Jicho Pevu: Shocking new revelations about 2013 election intrigues

Jicho Pevu: Shocking new revelations about 2013 election intrigues

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Shocking new revelations about 2013 election intrigues

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By NATION REPORTER

[h=3]In Summary[/h]
  • The phone conversations with another man thought to be a sympathiser of Raila Odinga’s Cord range from doubts about the voter register to admitting the alleged manipulation of electronic systems
  • The recording is said to be part of a dossier on the election commissioned by Cord, the preparation of which the Sunday Nation reported on March 23.

A man thought to be a top official in charge of last year’s bitterly contested presidential elections was caught on tape questioning the credibility of the process a day before the results were announced, the Sunday Nation can reveal.

The purported senior official of the Independent Electoral and Boundaries Commission (IEBC) is said to have been secretly recorded on the eve of the eagerly awaited announcement of the presidential election results last year casually discussing the intrigues surrounding the polls.

The phone conversations with another man thought to be a sympathiser of Raila Odinga’s Cord range from doubts about the voter register to admitting the alleged manipulation of electronic systems.

The Sunday Nation contacted multiple sources who confirmed that a top IEBC official had been recorded discussing the election last year.

“What I can say is there are so many things that went wrong in this election,” the official is recorded as saying.

Jubilee presidential candidate Uhuru Kenyatta was declared the outright winner on March 9 last year with his Cord opponent Mr Odinga coming second in a field of eight candidates. Cord unsuccessfully challenged the results in the Supreme Court.

The recording is said to be part of a dossier on the election commissioned by Cord, the preparation of which the Sunday Nation reported on March 23. The latest revelations come as the IEBC announced on Friday that it had published on its website a comprehensive report and analysis based on data from last year’s elections. The data covers the number of registered voters, turnout and the votes obtained by various candidates. (READ: Cord’s ‘explosive’ poll dossier to be released)

But it is the recording of the top insider questioning the integrity of the March 4 election results that could trigger further debate. In one instance, the man claims the commission was infiltrated before the elections and may not have been in full control of its electronic systems.

“So their strategy began at a very early stage. The other thing is that they also infiltrated this system we were using of electronic transmission,” the official is heard saying. We could not establish who he was referring to as “their” and “they”.

The official claims to have identified one of the alleged moles, who was recruited about four months before the election from a state agency with the help of powerful individuals. He further notes there may have been more such “infiltrators” whose brief was to manipulate electronic data.

The man claims to have raised the issue of the integrity of the data with the International Foundation for Electoral Systems, who were assisting IEBC to set up the system, but he was assured all was well.

“I knew they might infiltrate the system, so I was doing everything I could to prevent that. The only thing I didn’t know is that they could bring their own people from outside to do it, just like you would employ a cook at your home only for him to turn out to be a real enemy,” he says.

March 4, 2013 marked a watershed in Kenya’s history as it was the first time a General Election was being held under the 2010 Constitution, which included the new devolved system.

That meant there was voting for six positions — President, Governor, Senator, Member of Parliament, Women Representative and Member of the County Assembly. The new requirement that a winning presidential candidate had to get 50 per cent plus one vote of the total votes cast created the possibility of a run-off between the top two candidates if no one attained the mark.

The IEBC was also introducing a biometric voter registration and identification system on a large scale for the first time. This was on the back of a successful referendum in August 2010 and various by-elections whose results were transmitted in real time.

But on D-Day the electronic voter identification devices largely failed, and officials resorted to the manual system. This was later blamed on a number of challenges, including late procurement, lack of training and loss of battery power.

But more bad news was to follow after the results transmission system at the Bomas of Kenya in Nairobi that was meant to show outcomes from various constituencies failed to function fully, and its use was subsequently suspended. The supposed IEBC official caught on tape doubts the authenticity of the results initially transmitted to Bomas, saying their pattern was too “regular” to be true while the high turnout in some areas could not be explained.

“The only thing I don’t know and can’t understand is how the results can be so constant. In an election where the results are coming in randomly, you expect that one person would be leading and maybe the other catches up and they are overtaken again and so forth, isn’t it? It cannot be that everything is so constant especially in a closely fought election,” he says.

While the results of other positions were largely undisputed, the wait for the final presidential vote tally was eventful. Rumours swirled that some IEBC officials had been kidnapped or bribed, while political parties protested the removal of their agents from Bomas of Kenya.

While the IEBC justified its action at the time citing interference from the agents, the views of the man thought to be one of its senior official secretly recorded on March 8 — a day before Mr Kenyatta was announced winner — tells a different story.

“How can you kick out someone who is simply observing what you are doing and not interfering with your work? You cannot do that unless you can demonstrate that the person is interfering with the process, and that was not the case,” he is recorded as saying.

Even though Cord was dissatisfied with the results, with its presidential candidate Mr Odinga giving the impassioned “democracy on trial” speech, there was no recurrence of the 2007 violence.

Instead, Mr Odinga went to the Supreme Court to challenge the Jubilee victory. Africog, a non-governmental organisation, had also filed a similar petition, while Jubilee activists Denis Itumbi and Moses Kuria wanted an interpretation of the meaning of spoilt votes — whose high number was a source of controversy.

But in an ironic turn of events, the recording of the conversation indicates the official was willing to advise Cord on the best strategy to win the election petition. He says the many questions about the election, the new Constitution and “given that the outcome is not clear cut” could persuade the Supreme Court to order a rerun of the top two candidates — Mr Kenyatta and Mr Odinga.

“Go for it,” the man urges.

CREDIBILITY OF RESULTS

When questioned by the supposed Cord supporter on why the IEBC wanted to declare a winner yet there were doubts on the credibility of the results, the insider simply repeats that “many things went wrong”.

Cord’s petition was dismissed on March 30, paving the way for the swearing-in of Mr Kenyatta and his deputy William Ruto. But the opposition felt aggrieved after its 900-page affidavit was thrown out on a technicality. IEBC and its chairman Issack Hassan, who were listed as defendants in the petition, also successfully cleared their names in court.

But according to the recorded conversation, there was an unsuccessful attempt to convince the supposed IEBC official to swear an affidavit to support Cord’s case and repeat the claims he was making.

“This information is so juicy, it would have been great if you could just swear for us an affidavit. That would be really nice,” the Cord supporter tells the IEBC man, spicing it with an offer of safe passage and relocation to another country.

After flatly refusing the offer to swear an affidavit, he advises there may be the possibility of summoning one of his senior colleagues to testify in court.

“By the way the courts can compel someone to testify. You can argue that so and so is the one who knows about this matter,” he says.

He also says Cord should focus on specific issues during the petition: “Just reduce it to something manageable, don’t raise too many issues.”

The man goes on to reveal more damaging allegations against the commission that touch on some key points Cord lawyers raised at the Supreme Court. The official is recorded admitting IEBC quietly reduced the number of polling stations from the official 33,400 to “32,000 and something” without announcing it. He also questions the credibility of the register used at the polls.

“The register we used is not the one we published, which is why in some cases you (Cord) have different numbers from what we have,” he claims. This raises the question of which register was used during vote counting and tallying.

On Saturday, IEBC Communications Manager Tabitha Mutemi told the Sunday Nation the commission could not comment on the matter without listening to the recording. Cord has in the past called for the disbandment of the elections body. But in an interview last month, the IEBC chairman insisted the process was free and fair.

Shocking new revelations about 2013 election intrigues - Politics - nation.co.ke
 
IEBC under fire as James Oswago responds to ‘Jicho Pevu' tape

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Suspended ( IEBC) Chief Executive Officer James Oswago. [PHOTO: STANDARD/FILE]

By GEOFFREY MOSOKU and FAITH RONOH

NAIROBI, KENYA: A bitter row has erupted between CORD and Jubilee over a tape recording of a conversation believed to involve a senior electoral official alleging that last year's presidential election was flawed.


And suspended Independent Electoral and Boundaries Commission ( IEBC) Chief Executive Officer James Oswago Monday denied knowledge of a conspiracy to fix the March 4, 2013 presidential vote.

"I believe with all my heart that there was no conspiracy at whatever level within the commission to confer or deny advantage to any presidential candidate. If there was such conspiracy, I was not aware and never became part of it," Mr Oswago said in a statement sent to newsrooms Monday, following the airing of the recording in a KTN investigative exposé into the validity of the polls.

Oswago denied claims that the credibility of the IEBC was in question saying the election commission was not without fault.

The IEBC, he added, has admitted that the Electronic Result Transmission and Electronic Voter Identification systems underperformed vis-a-vis expectations but the commission however, did not compromise the results.

Oswago said he believed the recording was a conspiracy to harm or injure him or his career, and restated that from his point of view and full conviction, IEBC did a commendable job given the circumstances, in discharging its mandate in good faith.

Jubilee and CORD MPs however, have clashed over claims that the election was flawed and CORD has demanded for the disbandment of IEBC. CORD has backed the contents of the KTN exposé while Jubilee vehemently denies the piece, which implies that the outcome of the polls was compromised.

FAIR ELECTIONS

"It is no secret that IEBC did not conduct fair national elections. They allowed themselves to be used to rig elections in 2013. They must not allow themselves to be used again as conduits for personal gain," said Kisumu Senator Anyang' Nyong'o (ODM).

Suna East MP Junet Mohamed (ODM) said that it was very clear that the "elections were marred with irregularities and malpractice" and accused IEBC of failing to meet the requirements of the Constitution in conducting a free, transparent and fair election.

" IEBC must be disbanded and the commissioners must now go. They have lost the moral ground to conduct any future elections," the ODM MP said, adding that his sentiments are shared by the opposition leaders.
Standard Digital News - Kenya : IEBC under fire as James Oswago responds to ?Jicho Pevu? tape
 
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Cord, IEBC locked in row over secret 2013 election tape



By LUCAS BARASA

[h=3]In Summary[/h]
  • Cord leader Moses Wetangula and ODM acting party leader Anyang' Nyong'o said the allegations against IEBC were not new but were only coming to light now
  • IEBC chairman Isaack Hassan defended the commission from wrongdoing.

Cord on Sunday demanded the disbandment of the Independent Electoral and Boundaries Commission (IEBC) over allegations that last year's General Election was rigged.

However, the IEBC disowned the alleged recording of one of its top officials, who according to the tape, had raised doubts about the credibility of the election just a day before the results were announced.

IEBC declared Mr Uhuru Kenyatta and his running mate, Mr William Ruto, winners of the March 4, General Election, an outcome that Cord leader Raila Odinga challenged in court but lost.

On Sunday, the commission described the tape as hearsay and said it was not worth responding to.

"This is not the first wild allegation about elections. Even on the very election date, rumors were doing the rounds that the IEBC CEO James Oswago had been kidnapped," said Ms Tabitha Mutemi, the commission's communication and corporate affairs manager in an e-mail to the Nation.

Cord leader Moses Wetangula and ODM acting party leader Anyang' Nyong'o said the allegations against IEBC were not new but were only coming to light now.

According to the two, Mr Kenyatta did not get the 50 per cent plus one of all the votes cast to be declared the winner in the first round.

"There were massive malpractices. The elections were not credible and it was not possible to declare anybody a winner," Mr Wetangula, the leader of the Minority in the Senate and also the Ford-K party leader.

Prof Nyong'o took cue, saying that Cord accepted but did not agree with the ruling of the Supreme Court which unanimously upheld Mr Kenyatta's election.

According to him, Cord accepted the ruling for the sake of peace and national unity.

He accused IEBC of bungling the election.

"IEBC is a criminal organisation which should be disbanded and a new one constituted," he said.

The Kisumu Senator alleged irregularities in places like Mathare and Kisii where, he claimed, ballot boxes disappeared.

He said Kenyans wanted to know the truth about last year's elections and that it could not be business as usual for Kenyans right to elect people to govern them to be abused.

"Kenyans should remain vigilant about this. They should not just forget and move on as you cannot move away from the truth," Prof Nyong'o said.

SECRET RECORDING

This was in response to reports about the secret recording of a man thought to be a senior official of the IEBC questioning the credibility of last year's poll. (READ: Shocking new revelations of 2013 election intrigues)

The conversation was allegedly recorded a day before the announcement of the results.

In the tape, the official claimed that the integrity of the electronic system could not be guaranteed and that the IEBC used a different voters' register from the one it had published.

The man also claimed that commission's decision to reduce the number of voting centres by about 1,000. He alleges in the recording that the IEBC had unknowingly hired ‘moles' in its IT department and this could have led it to be infiltrated.

But IEBC chairman Isaack Hassan defended the commission from wrongdoing.

"How can one believe such a recording and then use it to bring to disrepute the integrity of the commission? We are not happy about it," he said in a telephone interview with the Daily Nation.

The commission's acting chief executive officer Betty Nyabuto also expressed surprise over the recording and dismissed claims it was from a senior official of the IEBC.

"This cannot have happened. It was a surprise to us all. I think people should do more research before making conclusions," she said.

Mr Wetangula said the most credible thing IEBC should have done after the March 4 polls was to call for a re-run due to the irregularities as there was already a budget for it and that Kenyans were ready for a second round of voting in the presidential election. According to IEBC, Mr Kenyatta garnered 6.1 million votes against Mr Odinga's 5.3 million.

"Instead of calling for a re-run, they manufactured imaginary numbers, panel beat and smoothed them before announcing false results," he said. "Even the margin of error shows the re-run was the most credible conclusion."

He said Cord opted to go to court hoping for a review of the results, provided evidence that showed IEBC numbers did not add up, "but the court rejected our evidence."

He questioned why IEBC had taken more than a year to release the official results of the elections.

"IEBC has been in agony to get Kenyans to accept the official figures. Cord is ready to stand and swear by the Bible that President Kenyatta did not get 50 (per cent) plus one votes to be declared winner and a re-run would have been favourable to us," Mr Wetangula said.

Cord, IEBC locked in row over secret 2013 election tape - Politics - nation.co.ke
 
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