Monday, 18 September 2017

Repeat presidential election date may be changed, 18.09.2017

By PATRICK LANG'AT
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IEBC chairman Wafula Chebukati, his deputy Connie Maina (right) and commissioner Roselyne Akombe at a past press conference in Nairobi. PHOTO | FILE | NATION MEDIA GROUPIEBC chairman Wafula Chebukati, his deputy Connie Maina (right) and commissioner Roselyne Akombe at a past press conference in Nairobi. PHOTO | FILE | NATION MEDIA GROUP 

Summary

  • French-firm OT-Morpho has submitted to the Wafula Chebukati-chaired IEBC a six-page report, in which it is detailing how long it will take to reconfigure the 45,000 kits for the fresh election, which is scheduled for October 17.
  • Since it is only in a presidential election that the kits will be used, the names of the 14,000 candidates for the five other elective seats, their results and portraits will also be removed from the system.
  • The IEBC has been thrown into a spin with a demand that will lead to an almost-complete overhaul of the election process, which includes buying of new 40,883 ballot boxes.
  • An audit ordered by the Chief Justice David Maraga-led court found massive clerical errors in 42 of the 290 constituencies.
A decision on whether to change the date of the fresh presidential election might be made on Monday, when the electoral commission deliberates on a status report on the voter identification and result transmission kits.
According to sources, however, the decision is not likely to be made public until Wednesday, when the Independent Electoral and Boundaries Commission (IEBC) meets President Uhuru Kenyatta and his main rival Raila Odinga at the Bomas of Kenya, the National Tallying Centre.
French-firm OT-Morpho has submitted to the Wafula Chebukati-chaired IEBC a six-page report, in which it is detailing how long it will take to reconfigure the 45,000 kits for the fresh election, which is scheduled for October 17.
“Since Morpho gave its oral presentations, the talk of change of the election date has gained traction in the commission but has not become a substantive agenda,” a source at the IEBC told the Nation, adding: “The commission will meet again today to discuss a six-page report by Morpho and concretise its decision.”
CONFIGURED
The kits will have to be configured with the names of the top two presidential candidates only after the other six were locked out. This will be after a meticulous, no-mistakes-allowed removal and safekeeping of the August 8 General Election data to avoid the risk of the kits re-using data from the invalidated poll.
Since it is only in a presidential election that the kits will be used, the names of the 14,000 candidates for the five other elective seats, their results and portraits will also be removed from the system.
It is important for the IEBC to get the configuration of the kits right — and, ultimately, the voter identification and results transmission — as they were at the heart of the Supreme Court ruling that invalidated the re-election of President Kenyatta and ordered a fresh poll within 60 days.
OTHER POSSIBLE DATES
Since the court released its judgment on September 1, it means the fresh election has to be held by October 31. Sources, however, cited October 24, 26 and 30 as possible election dates should the commission plenary be convinced by Morpho on a postponement of the election. IEBC commissioner Paul Kurgat however said: “The date is still October 17, but Safran has presented its report and we will look at it and make decisions.”
Yesterday, the Odinga-led Nasa opposition coalition targeted Morpho in its renewed attacks on the preparations for the repeat election, dismissing an audit that the firm said it had done, showing it had found no evidence of hacking of the system in the August 8 polls.
But it is not only the kits that may inform the change of the election date.
The IEBC has been thrown into a spin with a demand that will lead to an almost-complete overhaul of the election process, which includes buying of new 40,883 ballot boxes. Most importantly, it will also have to train its more than 300,000 contract employees who will man the elections.
An audit ordered by the Chief Justice David Maraga-led court found massive clerical errors in 42 of the 290 constituencies. These included missing names of the constituency, name of the constituency written by hand, lack of security features such as the serial number and watermark on results forms, cases where the IEBC stamp looks different and others where the form runs into several pages. 

US wants Uhuru and Raila to hold talks on repeat poll

By PATRICK LANG'AT
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President Uhuru Kenyatta with Nasa leader Raila Odinga when they attended Mzee Jomo Kenyatta's 38th Anniversary Memorial Service at the Holy Family Minor Basilica, Nairobi August 22, 2016. The US has reached out to President Kenyatta and his rival Raila to resolve sticky issues around the October 17 repeat elections. PHOTO | JEFF ANGOTE | NATION MEDIA GROUPPresident Uhuru Kenyatta with Nasa leader Raila Odinga when they attended Mzee Jomo Kenyatta's 38th Anniversary Memorial Service at the Holy Family Minor Basilica, Nairobi August 22, 2016. The US has reached out to President Kenyatta and his rival Raila to resolve sticky issues around the October 17 repeat elections. PHOTO | JEFF ANGOTE | NATION MEDIA GROUP 
By VALENTINE OBARA
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Summary

  • Principal Deputy Assistant Secretary at the US government’s Bureau of African Affairs Donald Yamamoto said the US had already reached out to top political leaders in the country and informed them that the world is watching.
  • America has huge stakes in Kenya, varying from economic, social, political and security matters, especially in the fight against terrorism, money laundering and drug trafficking.
  • Jubilee Party has toned down on calls for change of staff at the commission, instead demanding that the IEBC be granted the independence to choose its staff and make managerial decisions without interference.
  • Nasa has demanded the sacking of IEBC chief executive Ezra Chiloba, commissioners Boya Molu and Abdi Guliye and nine other senior officials and the cancellation of the Dubai-based Al-Ghurair tender to print the ballots.
The US has reached out to President Uhuru Kenyatta and his rival Raila Odinga to resolve sticky issues around the October 17 repeat elections .
A top official in President Donald Trump’s administration said “all eyes were on Kenya” as the Independent Electoral and Boundaries Commission (IEBC) invited President Kenyatta and Mr Odinga to a make-or-break meeting over the elections.
Principal Deputy Assistant Secretary at the US government’s Bureau of African Affairs Donald Yamamoto said the US had already reached out to top political leaders in the country and informed them that the world is watching.
Besides regular statements made by the US ambassador to Kenya, Mr Robert Godec, concerning the coming election, this is probably the first time that a senior government official in the Donald Trump-led government has spoken publicly about it.
“Kenya’s on  — probably on — the threshold of a great election on October 17, but it’s the issues that we need to focus on and work with ... the eyes of the world and the US government are on you, on Kenya,” he said.
COMMON INTERESTS
Mr Yamamoto made the comments while giving a speech on advancing common interests of US-African partnerships at the US Institute of Peace based in Washington, on Wednesday.
The Bureau of African Affairs falls under the US Department of State and has the responsibility of advising the Secretary of State on matters touching on Sub-Saharan Africa.
“We’re not going to take our eyes away from it (Kenya). Kenya matters. If our largest embassy is in Nairobi, Kenya, that means we have a stake in that country, and Africa has a stake, and this government’s looking at where the trend lines will go after October 17,” said Mr Yamamoto.
America has huge stakes in Kenya, varying from economic, social, political and security matters, especially in the fight against terrorism, money laundering and drug trafficking.
At the height of the 2007 post-election violence, the US was at the forefront in pushing for mediation between President Mwai Kibaki of PNU who had been declared winner and his main opponent Raila Odinga who vied through ODM.
BROKER DEAL
The country dispatched its then-Secretary of State, Ms Condoleezza Rice, to attempt to broker a deal between the two sides so as to stop the violence, which eventually saw more than 1,100 people lose their lives and thousands others left homeless.
As Mr Yamamoto spoke, sources at the IEBC said the commission has  scheduled a consultative meeting between President Kenyatta and Mr Odinga on Wednesday to thrash out issues that the National Super Alliance has raised.
The meeting, it was said, will take place at the Bomas of Kenya, which served as the commission’s National Tallying Centre .“I am positive that we are going to sit down and for the sake of the country, we shall come up with a solution to any issues that might be a roadblock to the holding of the elections on October 17,” IEBC chairman Wafula Chebukati said last week, before the commission confirmed the sending of the invites to the two protagonists on Twitter on Friday.
In the Wednesday meeting, the IEBC hopes to go through Nasa’s demands while taking into consideration the Jubilee Party’s views.
It is also at this meeting that the IEBC is expected to tell the candidates if there will be a change of the elections date following a request by French firm Safran Morpho for more time to re-configure the 45,000 voter identification and result transmission kits.
The commission has prepared a 12-page agenda document for the meeting in which they have promised to re-vet returning officers, audit their servers and improve on the ballot paper printing tender.
BALLOTS
To ensure the integrity of the ballots, the IEBC has proposed a tracking system from the source to the warehouses, until the polling stations, data which will be available to the two rivals, while reducing the extra ballot paper provision that led to an extra 1.2 million in the August 8 poll.
Nasa has demanded, among other things, the sacking of IEBC chief executive Ezra Chiloba, commissioners Boya Molu and Abdi Guliye and nine other senior officials, the cancellation of the Dubai-based Al-Ghurair tender to print the ballots and an audit of the IEBC server before the polls.
“Kenyans are coming for you. Salvage what you can and run. There will be no election with you in office,” Mr Odinga told the 12 IEBC officials on Sunday.
President Kenyatta’s Jubilee Party, on the other hand, has toned down on calls for change of staff at the commission, instead demanding that the IEBC be granted the independence to choose its staff and make managerial decisions without interference.
JOINT MEETING
“We must give IEBC the space to run this election. We must respect their independence ... It is not in our purview to decide staff and other administrative issues for the IEBC. That is the job of the commissioners,” said Deputy President William Ruto after a meeting with the IEBC last week.
A joint meeting between the two parties planned for Tuesday last week aborted after Mr Odinga, who was accompanied by his running mate Kalonzo Musyoka, and co-principals Musalia Mudavadi and Moses Wetang’ula walked out when Mr Ruto failed to arrive for the 11am meeting.
The DP, who arrived later, said his tardiness was due to a Jubilee Parliamentary Group meeting he had attended.
Separately, US Undersecretary for Political Affairs Thomas Shannon, Jr said Kenya showed a great maturity in democracy after the Supreme Court ruling, which nullified presidential results that had seen President Uhuru Kenyatta declared winner by the IEBC.

Sunday, 17 September 2017

NASA EMBAKASI DECLARATION: 17.09.2017


WHY SHOULD KENYANS TRUST IEBC WITH ANOTHER ELECTION?
Since the Supreme Court declared that the Presidential election was not conducted in accordance with the Constitution, that Uhuru Kenyatta was not validly declared President and Uhuru’s purported win was invalid, null and void, only two developments have occurred at the IEBC.
First, Chairman Wafula Chebukati raised more questions with the CEO of the Commission Mr. Ezra Chiloba. Then the officials proceeded to a retreat and declared unity and readiness to conduct another election.
Otherwise, all the individuals and institutions that perpetrated the illegalities and irregularities remain in place, claiming readiness to conduct another election.
The French firms Saffran and Morpho that supplied the kits for the failed elections after being single-sourced now claims to have audited itself away from the eyes of the complainants and the Kenyan public and given itself a clean bill of health.
As it declares itself clean and ready for another election, the IEBC's own ftp (file transfer protocol) server logs show over 3,500 attempts to penetrate the system by unauthorized users prior to the election.
The IEBC's own server logs demonstrate an unauthorized user using a personal email account "dkchirchir@gmail.com" to access the server contrary to the IEBC's own ICT User Policy.
Saffran seconded staff to assist the IEBC here in Nairobi with full access to the system. What did those staff do when they noticed this violation? Either they did nothing or aided the illegality.
Rogue users aside, did Safran take note of rogue activities by "authorized" users? For example, the user wchebukati@iebc.or.ke was supposed to have read-only privileges on the system as a national user. Why could his profile delete files (forms 34A and B) from the ftp server? Who granted these privileges and what did Safran do when they noted this violation? Either they did nothing or aided the violation.
Saffran’s complicity in this fraud extends beyond just hacking but to willfully allowing gross violations of the IEBC ICT User Policy.
Does Saffran deny that only two out of 40,883 KIEMS kits transmitted data for the entire election? This is also in the IEBC logs.
As a professional firm in the business of conducting elections, aren't they culpable if they stand by as their system is grossly abused with their full knowledge and input?
Yet as things stand today, the firms are preparing for business as usual in a fresh election.
Another single-sourced firm, Al Ghurair Printing & Publishing, whose track record of supplying ballot papers in nearly all elections in Africa where the will of the people has been manipulated and overthrown, is on standby again, ready to print ballot papers.
When IEBC chairman raised questions with Mr Chiloba, including why his (Chebukati’s) account was created and used to undertake 9,934 transactions in the IEBC server without his knowledge and consent, why 595 polling stations failed to send any presidential results, while 682 polling stations had identical numbers of rejected votes, we heard from Deputy President that Chiloba had answered. Neither NASA nor the Kenyan public knows that Chiloba had responded. Only Jubilee knows.
This is disturbing but easy to understand. IEBC and Jubilee are partners in crime. The two need each other. If Jubilee is in power, it will protect the co-conspirators and fraudsters in IEBC. Those IEBC officials have every reason to protect Jubilee as their only source of protection.
The murder of Chris Msando who was IEBC IT Director is a cold-hearted crime that goes very high up. IEBC and Jubilee are partners in this murder.
The question that follows naturally is: Why should Kenyans trust these individuals and institutions with another election? Is it because the IEBC officials went on a retreat and buried the hatchet? Is it because Safran supposedly conducted an audit and declared itself clean? Is it because Ezra Chiloba provided the answers and handed them over to William Ruto? Is it because Al Ghurair has now committed to transparent engagement with the people of Kenya?
Are we counting on the very institutions and individuals who participated in a coup against the people of Kenya and tried to install a defeated candidate as winner to ensure an accountable counting, tallying, transmission and transparency of results? Our answer is No.
IEBC as currently constituted together with the institutions that conducted the August elections cannot conduct a free and fair election in October. It is not in their interest to do so.
And so today, we launch our campaign against any elections held by IEBC as currently constituted. We shall go around the country sensitising people about our case against elections by IEBC.
We shall sensitise our people about the reforms that must take place before they can be called to another election.
As the opposition, we have instituted reforms to the election process before. We shall do it again. That is our focus and our goal. Because we instituted the use of technology in our elections, we were able to catch the thieves and fraudsters this time.
That made Kenya the first country in Africa and 4th in the world to have a presidential election declared invalid, null and void due to illegalities and irregularities in the electoral process.
We are the people who will end electoral fraud in Africa. We will be the team that will uproot the evil of sham elections with a pre-determined outcome. That is our focus in October and beyond, not another sham election.
We are alive to the fact that institutions can’t reform when they are led by people opposed to reforms.
And so we restate: Officers who facilitated the display of figures purporting them to be results but which at the Supreme Court hearing were disowned by the Commission as mere statistics must get out of the way. That is where is reform at IEBC will begin.
1. Abdi Guliye.
2. Molu Boya
3. Ezra Chiloba
4. Marijan Hussein Marijan.
5. Betty Nyabuto
6. James Muhati.
7. Immaculate Kassait.
8. Praxedes Tororey
9. Moses Kipkogey
10. Sidney Namulungu- in charge of Kisii County where fake Forms were used to declare results
11. Nancy Kariuki- in charge of Mombasa County where fake Forms were used to declare results.
12. Silas Rotich- in charge of Nakuru County where fake Forms were used to declare results.
Kenyans are coming for you. Salvage what you can and run. There will be no election with you in office.
Rt. Hon. Raila Odinga
Hon Kalonzo Musyoka
Hon Musalia Mudavadi
Sen. Moses Wetangula
NAIROBI
September 17, 2017

Akombe fears for her life, says brother has fled the country,17.9.17

By JUSTUS WANGA
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Dr Roselyn Akombe Kwamboka. PHOTO | DENNIS ONSONGO | NATION MEDIA GROUPIEBC Commissioner Roslyn Akombe. Her brother has fled the country after receiving several threatening messages believed to be targeted at his sister and fellow commissioners. FILE PHOTO | DENNIS ONSONGO | NATION MEDIA GROUP 

Summary

  • Dr Akombe opened up on her own fears, saying never before has she felt so insecure.
  • The threats, the Nation learnt, have been in the form of text messages and calls from unknown persons.
  • Asked whether she had reported the threats on her and her brother to the police, Dr Akombe answered in the negative but did not give reasons.
  • On Saturday, Inspector- General of Police Joseph Boinnet told the Nation that he was not aware of the incident.
A brother of electoral agency official Dr Roselyn Akombe has fled the country after receiving several threatening messages believed to be targeted at his sister and fellow commissioners.
The 34-year-old man, who we are not naming for security reasons, his wife and three children left the country through the Namanga border point on September 5 following sustained threats on his life by unknown persons in what is turning out to be a wider plot to intimidate commissioners, especially those perceived not to tow the “official line.”
“He left the country last week when the threats became too much,” Ms Akombe confided in the Nation in an exclusive interview.
Without pointing fingers at anybody, Dr Akombe maintained the threats directed at her brother were intended to intimidate her.
“He is a man who loves this country and had always resisted our attempts to get him something to do abroad.  I feel responsible for it. It feels bad but what can you do about it?” a distraught Akombe said.
INSECURE
The Nation learnt that the man, who worked in one of the government ministries, deliberately avoided going through the Jomo Kenyatta International Airport (JKIA) for security reasons and instead travelled to Namanga by road, before crossing the border to neighbouring Tanzania.
He eventually landed in his host country eight days later, after passing through five countries.
Dr Akombe opened up on her own fears, saying never before has she felt so insecure.
“I have been to Somalia, Yemen, Jordan, Iraq and even Libya for security assessment missions but on a personal basis I have never felt this insecure,” she said without elaborating.
She was referring to her tour of duty in those countries when she served in the Department of Political Affairs of the UN where she was an Under-Secretary before taking leave to take up the IEBC job early this year.
Asked whether she had reported the threats on her and her brother to the police, Dr Akombe answered in the negative but did not give reasons.
On Saturday, Inspector- General of Police Joseph Boinnet told the Nation that he was not aware of the incident.
DETAINED
“I don’t know anything about what you have just told me. Nothing at all,” he said.
Just one week after the August 8 polls, Dr Akombe was detained overnight at the JKIA by security officers on grounds she did not have prior clearance from the head of Public Service Joseph Kinyua to leave the country.
It took the personal intervention of US ambassador Robert Godec to have Ms Akombe released and allowed to proceed with her journey to the United States.
The Ministry of Interior later explained the code of regulations for public servants and employees of independent commissions required they seek clearance from authorities before travelling abroad.
“The IEBC commissioner has proceeded on her travel after being cleared. There is a code of regulations for public servants and officers. It affects even those in independent commissions because they are not private companies,” Interior Ministry spokesman Mwenda Njoka said.
This was, however, disputed with some observers offering that officials of independent commissions do not require such nod from Mr Kinyua, otherwise they lose their autonomy.
NEED CLEARENCE
Chairperson of the Kenya National Commission on Human Rights Kagwiria Mbogori disputed the executive’s assertion that independent offices and constitutional commission officers have to be cleared by the Office of the President before they travel out of the country.
“For independent offices and constitutional commissions, we are independent institutions and our independence is granted by the Constitution of Kenya. And for travel of commissioners and even staff in our commissions, you do not need the clearance of the Head of Public Service. So, unless there was anything else, because we are not privy to the on-goings of that particular case, our comment will have to be just that,” said Ms Mbogori said.
The latest incident comes against reports that the security of top IEBC officials has been beefed up following threats directed at them and, in some cases, their family members and close relatives.
Days before he was murdered barely a week to the August 8 election, IEBC ICT manager Chris Msando had complained about threats to his life.
Police chief Boinnet later went on record to assure that all IEBC staff would have their security enhanced. He was responding to an appeal by IEBC chairman Wafula Chebukati that the government protects them.
ACCORDED SECURITY
“We shall also work with IEBC with a view to ensuring all the commission employees are accorded the requisite security to enable them discharge their mandate,” Mr Boinnet was quoted as saying.
Interviews with various staffers at the polls body, especially commissioners, revealed a number of them had been threatened in one way or the other over the last two months.
The threats, the Nation learnt, have been in the form of text messages and calls from unknown persons.
Two other commissioners are equally affected in what has forced them to adopt a self-enforced curfew. This has meant that, as a precautionary measure, they must be home before or by 6 pm. They also avoid early morning meetings that would require them to be in town before 6 am.
In the period leading to and immediately after the elections, one particular commissioner’s security was enhanced on the request of Mr Chebukati.
The opposition has claimed commissioners seen as independent were living in fear after their security detail was withdrawn by the State.
“It is Mr Chebukati’s constitutional right to have security and it is not a privilege. I want to tell Jubilee administration that if anything happens to Mr Chebukati, it will be held responsible,” said Bungoma Senator and Nasa principal Moses Wetang’ula.
The police have since come out to deny reports of withdrawing security. Police spokesman George Kinoti said no changes had been made to Mr Chebukati’s security arrangements.
On Thursday, the European Union observer mission, in its interim statement, called on the government to provide full security to IEBC officials as the country heads to the October 17 repeat presidential election.

Mutunga affidavit reveals intrigues dogging Supreme Court,17.9.17

By WALTER MENYA
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Former Chief Justice Willy Mutunga. Dr Mutunga has sworn an affidavit in which he lays bare intrigues that dogged the top court during his tenure. PHOTO | JACOB OWITI | NATION MEDIA GROUPFormer Chief Justice Willy Mutunga. Dr Mutunga has sworn an affidavit in which he lays bare intrigues that dogged the top court during his tenure. PHOTO | JACOB OWITI | NATION MEDIA GROUP 

 Summary

  • The former CJ, in an affidavit sworn on August 7, details how two of the judges — Lady Justice Njoki Ndung’u and Justice Jackton Ojwang’, at one time went on strike and crippled the court’s operations for close to two weeks.
  • Dr Mutunga’s affidavit is in relation to the consolidated petitions 204 and 218 of 2016 by former Law Society of Kenya (LSK) CEO Apollo Mboya and Supreme Court judge, Justice Ndung’u respectively.
  • The strike, according to an annexed memo of April 6, 2016 by the Supreme Court Registrar, affected eight matters that had been listed for the period, including an appeal by former Nyando MP Fred Outa against the nullification of his election.
Former Chief Justice Willy Mutunga has laid bare the intrigues and infighting which characterised his seven judge bench, almost paralysing the operations of the Supreme Court.
The former CJ, in an affidavit sworn on August 7, details how two of the judges — Lady Justice Njoki Ndung’u and Justice Jackton Ojwang’, at one time went on strike and crippled the court’s operations for close to two weeks.
Dr Mutunga also disowns assertions by the two judges that the decision by the Supreme Court judges to go on strike in 2015 was a collective one.
Furthermore, Dr Mutunga accuses Justice Ndung’u of falsifying the minutes of an October 6, 2015 meeting of then Supreme Court judges.
According to Dr Mutunga, “The said letter (notifying the withdrawal of services by a section of Supreme Court judges) was not authorised by a collective decision of the Supreme Court judges, and ought to be treated as the sole work of the three signatories to the said letter.”
JUDICIAL OPERATIONS
Besides Justice Ojwang’ and Justice Ndung’u, the letter to initiate “a moratorium on all judicial operations” was also signed by Justice Mohammed Ibrahim but who later pulled out of actualising the strike.
Dr Mutunga’s affidavit is in relation to the consolidated petitions 204 and 218 of 2016 by former Law Society of Kenya (LSK) CEO Apollo Mboya and Supreme Court judge, Justice Ndung’u respectively.
Mr Mboya had filed the petition to challenge the Judicial Service Commission’s (JSC) decision to admonish rather than recommend to the president for the formation of a tribunal to investigate the conduct of Justices Jackton Ojwang’ and Ndung’u for participating in an illegal strike and thereby paralysing the Supreme Court’s operations.
The strike was to protest the decision of JSC to retire then Deputy Chief Justice Kalpana Rawal and Justice Philip Tunoi.
HEARING
On the other hand, Justice Ndung’u, in her petition, is contesting the JSC’s decision to admonish her, arguing she was not accorded a fair hearing.
The hearing for highlighting of submissions in the consolidated petition is set for September 20, which will be around the same time the Supreme Court will be publishing the detailed and reasoned judgment of the court for nullifying the August 8 presidential election and the dissents thereof.
Since the Supreme Court nullified the re-election of President Uhuru Kenyatta on September 1, there has been a sustained onslaught on the apex judges and the judiciary in general with the president derogatively calling the current judges “crooks”.
The President’s party has also heightened the attack on individual judges, including the filing of a petition by Nyeri Town MP Ngunjiri Wambugu seeking to remove current Chief Justice David Maraga.
STRIKE
In the National Assembly, Jubilee MPs have also ramped up the rhetoric, with proposals for changes to the law to limit the powers of the judiciary to annul presidential elections.
According to Dr Mutunga, JSC convened as soon as it received the strike notification by the judges to discuss the contents of the letter and respond to the signatories that the commission stood with its decision of September 4, 2015 that the retirement age of judges is 70.
“Despite receiving the response of the JSC, I am aware that two of the three judges who signed the aforesaid letter (namely Judge Ojwang’ and Judge Njoki) acted upon their threat to down tools thereafter, and as a consequence, the Supreme Court did not proceed with its regular sitting for about two weeks from September 29, 2015 to October 15, 2015,” Dr Mutunga avers.
The strike, according to an annexed memo of April 6, 2016 by the Supreme Court Registrar, affected eight matters that had been listed for the period, including an appeal by former Nyando MP Fred Outa against the nullification of his election.
According to Dr Mutunga, “Justice Ibrahim availed himself for possible sittings of the Supreme Court but Judge Ojwang’ and Njoki did not, hence causing various matters to be taken out.”
INACCURATE NOTES
The former CJ also claims that notes by Justice Ndung’u of a meeting held on October 6, 2015 were found to be inaccurate. Dr Mutunga states that while the Deputy Registrar was in attendance for the formal part of the meeting and duly recorded the minutes, Judge Ndung’u stepped in to take notes for the latter portion of the meeting.
“I recall very clearly that the notes taken by Judge Njoki for the latter portion of the said meeting were challenged in a subsequent meeting of the Supreme Court judges and rejected on the ground of inaccuracy and failure to reflect the true position of the discussions we had held,” the former CJ states.
Thus, the minutes by Justice Ndung’u were discarded.   
As a result of the incident, Dr Mutunga states it was resolved that confidential minutes should also be taken by the Deputy Registrar “to avoid recurrence of inaccurate recording by a judge in future.”
In the said inaccurate minutes, the former CJ points out suspicious recordings by Judge Ndung’u.
QUESTIONABLE MINUTES
According to Dr Mutunga, the questionable minutes indicate the Deputy CJ was chairing the meeting yet the CJ, as the president of the Supreme Court, was present and participating. This according to Dr Mutunga was not the normal practice.
Another anomaly in the purported minutes, Dr Mutunga avers, makes reference to a subsequent meeting which was to take place on October 14, 2015 yet the signature page indicates that the minutes of October 6, 2015 meeting were approved much later on October 27, 2015.
He also points out that the October 6, 2015 minutes were not only inaccurate but also were never approved.
In the same affidavit, Dr Mutunga refutes alleged discussions on administrative matters during the conferencing of the judges.
DIFFERENCES
The conferencing of judges, he states, “was always about discussion of judicial matters that had been heard before us and were pending for judgment with the purpose of determining possible verdict on the said cases.”
The affidavit highlights the ideological and personal differences among the judges of the apex court during Dr Mutunga’s time as the Chief Justice, divisions which have persisted to date.
For instance, there have been claims that Mr Wambugu’s petition could have been drafted with the help of judiciary insiders, especially on matters regarding its organisation and inner workings, including budgets to some agencies within the judiciary.

Shake-up expected at electoral commission this week; 17.9.2017

By JUSTUS WANGA
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IEBC chairman Wafula Chebukati at a past function. Mr Chebukati has called IEBC retreat to end wrangles. PHOTO| FILE | NATION MEDIA GROUPIEBC chairman Wafula Chebukati at a past function. Mr Chebukati has called IEBC retreat to end wrangles. PHOTO| FILE | NATION MEDIA GROUP  

Summary

  • In the changes, Mr Chebukati will outline the roles of the Project Team and those of the Secretariat in the repeat presidential election to avoid clashing of tasks.
  • Mr Chebukati recently named Deputy CEO Marjan Hussein Marjan project coordinator with Dr Sidney Namulungu as part of the team.
  • Nasa has, however, insisted there will be no repeat election unless Mr Chiloba and his team are shown the door.
Independent Electoral and Boundaries Commission chairman Wafula Chebukati is this week expected to announce changes in the team that will manage the October 17 repeat election.
In the changes, Mr Chebukati will outline the roles of the Project Team and those of the Secretariat in the repeat presidential election to avoid clashing of tasks.
The changes will see members of the Project Team report to a steering committee comprising commissioners and headed by Mr Chebukati.
“Everyone is engrossed in realising tasks and making October 17 tenable. They (project team) were part of a three-day planning team involving county managers,” communications manager Andrew Limo told the Nation on Saturday.
Mr Chebukati recently named Deputy CEO Marjan Hussein Marjan project coordinator with Dr Sidney Namulungu as part of the team. Nancy Kariuki is to be in charge of logistics. The arrangement sees Bernard Misati Moseti heading training department as Albert Gogo assumes the helm of ICT, working directly under the chairman.
LEGAL SERVICES
The new arrangement would further see Silas Rotich become head of the national tallying centre as Salome Oyugi takes charge of legal services.
The latest move is said to be a product of a compromise brokered by commissioners in Naivasha last weekend to contain divisions within the commission ahead of the repeat poll.
A source familiar with election preparations told the Nation that Mr Chebukati will first meet President Kenyatta’s and Nasa presidential candidate Raila Odinga’s teams early in the week before making the announcement.
As this happens, an argument in favour of changing the election date from October 17 is fast gaining currency with impeccable sources from the commission intimating that Safran Morpho — the firm contracted to run the results transmission system — has requested more time to reconfigure and upgrade their systems.
But officially, IEBC insists the date remains unchanged.
PROJECT TEAM
“There has not been any deliberations on the need to change the gazetted date of October 17,” Mr Limo sought to clarify.
Jubilee and Nasa sharply differed on Mr Chebukati’s move to name the Project Team with President Kenyatta’s camp insisting that the man in charge of Secretariat, commission CEO Ezra Chiloba, must not be unfairly victimised for the flaws that characterised last month’s polls.
Nasa has, however, insisted there will be no repeat election unless Mr Chiloba and his team are shown the door.
Mr Chiloba, his other deputy Betty Nyabuto, Director of Voter Registration and Elections Operations Immaculate Kasait, her deputy Mwaura Kamwati, the manager of operations, and head of ICT James Muhati were all left out of the Project Team with Mr Chebukati saying he wanted a new team to oversee the elections.
PRESSURE
Mr Chebukati is, however, said to have given in to pressure from fellow commissioners and will now be handing Mr Chiloba and some high ranking figures at the Secretariat “administrative roles” in the October 17 poll.
Jubilee Party, in a September 7 letter signed by its Secretary- General Raphael Tuju, appeared to defend Mr Chiloba, warning Mr Chebukati that he lacked powers to appoint the Project Team.
“Section 38 of the Election Act merely donates statutory authority for the issuance of a notice and does not confer upon you any power, in your capacity as the national retuning officer, to establish a project team for the presidential election,” he wrote.
Mr Tuju further claimed that some members of the team have ties with Nasa. Mr Chebukati had invoked his powers as the national returning officer when he made the announcement.
IEBC never responded to the letter. The “rehabilitation” of the embattled CEO will only see Nasa dig in further with its ultimatums given it has said Mr Chiloba and his team must go for the elections to happen. Mr Tuju went ahead and gave another set of names they also want sacked from the commission.
RESTORE CONFIDENCE
“Our primary goal is a properly conducted election and we believe this will not happen with the Secretariat as it is,” ODM director of elections Junet Mohamed said. ODM is one of the Nasa affiliated parties.
To restore confidence in its ability to deliver a free and fair election, the commission is in the process of identifying an international reputable firm to conduct a forensic audit of the servers and identify areas where the system might have been tampered with.
Nasa alleges the servers were hacked and results changed in favour of Mr Kenyatta but the Jubilee team insists that President Kenyatta won fair and square and cannot wait to reaffirm this in a repeat poll.
So entrenched were the divisions within IEBC that during the Naivasha retreat, Dr Wale Akinyemi, a renowned motivational speaker, had to be called in to preach the need to work as a team.
At the retreat, some commissioners are said to have tried to convince Mr Chiloba to proceed on annual leave and return when the tempers have calmed but he insisted that he could not afford to be away when such a momentous assignment is coming up.
At the same time, it has emerged IEBC commissioners may have been misled by the secretariat after Mr Odinga challenged his loss to Mr Kenyatta at the Supreme Court.
COMMISSIONERS
Mr Chebukati and commissioners were made to believe that the commission had secured all the forms 34Bs that were signed by the 290 returning officers across the country, a notion that was later proved wrong during the hearing. “It is on this basis that Counsel Paul Muite was confident on the first day that they would readily provide the forms when called upon to do so. The commissioners were sure this was the case only for the Secretariat to shock the world with fake forms,” a highly placed source at the commission told the Nation.
It became one of the immediate triggers of the protracted feuding between the commissioners and the secretariat, later climaxing into a leaked memo by Mr Chebukati in which he demanded an explanation on what could have gone wrong with the presidential poll whose outcome was voided by the Supreme Court.
However, Senior Counsel Paul Muite clarified he did not offer to provide the original forms but was simply agreeing to prayers of the petitioner (Mr Odinga) to have them presented for scrutiny.
“I then proceeded to talk about forms 34A which came from polling stations assuming someone had an issue with the other. There is so much misinformation being bandied about out there about this case,” he said on Saturday.
The senior counsel insists that the court erred in setting aside Mr Kenyatta’s win since the only way to rule out claims of hacking or rigging would have been to scrutinise all the forms 34A from the polling stations which his client had provided in court.
“If the Supreme Court was interested in finding out what each of the candidates had got, why not scrutinise forms 34A because forms 34B were aggregated from them,” he said.
RETURNING OFFICERS
It has also turned out that some of the returning officers had made more than one entry into the server, creating a challenge in identifying which of the forms containing results they had uploaded were genuine.
“There was total chaos inside the servers. A returning officer would key in more than one result into the system. It was difficult to now pinpoint the exact real result,” a member of the core team at the IEBC told the Sunday Nation.
 “The commission should be blamed for this because during training, we failed to make emphasis on key areas like signing off the forms, filling them in well. Instead, when we were training the returning officers, we delved on irrelevant areas.”
On Wednesday, Mr Chiloba defended the commission’s handling of the nullified August 8 presidential election, saying it did its best and the “minor errors” should not have led to its cancellation.
He said the servers were not hacked but at the same time admitted that “some of the officials” the agency hired for the polls might have committed errors.
“From the information I have, and the expert opinion, I can confidently say that the IEBC system was not hacked. And that there was no attempt to hack it,” he said.
RESULTS TRANSMISSION
Another source admitted that the commission had not adequately prepared in terms of training returning officers on results transmission.
“The commissioners only came to learn that something is amiss when the Supreme Court orders on accessing the servers came. That is when we were confronted with some of these glaring discrepancies and the reality that not all the forms were available.”
Perhaps the latest demonstration that the commission could still be working at cross-purposes was last week when it turned out that the secretariat had summoned 47 election managers from each of the counties for training in Nairobi without properly briefing the commissioners.
An insider said Mr Chebukati only came to know of the training at Lilian Towers on Wednesday yet it had begun on Sunday.
Mr Chiloba, however, insists that the commissioners were duly informed.
“They were even invited to give their presentations. You also need to look at the published list of activities which is in the public domain,” he said.