showing that elections were not held according to the rules and reulations but also the exercise breached the constitution, there was also proof from ICT experts that the system of transffering results was largely compromised.
By O Mathenge via Facebook
President Uhuru Kenyatta leads Jubilee Party MPs in endorsing Justin Muturi and Ken Lusaka for the positions of Speaker in the National Assembly and Senate respectively.
The Parliamentary Group meeting resolved its line up for House leadership to be:
National Assembly
Speaker – Justin Muturi
Deputy – Moses Cheboi
Majority – Aden Duale
Deputy – Jimmy Angwenyi
Chief Whip – Benjamin Washiali
Deputy whip – Cecily Mbarire
Well , something has been bothering Kenyans(the public) since last night regarding the audit of IEBC ICT environment pursuant to court order issued by the Supreme Court of Kenya.
This is the understanding of many regarding what SCOK ordered:
A Specific list of documents to be availed and server access to be provided on a read only basis including extract of print out where necessary.
This was to be done in the presence of the representatives of both the petitioner and respondents,1,2&3.
This culminated in 2 reports which were tabled before the court.
The first report addressed IT system access including server and is a 13 page document. With a conclusion that certain levels of access was denied contrary to court orders.
This report however did not share much except to confirm that ACCESS was denied or provided.
It is therefore wrong to deduce anything other than the fact that what was extracted from the exercise was verified and certified by all parties.
On the other hand the other report touched on the verification of forms and it was done in one of the courts (Milimani Law courts ).
What was the outcome ?
A confirmation that access was granted/ or denied in some instances. It did not get to the details of findings arising from the access or verification.
What I expected:-
1. That where access was denied without satisfactory explanation from the respondent, the court would rebuke and order full compliance, failure to which the orders that were to follow may have been to the detriment of the 1st& 2nd respondent.
Infact the courts should have declined listening to counsel of 1st&2nd respondents until full compliance was achieved.
2. The petitioners sought prayers to access servers for specific reasons. They did not get access.
My expectation was that they would go back to court and say access is denied and therefore they may not achieve the objective due to this barrier. Seek to compel the first and second respondent to obey the order.
Thereafter prepare a report pursuant to the access and seek leave of court to file a report of its observation backed by documents prepared and certified by court registrar.
Therefore in my respectful view , the document they introduced in court was right except it was not procedurally brought . Infact all parties should have been allowed to make written submissions on the exercise. With a view to hearing today specifically on the access findings.
That way meaning and value is attached to the exercise so carried out.
As things stand I don’t see any evidentiary value of these reports other than saying, access was granted or access was denied.
In conclusion , the purpose of seeking access was to use the findings to buttress certain points. It’s clear the findings were not permitted, on what basis then was access granted if the findings were unnecessary to the court..
On this I think counsel for the petitioner did an injustice by failing to come out clearly on this matter.
The IEBC server report is damning, strange IP addresses accessed the IEBC server! The below IP addresses accessed the file server even though they do not belong to the IEBC IP address inventory:
Was the IEBC system hacked? oh yes according to the experts contracted by the Supreme Court, check report below>>
What is hacking
Hacking is using a computer to gain unauthorized and unlawful access data in a system.
Was there hacking attempts? Yes
Was there successful hacking attempt ? Yes and dkchirchir@gmail.com is listed in the log as having gained access into the system.
What happened in that system according to gleaned extracts ? So many form 34A’s were deleted from the system using various passwords including that of CEO of IEBC
In the final report by the registrar, partial and non compliance was pointed out.
THE SCOK TO INVALIDATE THE 2017 ELECTIONS AND ORDER FRESH ELECTIONS
The SCOK shall:
(a) depart from RAILA 2013 and set a new standard of proof in Presidential Elections.
(b) confirm that the Constitution is the supreme law of the land.
(c) confirm that it can indeed declare a Statute or a provision thereof unconstitutional and therefore null and void.
(d) nonetheless decline to declare section 83 of the Elections Act unconstitutional.
(e) hold that the correct test for invalidating Presidential Elections under Article 140 of the Constitution is two-pronged:
(i) whether or not the elections meet the minimum Constitutional Standards of free, fair, credible, verifiable, accoutable and transparent. If they don’t, fresh elections shall be ordered.
(ii) if the elections meet the Constitutional standards, whether or not it meets the other non-Constitutional standards such as those under Statute. If they don’t, whether that failure substantially affects the results.
(f) hold that the 2017 presidential elections did not meet the minimum constitutional standards.
(g) invalidate the elections and order fresh elections under Article 140 of the Constitution.
IN THE REPUBLIC OF KENYA
IN THE SUPREME COURT OF KENYA AT NAIROBI
PETITION NO. …….. OF 2017
BETWEEN
RAILA AMOLO ODINGA………………………………..…1ST PETITIONER
STEPHEN KALONZO MUSYOKA…………………….…..2ND PETITIONER
AND
INDEPENDENT ELECTORAL AND BOUNDARIES
COMMISSION…………………………….……………….… 1ST RESPONDENT
THE CHAIRPERSON OF INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION…………………….….. 2ND RESPONDENT
H.E. UHURU MUIGAI KENYATTA……………..……….3RD RESPONDENT
PETITIONERS’ REPORT FROM ICT ACCESS/AUDIT REPORT
1. All accounts in the integrated electronic electoral management system are based on authorizations contained in the IEBC IT Access control and user access management policy.
2. The Access control list provided for only 341 users. Between 6th August 2017 and 22 August 2017:
a. There were 3395 failed login attempts
b. There were 3851 successful log in attempts
3. The KIEMS RTS user accounts:
a. Gave read only authorizations;
b. Deletion of files was not granted;
c. Provided for configuration of election settings and user management. However from the Access Control List no one was granted these privileges.
4. Contrary to IEBC IT Access Control and User Access Management Policy, user accounts were misused by both internal and external parties as follows:
a. Access was granted to strangers who were not identified by role and who were not defined in any access lists. Among these are vendors, anonymous users using Gmail accounts, Morpho and SCYTL.com and Administration staff who were noted to be logging into the KIEMS Kits between 08th August 2017 and 22nd August 2017. Eg aash003@gmail.com, bernwafukho@gmail.com, carles.garcia@scytl.com, abir.chaari@groupe-telnet.net among many others.
5. The Chairperson’s account was used multiple times to transfer, delete and modify files through the File Transfer Protocol Server which was the mechanism through which all Forms including forms 34 could be uploaded onto the IEBC server.
6. The Chairperson’s user account alone had 9934 transaction logs.
a. The account used an IP address that was not part of the IEBC Partner addresses (41.212.16.248) a wananchi network IP address.
b. Examples of some of the transactions noted from this account include:
i. The account uploaded Form 34B for Jomvu Constituency
ii. 0n 09th August 2017 the account downloaded, re-uploaded and deleted form 34B for Bureti Constituency;
iii. On 13th August 2017 this transferred the folder for Kisumu Central Constituency.
iv. Sample transactions are included in the Annexure marked “A” to this report. It is titled FileZilla Server (FTP server) – Report.
7. There were cases of use of non partner IP addresses eg wananchi and liquid telcom 41.60.238.138
8. Forms 34A and 34Bs were posted by Constituency Elections Coordinators (CEC) at constituency level instead of from polling stations during and after the election.
9. There is no trace of data originating from any polling station. This raises questions whether data on the server came from the polling station.
10. Some constituencies have no trace of any Form 34B uploaded on to the server.
11. In other constituencies Form 34B were uploaded more than once.
12. There were several instances of uploading files and retrieving them by various users.
13. Only 277 users accessed the FTP server between August 6th 2017 and 17 August 2017 yet data was supposed to be uploaded from each polling station.
14. There are instances of one user using multiple IP addresses to access the FTP server. Eg Jlimaris@iebc.or.ke used 10 different IP addresses contrary to the static IP address allocation for the KIEMS Kits and the access control policy.
15. There were renamed or modified forms in various constituencies as seen from the FTP Server logs provided by IEBC
a. Constituency Elections Coordinators (CEC) made various modifications multiple times eg:
b. vkimelil@iebc.or.ke from sotik in bomet county was able to install software applications on 09th august 2017 among other interventions
c. The CEC for Kibwezi East fwaitah@iebc.or.ke uploaded the same form 34B more than once at different times.
d. nmaftah@iebc.or.ke made modifications on Jomvu Form 34B
e. asenge@iebc.or.ke deleted form 34B from changamwe constituency
16. Some accounts granted were misused to carry out unauthorized and malicious activities.
a. There were a total of 8300 delete commands.
b. 7954 delete commands were successfully executed between 8th August 2017 at 2232hrs and 17th August 2017 at 1319hrs.
17. File Formats
a. Different file formats were uploaded on to the FTP server which shows there no input controls. Some files were in editable formats such as EXCEL AND WORD DOCUMENTS.
(The Statutory Forms came in hard copy already printed therefore the system should not have had editable file formats)
18. Mismatched user privileges. One user vkimelil@iebc.or.ke is a CEC from sotik bomet was not a privileged user to install software application on a IEMS. No controls.
19. Fire walls
a. A fire wall controls access or traffic in and out of a server with restricted server.
b. On the 8th of August there was no traffic on the firewall. Traffic started flowing from the 12th August 2017 at 2.44 CEST (-1GMT)
c. The amount of data in terabytes per second was the same for both incoming and outgoing traffic into the server.
d. IEBC refused to provide the firewall rules.
e. IEBC refused to provide Certified penetration test.
20. As at the time of preparing this Report most critical documents under the Order of Court had not been supplied and all parties agreed.
Latest news is that IEBC has not provided access to Servers as was ordered by the Supreme Court, below you see a list of outstanding items.
At Milimani law courts it has been discoverec that close to more than 100 forms 34A are all fake (not authentic) and also the commission has deleted many documents from the portal raising suspicion of the veracity of cooking that was undertaken by IEBC.
It is expected that IEBC will be seeking an extension in order to get more time to justify cooking and waste precious time of the court and also frustrate NASA response.
More to follow
“The jurisdiction of this court in election petitions is in Article 163 (3) exclusively. We cannot agree with the AG that this court should look to the Elections Act.”
“Article 87 mandated parliament to enact statutes for mechanisms for elections.”
Counsel Stephen MWENESI for LSK- amicus
Justice has no favourite daughters other than the truth and the truth is to determine if election was held as per set rules and refulations in line with the constitution – Lawyer Omwanza Ombati for LSK amicus
On Tuesday morning, Nasa lawyer Okongo Omogeni told Supreme Court that the coalition lawyers are finding it hard to access the electoral body’s server.
“My Lords, I have just been called by James Orengo and information I have is that we are having compliance challenges with court order issued on Monday in terms of access to IEBC servers,” Omongeni said
“Orengo has requested me to inform the court that when he comes he will interrupt the court submissions to make a report on non-compliance of the order issued on Monday,” said Omogeni.
He added that a letter has already been written to the Registrar of the Supreme Court and give details of non-compliance of IEBC.
Senior counsel James Orengo acknowledged that the exercise at Milimani Court which involves examination of various forms is going on smoothly despite some documentation not made available.
Mr. Paul Muite called for more staff to facilitate access of the forms to enable the exercise completed within the set time.
On access to the IEBC servers, Mr Orengo noted non-compliance challenges which the Nasa team has addressed through aletter written to the Supreme Court Registrar. “We have a written letter to the court and perusal of it shows that there is substantial non-compliance. This will have effect on what we are going to submit at 5pm later today,” Orengo noted.
Lawyer Paul Muite who is representing the IEBC denied Orengo’s non-compliance remarks saying that the matter is occasioned by the time difference between Europe/France and Kenya (1 hour difference, summer season- check world clock)
He explained that the IEBC servers are hosted in Europe/France and staffs who are supposed to give access window with safeguards are just waking up and will prepare the system in about an hour for Nasa team to access.
“My Lord we have not denied the petitioner access, they will access the servers in an hour or so once everything is set up,” said Paul Muite.
Orengo however said Paul Muite’s excuse is not justifiable as Supreme Court orders were made when people in Europe were awake, “We need compliance in time so that we prepare our responses in time,” he added.
In giving ruling on the non-compliance matter, Chief Justice David Maraga warned against the non-compliance. “Tell your clients to observe the court order, it is for the parties and their agents to work around it and anyone who fails to comply shall be dealt with or asked to explain,” said Maraga.
Supreme Court Judge Mohammed Ibrahim has been taken ill as election petition continues.
Chief Justice David Maraga on Tuesday said Justice Ibrahim was being attended to by a doctor.
The judge is on the seven-judge bench of the top court in the land hearing the petition filed by National Super Alliance leader Raila Odinga challenging President Kenyatta’s win in the August 8 General Election.
The judge is likely to miss the Tuesday sessions on the case, where President Kenyatta’s lawyers are expected to defend his victory and ask the court to validate it.
President Kenyatta’s legal team— comprising lawyers Fred Ngatia, Ahmednasir Abdullahi and Ken Ogeto— will have three hours to argue for the dismissal of Mr Odinga’s case.
Once they conclude, the Law Society of Kenya (LSK) and the Attorney-General Githu Muigai will have 20 minutes each to argue on points of law.
The Rt. Hon. Raila Odinga had an extremely lean team accompany him to the Supreme Court – two aides that included Samatar Mohammed and I, 4 security officers and the ADC. With us were Principles H. E Kalonzo Musyoka with only 2 security officers and Hon. Moses Wetangula who was escorted by 1 officer. Hon. Gladys Wanga was unaccompanied.
To our amazement, the police officers who had taken over the precincts of the Supreme court refused to open the gates to allow the petitioners follow proceedings of their case. When pressed upon, they allowed only Hon. Raila and Kalonzo in, locking out Hon. Wetangula … And this was unacceptable to my boss who instantly challenged the officers for being unruly. We prevailed upon them and everyone was allowed in.
The OCPD Central police later followed us and whisked away Hon. Wetangula’s bodyguard, had him disarmed and taken to central police. Reasons: He was unruly!?!?! The officer is likely to be charged in court today … And could most probably lose his job.
It is the duty of Kenyans to defend their rights .. And defend this gallant soldier who has always protected one of our bosses.
It is exactly 3:14AM and our team is still here at the Commission awaiting “read only access” to the IEBC server.
We have been ready since 4:00pm and they HAVE NOT cooperated with the Supreme Court orders for the same.
We have not been given the logs, the IP addresses, the GPRS location tags of the KIEMS kits, the time stamps…..Nothing!
We’ve been given two folders containing unsigned/unstamped documents bearing no names or bearers of responsibility and no information of substance. They have shared less than 1% of what was ordered by court.
They know that if we are granted this access, the THIEF will be unveiled!
By Alberto N. Amenya
You see, even as a poor Banana peddler, I have always taken exception to PLO Lumumba’s prowess in law. I have never taken him seriously.
Yesterday at the Supreme Court, my doubt about him came to pass. The bloke delivered a roundabout of motivational talk.
He elected to pick a preference for circumlocutory instead of forthrightly punching legal holes to NASA’s evidence.
To quote part of his submission, here is what he said
“My ladies and my lords, the people of Kenya on the 8th day of August did express their will. In this case, we were just midwives. Our work was to midwife the process and ensure the child is safely delivered and we did just that. My ladies and my lords, the child is alive and kicking and you are being invited to strangle a healthy baby. Please decline the invitation”
How does this story expound how 800,000 people went to a polling centre and voted for the President only.
How does the above riddling explain why Chebukadinezza elected to declare Uhuru Kenyatta winner with 34Bs only?
How does PLO’s sweet-talk explain why the institution he is supposed to defend, used results from ungazetted polling centres?
You see, in matters pertaining to Law, PLO is just an inconsequent.
Notwithstanding, what I find discombobulating is how Kenyans were foolishly swayed by his rhetorics.
PLO Lumumba appearing for IEBC Chairman Wafula Chebukati decided to make stuff up to sound trendy and learned but only embarrassed himself.
PLO claimed that NASA super counsel Otiende Amollo had used used Pythagoras Theorem in his presentation to show that Uhuru IEBC colluded with Uuhuru to use an algorithm that maintained an 11% margin constatntly from start to the end. The truth and even a class 8 graduate will tell you that Lawyer Otiende Amollo used the algebraic linear equation y=mx+c.
The Kenyan curriculum ought to be revised. It is so basic knowledge that a Professor who I expect to have learned about interrogation of research validity should have encountered y=my+c at some point in his studies.
I think PLO just likes to sound Latin/Greek and big worded. In the US law is done as a doctoral level degree after folks have gathered knowledge in other areas. And I have observed these kind of basic deficiencies with Kenyan best legal minds who aren’t all rounded. It has to be the curriculum.
@IEBCKenya’s argument through Nyamondi is that since the Court of Appeal affirmed presidential results announced at the polling station and at the constituency tallying center final, IEBC just received forms 34B’s and announced presidential results without verifying with forms 34As.
The argument is that constituency returning officers had no obligation to verify results transmitted to constituency tallying centers with form 34As before generating form 34Bs.
IEBC is basically arguing that even if individual form 34As are proved to be inconsistent with results submitted on 290 form 34Bs to the National Tallying Center, it was none of their business based on the court of appeal ruling.
Somebody tell counsel that IEBC is not just Chebukati and Chiloba BUT everybody who was involved and had authority to act on behalf of the commission, be a clerk, a deputy presiding officer, presiding officer, Constituency returning officer, county returing officer the commissioners and both junior and senior staff of the secretariat headed by Chiloba.
Three Cabinet secretaries and their role in August 8 polls came under sharp focus at the Supreme Court as Nasa started arguing its case.
Senior Counsel Okongo Omogeni on Monday accused Cabinet secretaries Eugene Wamalwa (Water), Mwangi Kiunjuri (Devolution) and Joe Mucheru (ICT) of displaying bias and, in some instances, intimidating voters to vote for Jubilee.
He said the three ministers acted contrary to the law by being partisan yet they are public officers.
Unlike Interior Principal Secretary Karanja Kibicho who has defended his conduct, Mr Amollo said, Mr Wamalwa, Mr Kiunjuri and Mr Mucheru have not explained why they took part in campaigns.
Mr James Orengo and Mr Amollo, Nasa leader Raila Odinga, want the top court in the land to find that the three CSs violated the Leadership and Integrity Act and the Constitution.
“The election is not about statistics but also about process leading to the elections. If the Constitution provisions and other laws were violated, the numbers will matter not,” he said.
By Anwar Sadat
It was a genius master stroke for Dr. Raila Odinga to publicly state that NASA was never going to court to challenge the outcome of the presidential results. This made Jubilee to plan on excess use of force by Police (or was it militia) on Kenyans after their partner, IEBC announces predetermined results.
As demonstrated by the petition, Jubilee and IEBC were so careless and forgot to cover their tracks after the blatant stealing of votes and violation of the sacred rights of the citizens of Kenyans concerning their votes.
Jubilee’s contingency plans was body bags to keep the bodies of Kenyans they knew they would be killed by police excessive use of force after the declaration of the fraudulent results; water canons and other weapons of terror to suppress any protests after the declaration of results; and ambassadors of peace like Julie Gichuru to preach accept and Move on after democracy has been raped.
Personally, President Uhuru Kenyatta should be disqualified from contesting in the repeat polls after the invalidation of his election.
By Hon Jim Bonnie
I want to explain this in layman’s language so that the most illiterate can understand for we need an uncompromised environment to listen to the proceedings at the Supreme Court. The technical jargon here is “Read Only access”. Note that Read Only is sentence capitalized.
For the skeptics and quack IT gurus, you can access all the details you want through Read Only access to a server and or a system. Systems Development is a mandatory unit in computer science, Information Technology, Business Information Technology, Computer Technology and other computer related courses studied in accredited universities (the key word here is accredited). Those who study computer packages are not allowed to study system development. It can crush their brains. Systems are developed in such a way that any activity on it is automatically recorded.
I will avoid scary technological jargons that a fool may use to intimidate you. A system has a store where all activities are recorded, that is, who accessed the system, from where, at what time and what did s/he do? You can’t change these records unless you totally erase it. Read Only means you can see and read what activity took place in a system but you can’t edit, change, delete, replace or corrupt the record. Are we together?
I’d like Read Only to a PDF version of a document. You can see and read the details of a pdf doc but you can’t edit. You can only delete the entire document. To put it differently, our phones have systems. Let’s take messaging for example. If you go to message box, you can read the messages you sent, whom you sent to and the time you sent. You can’t edit the messages sent or receives neither can you edit the time you sent or received a message. You can only extract that information or delete. That’s Read Only.
Now the IEBC KIEMS is not any different. NASA being given Read Only access means we will be able to see all that happened in the system. If someone logged into the system from Uganda or from mama Ngina’s bedroom and sent results, we will be able to see and extract a report. Now if IEBC and jubilee doesn’t want us to see this information, they can only delete it or kill the system and dump it’s body in Ngong forest but they can’t change it.
Opposition leader Raila Odinga’s lawyers have been allowed ‘read only access’ to IEBC servers without endangering their firewall.
“The petitioners and the third respondents shall be granted a read only access of information related to number of servers, files without the disclosure of software version,” Justice Isaac Lenaola said on Monday.
Lenaola said the petitioners should also be given access login trails of users into the IEBC servers.
The Supreme Court judge also said the petitioners should also be given access to password policy and password matrix.
“They should also be given certified copies of certificates of penetrations test prior to elections, specific groups location of KIEMS within August 5 to 11,” he added.
“A certified list of KIEMS kits procured and not used during elections.”
Lenaola said applicants must take into account the time the court has in making the final ruling.
He further said that IEBC should submit certified copies of original Forms 34A and 34B.
The stage is set for a major battle between NASA, President Uhuru Kenyatta and the IEBC after the Supreme Court last evening accepted crucial evidence and documents.
In sweet victory for the NASA Presidential flagbearer whose 900-page affidavit was rejected by the same court in 2013, Raila will now have a chance to demonstrate that key documents used by the IEBC were a “forgery”.
Raila claims the IEBC printed fake forms 34A and 34B to justify what it refers to as “fraudulent” results that were used to declare Uhuru the winner of the August 8 race for State House.
“I am advised by my advocates on record, and believe the same to be true, that the majority, if not all of these forms, are forgeries, and amount to a massive fraud committed on the People of Kenya,” Raila said.
But during the pretrial hearing on Saturday night, the IEBC lawyers and those of President Kenyatta united in opposing the admission of the new set of documents, claiming they were filed out of time.
Raila’s 2013 affidavit was knocked out on a similar technicality by the then Supreme Court that was headed by Willy Mutunga.
But in their ruling yesterday, the seven-judge Bench said the three respondents – including the IEBC and its chairman Wafula Chebukati had failed to demonstrate that the documents would change the character of the petition.
“The application therein has not claimed nor demonstrated that the filing of the documents and annexures in question seek to introduce new evidence or change the character of the petition,” said Justice Smokin Wanjala.
“The retention of the documents and annexures in question on the court record would in our view not jeopardise or seriously undermine the ability of this court to hear and determine the petition within the time limit of 14 days.”
NASA has included barcodes in the analysis of the forms 34A and 34B.
For instance, NASA says in its evidence the barcode analysis for Navakholo constituency in Kakamega county appears as “Organisational Principles World Health Organisation”.
The information revealed by the barcode analysis of forms 34B that the IEBC filed for Kipipiri constituency shows information relating to the prevention of liver disease by an organisation abbreviated as NCBI.
But the judges deferred to today morning a major ruling on whether the former Prime Minister will be allowed to audit the electoral commission’s electronic system, including the servers.
CJ David Maraga said the ruling shall be rendered today at 9am.
Raila claims Jubilee hacked the results transmission system and insists an audit would expose who won the vote.
In his court papers he says that Uhuru’s victory was based on a mathematical formula and a fixed algorithm factor.
“It is in light of the foregoing that I am advised by my advocates on record, and believe the same to be true, that only a system audit of all the Commission’s infrastructure can answer the many questions and gaps surrounding why what was supposed to a seamless system of integration of voter registration, voter identification and results transmission, failed at the tail end,” Raila said.
The judges further allowed Attorney General Githu Muigai and the Law Society of Kenya to come on board as friends of the court.
But it was not the same case for applicants Benjamin Barasa and consultant Isaac Oluochier, whose applications were dismissed.
The judges however agreed with independent candidates Michael Wainaina and Ekuro Aukot that they would be prejudiced if they are locked out of the petition.
Also locked out was lawyer Charles Kanjama, who had applied to be a friend of the court.
On the ICT Association of Kenya, the judges said it does not meet the criteria to be an interested party.
Yesterday NASA demonstrators who wanted to hold prayers outside the Supreme Court buildings were teargased and dispersed by police. But their leaders, attending a church service at the All Saints’ Cathedral, remained optimistic that they will get justice (see Page 2).
Deputy President William Ruto urged Kenyans, irrespective of their political affiliations, to allow the Supreme Court to do its work without intimidation and coercion.
Ruto said there was no need for any person to try to exert pressure on the judges, whom he described as competent individuals who are up to the task.
Addressing Kiborokwa African Inland Church faithful in Uasin Gishu county on Sunday, the Deputy President said the manner in which Kenyans voted at the August 8 election showed that the country is progressing democratically.
“We should not undermine our democratic process that we showed the world on August 8 by engaging in acts of lawlessness. We should maintain our peaceful coexistence as we wait for the outcome of the Supreme Court and the will of the people,” he said.
On Saturday, during the pretrial conference held at 7pm, lawyers representing Raila clashed with President Uhuru’s legal team and those acting for the IEBC over issues that should be heard by the court.
While Raila’s lawyer James Orengo argued that it was critical for them to access the IEBC’s electronic system and statutory results declaration forms, his opponents said what was being sought was unrealistic.
It was Orengo’s submission that it would require only two days to review the logs and kits.
“It is impractical and impossible to audit IEBC electronic systems in two days – our experts say it requires at least three weeks,” Muite submitted for the IEBC.
Lawyers Fred Ngatia and Ahmednasir Abdullahi, who are both acting for Uhuru, on their part accused NASA lawyers of going out to fish for evidence to enable them to make a case.
“What NASA is essentially doing is demanding for evidence. They are saying that if we don’t get this evidence, our case will collapse,” Abdullahi said.
Orengo had also asked the Supreme Court judges to consider four volumes they filed on Friday.
The volumes consisted of affidavits that Orengo said contained “a bombshell” that would leave the court with no option but to nullify Uhuru’s win.
However, the IEBC and President Uhuru said the documents had been filed out of time and his lawyers said could jeopardise their client’s case as they had no opportunity to respond.
Opposition leader Raila Odinga has arrived at the Supreme Court yard ahead Monday’s ruling on whether they can access IEBC servers.
Judges are expected to rule on Raila legal team’s application to access IEBC servers in search of more evidence on the alleged rigging during the August 8 general election.
Raila was accompanied by Musalia Mudavadi, Moses Wetang’ula among other NASA leaders.
Attorney General Githu Muigai and the Law Society of Kenya have been allowed by the Supreme Court to participate in the presidential petition as friends of the court.
Applications by lawyer Charles Kanjama and Information Communication Association (ITCA) were however disallowed.
On time allocation, Raila’s legal team will have a maximum of five hours to make their submissions.
The time was allocated to allow NASA to argue all its 28 issues it has raised over the outcome of the presidential elections.
Lawyers representing the IEBC and Uhuru will each have one and a half hours to respond to NASA’s submissions.
IEBC chairman Wafula Chebukati’s team has been allocated three hours. Interested parties and friends of the court have each been allocated 20 minutes.
THE BURDEN AND CURSE OF COMING FROM THE WRONG TRIBE UNDER JUBILEE.
Via Anwar Sadat
I left my hotel room today at around 9am and made my first stop at Kericho Shell petrol station for gas and to some air for the tires of my car. As one of the Shell attendants filled my tires, another person comes by and he queues to wait for his turn. We strike a conversation. He is a Meru, he is Richard – we didn’t have much time to get into careers and all but we are both heading to Nairobi from Kericho so we head out together. He tails me pretty close and I maintain my speed close to the 100km/hr mark.
He overtakes me after some half an hour. We tail a trailer for about 3 minutes or thereabouts and when the opportunity to overtake comes, we gladly take it. As customary, I indicate my intention to overtake and the matatu on my rear also jumps on my tail. I am sandwiched between the matatu and Richard’s car ahead. I overtake the trailer just to find another trailer already in front of it. The space in between them is small and cannot comfortably accommodate my car. Richard has already increased his speed and is already midway passing the next trailer.
Up ahead I see a canter approaching from the opposite direction. It has a moderate pace too but my window of overtaking is closing fast. The matatu is still hanging on my tail and flicking lights for me to pace up and give it room. I have no option but to speed up and overtake the second trailer before the canter closes in. I adjust my clutch to the S, which instantly gives life to my engine. The car engine raves as my back is suddenly pressed on the car seat as I accelerate and gather momentum. I get out of the situation in time as the matatu also zooms in behind me. That was silly and unnecessary. My speedometer is at 115kms/hr; I release the pedal and let the speed reduce without braking – I let Richard drive off. Phew!
After a few meanders, we come face to face with traffic cops and NTSA. Richard is about 150 meters ahead. I see the hands of the traffic cops go up in unison and Richard is ordered to stop. He parks next to the cop as another cop also flags me down too.
There are several cars parked all over and the NTSA van is also parked at a distance too. I lower my window and I ask if there is an issue. He scrutinizes his list, looks at my insurance and asks for my DL. We exchange pleasantries and he seems easy to talk to, a young guy. The moment he reads my name all that changes and he is all business.
“Umeshikwa juu ya speeding, weka gari upande ule”, he says as he proceeds to hunt for the rest.
“Hapana, kwani nime overspeed na ngapi?” I ask him trying to sound surprised.
He shows me a handwritten sheet with the details of my car at 115kms/hr. The less than a minute overtaking action has been made to sound like I have been over speeding for eternity. I don’t budge and don’t even leave the car. I insist we talk about it but he refuses so I park with the rest. I see another guy busy on a phone conversation, he is a luo. He has a Nissan full of women going to some church event of sorts. He had been stopped for driving at a speed of 87kms/hr. He is devastated. He tells me he has been pleading for the past half hour and they don’t want to listen. It’s too much effort with no potential benefit.
The NTSA guy sends another cop who rounds us up and tells us to tail his car to the police station. The cars are many, over 15 cars. I see Richard in a conversation with the same guy that refused to even give me a little talk time. I get into my car and before I drive off I see Richard running to the side of my car. He tells me the guy agreed to take 2k and has let him go. I tell him he has refused to talk to me about it despite my offer. I wish him a safe journey and tail the car to the police station.
It’s a long drive on a rough road but we eventually arrive at Molo Police Station. I ask the police that has brought us to the station what their plan is. He tells me we are being taken to court. He insists that we all give him our car key which is very uncharacteristic since he already took our DL’s but isorait. I give it to him. He says the car is now in their custody so they will be accountable if it’s stolen. Is he shitting me? Who steals cars in a police station?
We are out waiting, the church women do their prayers and singing in their van. It’s a luo choir. I realize we are just 8 out of the many cars that were flagged down. How, where are the rest of them? An hour later, three more cars join us and I realize we are also from the same ethnic community. Our numbers grow and one agitated driver asks in Kiswahili strongly laced with luo accent.
“Kwani hii barabara ni wajaluo tu ndiyo wana speed?” and proceeded to click. He is clearly annoyed and others join in. I am forced to moderate the group. I tell them to tone down otherwise they might even be shot for being rowdy.
The tension coupled with anger at the sight of unfairness in meting justice is palpable. When the cop that brought us to the station steps out, we rush to him and ask him where are the rest of the drivers that were over speeding? He pauses to think because he has no clear answer. He hesitates, stammers and walks back again to the office to think of an answer. He doesn’t come back to give us a response because it never occurred to him that we could figure out such a shopworn maneuver.
Half an hour later, a Kisii has been nabbed and brought to the station. He is in panic and makes frantic calls. After a conversation, he says he has been told he was over speeding. He is quickly called aside and they strike a conversation with the cop.
Another guy steps out of the office, he walks with a limp. He has a wad of papers. He tells us to follow him to court. The court is quite a distance, we pass through a few homesteads – a clear case of trespassing and then arrive at the court – it’s up on a hill. In our group, the Kisii guy is also missing, I am informed they let him off.
We find the judge finishing up with the previous cases and thereafter our cases begin. He proceeds to read out names of each driver and the corresponding charges. The accused steps forward and pleads and the sentence is passed depending on the plea of the accused.
The first guy of 87kms/hr – 5k fine, the second guy 112k/hr – 10k fine, the third and fourth and fifth are politically correct names and have all been given free bond, the sixth guy of 118km’hr – 10k so I am guessing I will be fined 10k too. Several other non-Western and Nyanza names are on free bond as per the documents in front of the judge and as a result the judge gets frustrated asks one of the cops while visibly disturbed.
“Nyinyi pia mmejipatia mamlaka ya kupeana bond?” The two cops just chuckle and dont give any response. He proceeds without even prodding further. It means the cops took bribes on those “free bonds” and sacrificed us for the courts as a smokescreen that they have dutifully done a good job.
When my case is read, the judge says I was doing 125kms/hr instead of 115km/hr. My throat dries up and saliva becomes scarce – that bastard screwed me up or someone did a shoddy job or the judge doesn’t visualize well. The judge asks me a second time, “how do you plead?”
What the hell does he mean how do I plead? I tell him I am guilty but not for that offence. The traffic guy is nowhere in sight to confirm. The judge proceeds to slap me with a 20k fine despite lack of proof or confirmation from my accuser. He refuses to listen, I find myself arguing with him and he motions one of the cops to silence me. I don’t think that guy is a judge by any standards – he has the look of a cartel beneficiary or surrogate. I am angry and don’t hide my disgust as I step out of that sham of a court room, I can’t bow to that idiot as much as one cop insists on it.
Angry and absorbed with own thoughts; a hand tags me on the side – a female cop. I stop momentarily and ask her where to pay the fine. She is quick to confirm to me that she heard the judge fine me 20k and I say yes.
“Uko na hiyo pesa?” she asks eagerly. I stop and look at her. Is she serious?These people think we are mobile ATM’s that chuck out money anytime.
“Sina hiyo pesa”, I say looking away without explaining myself.
“Uko na ngapi?” she asks. Does it really matter if the judge has passed his sentence? I give her the does-it-matter kind of expression and tell her maybe I can manage 10k.
“Fanya hivi, leta hiyo ili niongee na Chelang’at akupatie gari”. She says while rummaging through her phone for Chelang’ats number.
I tell her I only have 3k on mpesa and the remaining 7k are in my bag in the car. She doesn’t like it. She insists I was charged 20k, I need to add something on top and meanwhile she asks for the 3k and she escorts me to the nearest mpesa shop. I tell her to talk to the person holding my car keys and agree first. I ask her to describe the guy and she does – the limping guy!
And then, with the exquisite clarity that marks the most vivid, terrifying nightmares I realize these people may be all in it together. I might have been played!
Did they purposefully inflate my speed so that my fine is hiked for them to reap from the spoils?
“Enda tu kwake atakupatia na usiongee na mtu mwingine hapa”. I am like and who are you again?
“Wewe mwambie umeshaongea na Njeri”. She isn’t a young woman by any standards. She has short natural hair that is speckled with a lot of gray. No makeup and of course no attention to her looks. Her shoes are equally dusty and have borne some measure of neglect – uliza kiatu. She is too busy collecting bribes to even pay attention to her looks. I guess when money swings your way in random motions with ease nothing else matters because money is the only thing!
I rush back to the police station, I find Chelang’at alone in the office and he asks for the 7k. He gives me my car keys and I retrieve the money for him and just like that he hands me my DL the court sentence notwithstanding!
Instead of being glad, I retreat back to my car unable to just drive off. I sit and ponder about my proud heritage and the sudden fearful conviction that the happy life we once led may no longer be reclaimed – I mourn softly but my inward tears bring no release of sorrow, it laces it with anger.
That judge was just a smokescreen to hoodwink the public to pay out more without question based on the sham rulings. There is no justice and no fairness – to make it worse, ethnic profiling has also creeped in. We have no laws in Kenya, we have no legal institutions in Kenya but we have cartels – cartels are everywhere. A change of regime may interrupt the clandestine activities of these cartels. The beneficiaries of this organized crime will not let that happen. I now have my doubts about the Supreme Court.
Lawyer Ahmednassir Abdullahi was recently quoted in one of the Dailies saying, “Kenya is one of the most corrupt countries in the world. The Executive steals from the people; the Legislature steals from the people, the private sector bribes the public sector. The police, army, prisons steal from the people. So why then do we expect the Judiciary to be saintly in a land where the devil is the dominant force. After all, don’t we appoint our judges from the pool of corrupt lawyers with itchy fingers and fathomless appetite for greed and money?”
1. Barasa’s application to join the proceedings dismissed.
2. Michael Wainaina’s application to join the proceedings allowed.
3. Ekuru Aukot’s application to join the proceedings allowed.
4. The 3rd respondents application to strike out some of the petitioners affidavits dismissed. The petitioners affidavits filed out of time accepted by court. Documents and annexures in question to be served upon the applicant by Monday morning.
5. The petitioners application to expunge some of the respondents documents served out of time dismissed.
6. Petitioners second application to strike out 1st, 2nd and 3rd respondents affidavits dismissed.
7. Aluochier’s application to join the proceedings dismissed.
8. Kanjama’s application to join the proceedings dismissed.
9. ICTAK’s application to join the proceedings dismissed.
10. LSK’s application to join the proceedings allowed.
11. The Attorney General’s application to join the proceedings allowed BUT limited to one issue.
12. Petitioners application on access to iebc server and delivery of original forms 34As and 34Bs not ready and to be delivered tomorrow morning.
Proper hearings start at 9:00am tomorrow with the Petitioner’s lawyers first on the floor.
Watch Live Proceedings from the Supreme Court Of Kenya where the bench will deliver a ruling on various applications that were made by the Petition Raila Odinga and 1st and 2nd respondent IEBC and Uhuru respectively.
Kisumu Central MP elect Hon Fred Ouda has slapped Nairobi police boss Japhet Koome, it was a grandmother of all slaps.
He is the third person to slap a senior police officer after Bernard Chunga and Babu Owino.
His supporters are celebrating saying the next to he slapped shoulf be Nyanza and Kisumu Police bosses over arbitrary killings of area youths by police.
The Supreme Court has postponed its ruling on poll petition applications from 2pm to 7pm on Sunday.
Registrar Esther Nyaiyaki did not give reasons for this and said the hearing of the main petition will start on Monday at 9am.
The court was to deliver rulings on interlocutory applications and begin the hearing of the main petition at 3pm today.
The petition resulted from Uhuru alleged computer algorithm generated victory in the August 8 general election and contestant Raila Odinga’s opposition on claims of rigging.
NASA lawyers want the court to grant them permission for access to logs on election transmission servers.
They want to verify whether the results announced by IEBC correspond with those recorded on forms 34A, 34B and 34C.
Earlier, NASA principals attended a service at All Saints Cathedral ahead of a vigil at Supreme Court which police may not allow.
Raila was with his wife Ida, Wiper’s Kalonzo Musyoka and Bungoma Senator-elect Moses Wetang’ula of Ford Kenya.
Pre-trials are very fascinating. You can tell a lot about the strategy the lawyers will use during the trial proper. Petitioners try and include as much damaging evidence, defence lawyers get anal about what they want excluded.
I couldn’t help but notice how the respondents’ lawyers are fighting tooth and nail to exclude Uncle Chepukatnezza’s Kifaranga machine. Their defence strategy is to get evidence thrown out on technicalities.
Now you know why IEBC Chebukati was insisting the Kifaranga machine was just a useless statistical device. He wants you to believe that the real numbers are in the 40,886 Forms 34A and 290 forms 34B that his sidekick Chiloba couldn’t find two weeks ago. The same forms our Esra earlier told the world he had and then he hadn’t. Then he remembered he had them, then he was reminded he didn’t.
When you use the Kifaranga machine to cook your figures, shove a pre-determined result down people’s throats, you can’t just turn around and say “You know, that thing was just a statistical toy, It means nothing”. And if indeed the process was free, fair, credible, verifiable and accountable – why are you afraid to show the originally scanned forms 34A and 34B.
All we just need to do is verify that the electronic versions are the same (or not) with your cooked paper versions. Hell, if you gave me 2 weeks and a few motivated Sigwenya’s, I can cook all those forms PAP!
And what the hell is the Grand Mullah on about. IEBC is a public body. The information they hold belongs to the public. Yes they can restrict information that can identify an individual, but even so, they can’t keep it away from that individual. With all his bravado, I didn’t realize he can be that dense and insist the public has no right to that information. And yes, if it means giving the public the information to hang you from the rafters, so be it. I suppose he’s just defending his client.
Also good to see our Amicusly Curious Mortician trying to tell the court sijui what.
I feel proudly represented by NASA lawyers at the Supreme Court. CJ David Maraga dropped a bombshell question that left Uhuru and IEBC lawyers dumbfounded, an important question with regards to access to IEBC servers. To paraphrase… “Aren’t there some security arrangements to ensure the petitioners access only what they are supposed to?” IEBC lawyers objected and brought up irrelevant issues to do with backup. Take note that:
1. A systems backup is a daily automated procedure. It is misleading for IEBC lawyers to assert that backup will run for many days before petitioners are allowed to access the servers.
2. Logical access control is the mechanism by which users are granted access to a system depending on their roles. It’s possible, as questioned by the CJ, to provide read only access to an information system without compromising the integrity of the database and programs.
3. IEBC through Paul Muite initially proposed that all parties be involved in scrutiny of forms and data as requested by Sen Orengo and under the guidance of the Registrar. Why is Uhuru so strongly opposed?
4. Scrutiny of original Forms 34A, 34B and logs of the KIEMS system is the core of the NASA petition. If you dismiss this prayer then you might as well throw out the entire case.
Looking forward to tomorrow’s ruling on the issues raised today.
BTW… Who is Harrison Kinyanjui trying to impress by heckling in that hallowed court? I leave him in the capable hands of Millie Odhiambo and Opondo Kaluma.
This pencil-thin towering Jubilee ragamuffin is witnessing an extremely rare occurrence in his life- a rumbling assquacke.
He can’t just seem to get enough. He has vowed that even if a car was to knock him dead, he will never stop looking at that roaring mountainous derrière.
He therefore caressed the lady with his eyes until she disappeared into the blue yonder 700 meters away.
Look at the position of his left hand, he was trying to control a violent riot in his southern faculties; a serious riot that required police to throw teargas canisters into his trousers to calm the ruckus.
This brother needs your prayers. He needs a deliverance so that Satan can leave him alone.
I am even thinking he is a rapist or a potential rapist. But on a second thought, maybe the ODM giant with a behind running away from her is single….just like that, the man’s courage failed him. Just like that he successfully became a certified windowshopper!
By Standard News
Nairobi Police boss Japheth Koome turned down a request by the National Super Alliance (NASA) which intended to hold prayers for the presidential petition on Sunday outside the Supreme Court.
Mr Koome indicated that Kenyans should note that the National Transport and Safety Authority (NTSA) will not allow any persons to interrupt the court events set to begin today (Saturday) from 7pm.
“Please note that I will not allow any person to disrupt the court proceedings hence the request by NASA rejected,” said Koome. “Note that City Hall way, Taifa Road and part of Wabera Street will remain closed from both vehicle and human traffic. Also the High court parking will remain closed for vehicle and small scale traders (hawkers). This applies on Saturday, Sunday, Monday, Tuesday and Friday,” Koome noted.
Earlier on Friday, NASA leaders had announced plans to hold special prayers for the much awaited petition. President Uhuru Kenyatta wrote to the Supreme Court on Friday asking that four documents filed by NASA leader Raila Odinga in his petition challenging the presidential election expunged.
The President argues that the documents were filed outside of the stipulated time. Among the documents is an affidavit sworn by Kenya Human Rights Commission (KHRC) Executive Director George Kegoro and which is also at the centre of a filing row between NASA and IEBC lawyers.
The document, filed on Sunday alongside three others which contain form 34As, details alleged irregularities in the General Election. Although NASA’s lawyer Paul Mwangi denied that additional documents were filed on Sunday, Supreme Court registrar Esther Nyaiyaki wrote to indicate that the registry had received four documents on August 20 (Sunday) but were erroneously dated Friday August 18.
Chinua Achebe’s book “The Trouble with Nigeria” should be a must-read for ALL Kenyans including in-coming legislators.
Released in 1983, the ten-chapter 87-page fifteen thousand worded quick read is direct and to the point regarding details of a corrupt Nigerian society whose equally corrupt leadership got its mandate from an equally corrupt, culpable and hyper-tribal section of the Nigerian population!
It sounds like a broken record but the problem with Kenya is a corrupt and ineffectual leadership which gets its mandate from their ethnic groups – making said groups just as culpable as the kleptocrats they “elect” into office.
And as vividly illustrated by the just-concluded elections, the corruption and impunity of the Jubilee government is now aided and abetted by a bi-polar and schizophrenic international community (US, EU, AU, UN) that was once poised to exact justice against those accused of crimes against humanity (in 2008) only to flip the script and validate a demonstrably rigged and manipulated 2017 election whose aftermath featured violence meted out against an opposition-leaning (Luo) ethnic group by state agents commanded by two once-upon-a-time crimes-against-humanity suspects Uhuru Kenyatta and William Ruto!
The trouble with Kenyans is that they’ve allowed their country to metastasize into the cancerous growth they are now seeing in the violent and corrupt cabal leading them! And like their Nigerian “brodas”, Kenyans are quick to sit back and wring their grabby hands and vote in the same causes of the ill they complain about ad nauseum!
How do Kenyans re-elect an Uhuru/Ruto duo that oversaw their country become the third most corrupt country in the world; this according to a survey on prevalence of economic crimes released in Nairobi yesterday by audit firm PriceWaterhouseCoopers (PwC) – Feb, 27th 2016 Standard: “Survey: Kenya ranked third most corrupt country in the world”?
On the other hand, that Anne Waiguru, who was implicated in the KSh.791Million scandal at the Department of Devolution & Planning, is poised to bring her “talents” to Kirinyaga as its County Governor says it all.
Kenyans don’t care! Make that “some” Kenyans don’t care!!
White elephants such as the SGR and the primary school laptop boondoggle have imbued wanaKenya with a sense of invincibility (tuko juu sana!); in the process blinding them to the rot that is their country! It doesn’t hurt that Kenyans boast some of the world’s best runners and rugby players!
Notwithstanding, if ever there was an example of what anthropologists refer to as “cargo cults” i.e. the belief by a society that can barely feed its children that one day, without the requisite sacrifice and hard work, they will become a “nuclear power”, I’d hold Kenya as Exhibit A!
At least America, for all its many fault, IS a superpower! As was South Africa which ended its nuclear program in 1989 and signed the Treaty on the Non-Proliferation of Nuclear Weapons in 1991!
I recently saw a FB picture of a matatu displaying a bumper sticker with the caption “My Country: Love it or Leave it!” written over colors of a “flattering” Kenyan flag!
How patriotic! How trite and disingenuous – from an industry that is notorious for flouting every traffic rule in the book!
It, bumper sticker, reminded me of the zeitgeist in 2003 shortly before America and its “Coalition of the Willing” invaded Iraq to “rid” Saddam of his WMDs. This is the faux patriotism, displayed mostly by those whose turn it is to eat or those whose people are already eating, that English writer/poet Samuel Johnson was referring to.
Irishman Oscar Wilde’s take on the nationalism/patriotism currently pervading Kenya (and America’s white supremacists) is even more on point: It is “the virtue of the vicious”; an expression explained by ruminating on how one muddies the corruption, xenophobia, bigotry and overall dysfunction that pervades (their) society: Kenyans have done so by questioning the loyalty, “patriotism” and religiosity of those pointing out the rot to wit:
All those questioning the “god-chosen” duo of Kenyatta and Ruto are “unpatriotic” “un-godly” ingrates!
Fortunately (or unfortunately), Kenya’s leadership have continued to overplay its hands, especially since 2002 when “punda” finally “chokad” and kicked out the authoritarian and corrupt 2nd president Daniel Moi.
In the late public servant Chris Msando and 6-month old Samantha Pendo, Kenya’s 2017 General Elections, regardless of the upcoming Supreme Court ruling, has its icons (Chinua Achebe’s Aminu Kano) and illustrations of how depraved the pursuit of power can become – even by attendees of “prayer rallies”.
The current talk of secession may peter out but I will be very surprised if Kenya reverts to status ante.
Members of the public in Kisumu have retrieved unidentified rotten bodies (wrapped body bags) from Lake Victoria presumed to be of victims of post-election police killings protests in the area.
Police Confirmation
According to the county commander Titus Oyoma, police were notified by residents that there was a body on the shores of the lake. The body was taken to Jaramogi Oginga Odinga Teaching and Referral Hospital mortuary.
The incident comes at the wake of allegations by area leaders that several casualties of police brutality in the area were either thrown in the lake or buried in undisclosed mass graves.
Richard Nyang’au, a mortuary attendant said one of the body had bullet wounds in the chest and no one has claimed it yet. “There are two holes on the chest signs indicating that if they were bullets shots they were at a close range,” said Nyang’au
Kisumu Governor Anyang Nyong’o alleged that at least four families have reported cases of missing kin and that fishermen at Musoma beach claimed to have recovered bodies in body bags and only one taken to the mortuary. “I have asked the mortuary attendant to keep that body carefully as we wait for forensic scientists to examine the body and determine the cause of death,” said Nyong’o
Governor Nyong’o said his administration will do all it takes to find out where the three bodies were taken. “I have asked the Independent policing oversight Authority (IPOA) to keep track and get all information on police.
