Why is Safaricom and IEBC refusing to release this data?

Why is Safaricom and IEBC refusing to release this data?

Ab-Titchaz,
Thank you. Hadi hapa nimejiaminisha na kujiridhisha "beyond reasonable doubt" It wasn't fair and free election, period!!!


By Raila Going To Court, Kenya Wins


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Monday, March 11, 2013 - 00:00 -- BY NGUNJIRI WAMBUGU


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Last week I wrote about going to the polls, and urged Kenyans to realize that democracy means that more Kenyans might vote for someone else other than your preferred choice, and that this decision needed to be respected.

The results are out and Raila Odinga has gone to court to contest the presidential results. The results announced by IEBC showed Uhuru with an over 800,000-vote lead over Raila.

It also showed Uhuru with over 50% + 1 of total votes cast. ‘How then can Raila claim that he did not lose?' several Kenyans asked on social media and FM stations.

If I had not been with the Prime Minister every day of the election week I would have joined with those asking these questions and saying that he is a sore loser.

However I had been with him each day through-out the election week. I had watched when right from the initial IEBC announcements of provisional electronic results there was this weird steady gap between Uhuru Kenyatta and Raila Odinga's results that on a graph showed their results flowing parallel to each other; when Uhuru's dipped, Raila's would dip; when Raila's peaked, Uhuru's would peak; all with a steady close to 600,000 vote difference.

I had watched as this trend repeated itself even when IEBC started afresh with manual results. Like many Kenyans I want the IEBC to show how this is possible in a situation where they are receiving random result numbers, in random order, from random parts across the country.

Then there was the case of the rejected vote. During the electronic process these votes shot up to over 300,000 votes before we even got to 50% of total votes cast. When IEBC changed to manual results these rejected votes came down to an eighth of what had been shown in the earlier results.

IEBC then explained that the earlier numbers had been caused by an error in the system where rejected votes were being multiplied by 8. The question I want IEBC to answer is how software developed with only ‘addition' capabilities can get an error that leads to ‘multiplication' capacity; why an such error would affect only rejected votes and not maybe, valid votes; and what else such error could have multiplied.

I also watched keenly the relationship between the results IEBC officials would announce from the podium, and what was posted on the IEBC board.

On more than one occasion Uhuru Kenyatta's results were immediately added onto the board after the announcement, while those of Raila were not.

I started thinking that someone wanted to create the psychological perception in the minds of everyone watching the board, that Uhuru was winning.

When CORD complained about these omissions (an issue that even the IEBC CEO admitted publicly), it would be amended. However sometimes what was added would not even be all what was announced for him. By the end of the process CORD found it had ‘lost' close to 286,000 votes.

Then there was the tallying of manual results. The way the Election Act is structured electronic results are meant to be transmitted to the tallying centre from the polling station immediately tallying is done at the polling station, in the presence of all agents.

These results are then received by IEBC headquarters as provisional results until the presiding officers get there with the manual documents, where the later is used to confirm the former to enable IEBC issue finals results.

The electronic and manual results are therefore two independent steps of the tallying system meant to check, control and/or balance each other. One cannot replace the other.

IEBC however admitted they relied only on the manual set of results to declare finals results thereby evading the ‘cure' developed after the 2007 elections where manual results were allegedly ‘doctored' in transit.

IEBC then went a step further and ejected presidential agents from where they were tallying the manual results. This creates the space for CORD's claims that in just over 20 constituencies audited over 130,000 votes were added to their chief competitor that cannot be traced.

As I watched the Chairman of the IEBC announce that Uhuru Kenyatta had won the elections I felt a deep sense of loss and betrayal. After what I had witnessed I also felt a deep anger and quietly wondered what would have happened if we did not have a judiciary that Kenyans have come to trust. I also admired Raila Odinga and Kalonzo Musyoka's strength as they watched the events unfolding.

I applaud CORD for taking the longer option to contest these results in court where they can ask IEBC these and many other questions. Kenya is better off that this option is viable.


Unlike in 2007, Kenyans will also now know what happened during the tallying of the 2013 presidential elections and whatever the outcome, the integrity of the electoral process will be enhanced.

Kenya will win.


The writer is the director of political affairs at the Raila Odinga presidential cam- paign secretariat.

By Raila Going To Court, Kenya Wins | The Star
 
Wakuu allow me if I may add another twist (read conspiracy theory) to the ongoing saga.

Everybody remembers PEV of the year 2007. One of the outcomes of that incident, was the indictments in the ICC. I am not forgetting the IDP's mind you, just that they are not part of this theory.

One of the main reasons Kenyans overwhelmingly chanted "Don't be vague go to Hague" was the lack of trust of the judicial system in Kenya at the time. Today the judiciary we are told is reformed, remember at one time there was a failed attempt to bring back the ICC cases to Kenya.

Also remember the talk of Raila and Kibaki facing charges after the current presidential term is over? The story goes that the ICC prosecutor being aware of the presidential immunity granted to the Kenyan president under the old constitution, was cautious about indicting Raila and not Kibaki because of the repercussions.

The new constitution is in place now and the only immunity accorded to the president is from local prosecution only, not from international prosecution. This means whoever is in power can be indicted! Kibaki and Raila are also fair game as far as indictments are concerned.

So then, what if the whole election was carefully orchestrated to have Raila lose to Uhuru, have Raila challenge the results in the supreme court, accept the ruling of the supreme court thus cementing the image that we have a reformed judiciary capable of justly and fairly presiding on cases and that the Kenyan citizenry have confidence in the judiciary.

This alone would get the ball rolling on either bringing the cases back to Kenya, or arguing against either Raila or Kibaki from being indicted by ICC under the pretext that the cases can be heard in Kenya by a competent judiciary.
What if Raila, Kibaki and Uhuru are in cahoots and the Citizens are the fools.

Tafakari.
 
Kwa stage ilipofika Raila na CORD yake wanachotafuta ni viwili tu hapa.
1.Kupoteza fwedha
2.Civil war
The moment, hiyo court itapotengua urais wa Kenyatta. 90% ya kipengele namba mbili kitatokea, wakati by design kipengele namba moja ndo kinabeba uzito zaidi.
Raila kama angekuwa mwema kwa stage hii, he would have thrown up his hands and give it up. Kama Al Go
 
Kwa stage ilipofika Raila na CORD yake wanachotafuta ni viwili tu hapa.
1.Kupoteza fwedha
2.Civil war
The moment, hiyo court itapotengua urais wa Kenyatta. 90% ya kipengele namba mbili kitatokea, wakati by design kipengele namba moja ndo kinabeba uzito zaidi.
Raila kama angekuwa mwema kwa stage hii, he would have thrown up his hands and give it up. Kama Al Go
If u cant stand the heat get out of the kitchen. Haki haiombwi ndugu. kwamba utegemee CCM ipo siku watashiba madaraka waseme sasa tuwaachie wengine? Hali kadhalika, Kenya kuna upuuzi mwingi sana wa Kikuyu Ethnic. Nafasi teule zote nyeti wamekaa wenyewe, Mkuu wa majeshi, usalama wa taifa,Mkuu wa utumishi wa umma,makamishna wa majimbo 45 kati ya 47 ni wao,makatibu wakuu wa wizara almost zote nyeti wao. Hivyo kwa mtu mpiganaji hawezi kubali upuuzi huu.
Wacha Supreme court ifanye sehemu yake. Ndo gharama ya demokrasia.
 
Like i said before this is a case that they want to try in the courts of public opinion, what is being brought here as scoop is what they should be taking to court mkawashabikie huko. As it is the courts cannot give the presidency to rao, at best it can only order a fresh election and the voters will still reject him.
 
Like i said before this is a case that they want to try in the courts of public opinion, what is being brought here as scoop is what they should be taking to court mkawashabikie huko. As it is the courts cannot give the presidency to rao, at best it can only order a fresh election and the voters will still reject him.

Dhuks hakuna kurudia uchaguzi hapo. ng'ombe kesha liwa na Jubilee
 
maoni ya mhariri wa Nation la leo 13/03/13
I have seen a letter showing how, hardly 10 days before the General Election, the Safaricom CEO, Mr Bob Collymore, threatened to pull out of the deal with the IEBC, listing issues, which, he said, "could seriously compromise IEBC's ability to execute credible elections", and citing casualness on the part of top IEBC officials.
Clearly, Collymore knew what he was talking about.
 
Mkuu Dhuks tatizo si Raila kushinda au kushindwa tatizo hapa ni haki itendeke na ionekane imetendeka bila kujali nani ataibuka kidedea.Upo mkuu naamini mahakama ikiidhinisha IEBC na Safaricom watoe docs zote lazima uchaguzi utarudiwa na pengine katika njia iliyobora zaidi.

Since Mutunga went to bed with Clinton i dont trust him, just in case we go back to the ballot, Rao will still come out as the loser.
 
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Mkuu Dhuks tatizo si Raila kushinda au kushindwa tatizo hapa ni haki itendeke na ionekane imetendeka bila kujali nani ataibuka kidedea.Upo mkuu naamini mahakama ikiidhinisha IEBC na Safaricom watoe docs zote lazima uchaguzi utarudiwa na pengine katika njia iliyobora zaidi.

Wasted man hours and resources on an egoist agenda.
 
FROM THE COURTS:
1.Safaricom objects to the CORD case seeking private and previleged information, citing that its against the Communication Acts and the constitution. CORD lawyer agrees to the objection and Judge Lenaola strikes out Safaricom from the suit.

2. Court directs all parties to first have an informal agreement out of the court with IEBC on the practicality of delivering the information cord is asking for . Cord is demanding more than half a million papers which both the IEBC, and IT experts agree would take more then 5 days to print/photocopy with high speed copiers/printers which are not in Kenya and will have to wait for procurement procedures which may take another week!

3. Both parties agree that Form 34,34,and 36 are material with party agents and its duplication of work to ask for them again.


Court to resume at 11:30AM
 
Mkuu Dhuks tatizo si Raila kushinda au kushindwa tatizo hapa ni haki itendeke na ionekane imetendeka bila kujali nani ataibuka kidedea.Upo mkuu naamini mahakama ikiidhinisha IEBC na Safaricom watoe docs zote lazima uchaguzi utarudiwa na pengine katika njia iliyobora zaidi.



IEBC, Cord ordered to agree on documents


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The head of Cord presidential candidate Raila Odinga's secretariat Eliud Owalo addresses the press at Milimani Courts in Nairobi March 12, 2013 after filing a case to compel Safaricom and IEBC to provide them with information to aid its election petition. The court has ordered IEBC and Cord to agree on modalities of accessing the documents. BILLY MUTAI

By NATION Reporter
Posted Wednesday, March 13 2013 at 08:57


The High Court has ordered the electoral commission lawyers to discuss ways of providing documents demanded by the Coalition for Reforms and Democracy(CORD).

Justice Isaac Lenaola directed IEBC and Cord lawyers to appear in court at 11.30 am after reaching agreement.

Cord is represented by Jotham Arua, Peter Kaluma, Anyang' Nyong'o, Eliud Owalo, Janet Ongera and Ababu Namwamba.

IEBC lawyers are Kamau Karuri and Nani Mungai.

Cord has also withdrawn a demand that Safaricom release a printout of all messages sent through the hand-held transmission devices; contracts signed with IEBC in connection with the General Election and information transmitted to the IEBC server on March 4 and 5,

The lawyers told court that Safaricom has agreed to release the information.

On Tuesday, the court certified as urgent an application by Cord seeking to compel the electoral commission and Safaricom to release information it needs to file a case challenging Mr Uhuru Kenyatta's victory.

Mr Justice Isaac Lenaola directed Cord to serve the IEBC and Safaricom for an inter-parties hearing at 8.45am Wednesday.

The coalition had told the High Court that the Independent Electoral and Boundaries Commission (IEBC) was frustrating efforts to acquire information to back a case it planned to file at the Supreme Court.

The suit was filed by Mr Eliud Owalo, head of Cord presidential candidate Raila Odinga's secretariat.

Mr Owalo said the IEBC and Safaricom had refused to release vital information to the case. He submitted that after the IEBC electronic tallying system collapsed, he became convinced that the outcome of the election was manipulated.

"I wrote to the IEBC on March 8 requesting information and data. I sent a similar letter to Safaricom whose services were used by IEBC to relay information from polling stations but they all refused to respond," said Mr Owalo.

He wants a court order directing the IEBC to immediately release all forms 34, 35 and 36 from all polling stations and constituencies in relation to the presidential election and all the results that were declared electronically at the Bomas tallying centre.

"The urgency in the matter is that we have only seven days to file a case at the Supreme Court and if the documents are not made available, our right to justice will be infringed on," said Mr Owalo.

IEBC, Cord ordered to agree on documents - Politics - nation.co.ke
 
IEBC, Cord ordered to agree on documents



owalos.jpg
The head of Cord presidential candidate Raila Odinga’s secretariat Eliud Owalo addresses the press at Milimani Courts in Nairobi March 12, 2013 after filing a case to compel Safaricom and IEBC to provide them with information to aid its election petition. The court has ordered IEBC and Cord to agree on modalities of accessing the documents. BILLY MUTAI
By NATION Reporter
Posted Wednesday, March 13 2013 at 08:57

The High Court has ordered the electoral commission lawyers to discuss ways of providing documents demanded by the Coalition for Reforms and Democracy (Cord).

Justice Isaac Lenaola directed IEBC and Cord lawyers to appear in court at 11.30 am after reaching agreement.

Cord is represented by Jotham Arua, Peter Kaluma, Anyang' Nyong'o, Eliud Owalo, Janet Ongera and Ababu Namwamba.

IEBC lawyers are Kamau Karuri and Nani Mungai.

Cord has also withdrawn a demand that Safaricom release a printout of all messages sent through the hand-held transmission devices; contracts signed with IEBC in connection with the General Election and information transmitted to the IEBC server on March 4 and 5,

The lawyers told court that Safaricom has agreed to release the information.

On Tuesday, the court certified as urgent an application by Cord seeking to compel the electoral commission and Safaricom to release information it needs to file a case challenging Mr Uhuru Kenyatta’s victory.

Mr Justice Isaac Lenaola directed Cord to serve the IEBC and Safaricom for an inter-parties hearing at 8.45am Wednesday.

The coalition had told the High Court that the Independent Electoral and Boundaries Commission (IEBC) was frustrating efforts to acquire information to back a case it planned to file at the Supreme Court.

The suit was filed by Mr Eliud Owalo, head of Cord presidential candidate Raila Odinga’s secretariat.

Mr Owalo said the IEBC and Safaricom had refused to release vital information to the case. He submitted that after the IEBC electronic tallying system collapsed, he became convinced that the outcome of the election was manipulated.

“I wrote to the IEBC on March 8 requesting information and data. I sent a similar letter to Safaricom whose services were used by IEBC to relay information from polling stations but they all refused to respond,” said Mr Owalo.

He wants a court order directing the IEBC to immediately release all forms 34, 35 and 36 from all polling stations and constituencies in relation to the presidential election and all the results that were declared electronically at the Bomas tallying centre.

"The urgency in the matter is that we have only seven days to file a case at the Supreme Court and if the documents are not made available, our right to justice will be infringed on,” said Mr Owalo.

Source: Nation Newspaper


 
Kitaeleweka tu....the drama is far from over!!!
 
 
It saddens me how some greedy African rulers wants power, it eve suddens me how some people ni wagumu kuelewa.
baba Mungu naomba utupe macho, na ufungua ufahamu wetu pia. You only live once, (unless you are Bond). No one will ever fight for your right, stand up on your feet, and go get it.
 
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