Supreme Court Names 4 IEBC Officials Responsible for Messed-Up August Elections

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IEBC CEO Ezra Chiloba (right) and Chairoman Wafula Chebukati photo COURTESY

The full Supreme Court ruling delivered today has adversely mentioned a number of top IEBC officials as being responsible for the irregularities and illegalities that led to the nullification of the August 8th Presidential election.

While delivering the ruling, Deputy Chief Justice Philomena Mwilu stated: “The IEBC system was compromised and contaminated or IEBC officials themselves compromised and bungled the election.”

Independent Electoral and Boundaries Commission (IEBC) Chairperson Wafula Chebukati, CEO Ezra Chiloba, ICT Director James Muhati and Director of Voter registration and election operations Immaculate Kassait have all been mentioned as having played a part in bungling the election.

Wafula Chebukati, as the Returning Officer for the Presidential Election, was mentioned as having failed to ensure the results were transmitted in the prescribed form as per the Constitution.

The Court had earlier noted that the winner of the Presidential election was declared by the commission with 11,883 Forms 34A still unaccounted for.

Chief Executive Ezra Chiloba was mentioned in connection with the mishandling of the Kenya Integrated Election Management System. This is after it emerged that the electoral body had failed to supply the National Super Alliance (NASA) with the necessary result forms up to 10 days after the election.

A complementary system was also not in place despite assurances from the commission two days to the election that they were well prepared for any eventualities that may arise with the Results Transmission System.

ICT Director James Muhati was found not to have complied with a court order that compelled the electoral body to grant read-only access to its servers for scrutiny by the petitioner and court-appointed IT experts.

The court found that the IEBC acted in contempt of court by denying them access to its servers.

“Our order of scrutiny was a golden opportunity for IEBC to discredit the petitioner’s claims but they disobeyed the court order,” Justice Mwilu stated.

Immaculate Kassait, on the other hand, was found to have misled the court after she stated in a sworn affidavit that all statutory forms had security features. Evidence produced in the course of the trial proved otherwise.

Inevitably, there will be calls for the officers to vacate their positions ahead of the fresh polls.

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IEBC CEO Ezra Chiloba (right) and President Uhuru Kenyatta’s personal assistant Jomo Gecaga. PHOTO | COURTESY photo COURTESY
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REVEALED: IEBC Officials May Still Be Investigated and Prosecuted Over Bungled Elections By Office Of Director Of Public Prosecution

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The Swiss Ambassador to Kenya, Dr Ralf Heckner, calling on the Director of Public Prosecutions (DPP) Keriako Tobiko.

By JV Owiti via FB
ANY OF THE IEBC OFFICIALS MAY STILL BE INVESTIGATED AND PROSECUTED FOR THE 2017 PRESIDENTIAL ELECTION-RELATED ACTS AND OR OMISSIONS

While the SCOK may have absolved individual commissioners from criminal culpability, nothing stops the ODPP and the DCI from investigating the officers and prosecuting those found criminally culpable. The SCOK pronouncement does not act as a bar to criminal investigation and or prosecution.

The SCOK sat as an election court in which the standard of proof as held in Raila 2013 (and confirmed by Raila 2017) is below the “beyond reasonable doubt” which is the test for criminal liability.

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BREAKING SAD: Jubilee’s Hon Joel Onyancha Is DEAD, Passed on At Agha Khan Hospital

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Jubilee’s Hon. Joel Onyancha died in suspicious circumstances. There are reports he might have been poisoned after failing to deliver kisii land.

Jubilee’s Hon Joel Onyancha (Bomachoge Borabu) Is DEAD, in suspicious circumstances after he failed to deliver  Bomachoge for Uhuru Kenyatta in August 8th, 2017 election surrounded by fraudulent activities.

Hon. Onyancha passed on At Agha Khan Hospital where he was rushed to after a short illness. Hon Onyancha served as MP for Bomachoge for two terms and lost in the August polls to Prof Zadock Ogutu, an Independent candidate. The passing of Hon Onyancha is a set back to Uhuru campaign in the region as he was a critical member organizing for the president. On September 2, 2017, he insisted on his facebook post that his election was stolen in order to thwart any blame from the jubilee coalition after the organized scheme went awol. (see below).

His death is not very different to other leaders who died in suspicious circumstances such as Late Gerald Otieno Kajwang, Late CS Major-General Joseph Kasaine Ole Nkaissery, George Thuo, Late Senator Mutula Kilonzo, Fidel Odinga and others.

”I pass our heartfelt condolences to the family, relatives, friends and people of Bomachoge Borabu constituency for the sudden demise of the immediate former MP Hon Joel Omagwa Onyancha. He passed on this evening at Nairobi after a short illness.May God provide comfort to the family during this difficult time.” – Hon Nyangema Job Omanga.

More to follow

Read more >>>“PEOPLE ARE EATEN BY THE VERY HYENAS THEY HIDE AND PROTECT”- HON WAMWERE TELLS MT KENYA YOUTH

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Zadock Ogutu (Independent) who defeated Bomachoge Boabu MP Joel Onyancha (Jubilee).
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Caroline Mutoko Asks President Uhuru Kenyatta to Resign …

IMG_1462.JPGVulnerable leader and Media personality Caroline Mutoko has called on President Uhuru Kenyatta to step down for NASA Leader and Presidential candidate Raila Odinga so that the country would move on from the elections stalemate.

She referred the NASA candidate as a bright leader who was enjoying president Uhuru Kenyatta get worked up.

“He is enjoying being the monkey on your back…you got to get him off.

“If this does not matter to you, spare us the drama and pain. Let him have it!” remarked Mutoko.

The opposition leader has been saying that he will not participate in the elections unless the Independent Electoral and Boundaries Commission (IEBC) makes changes to its team.

Kenyatta, on the other hand, has constantly stated that Odinga is not ready for elections and is frustrating the process for selfish needs.

There is fear that the October 17 fresh elections may not take place and experts have warned that the country may be plunged into a constitutional crisis.

Trouble started when the Supreme Court nullified Kenyatta’s win in September citing irregularities and illegalities in the electoral process.

The judges gave their full verdict on the decision to cancel Uhuru’s victory yesterday (Wednesday). See below for full details.

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Kenyan Supreme Court judges, from left to right, Njoki Ndung’u, Deputy Chief Justice Philomela Mwilu, Chief Justice David Maraga, Jackton Ojwang and Isaac Lenaola deliver their detailed ruling concerning the August presidential elections, at the Supreme Court in Nairobi, Kenya Wednesday, Sept. 20, 2017 Photo courtesy.

Kenya’s police tear gassed opposition and ruling party supporters outside the Supreme Court as it delivered its full judgment Wednesday on why it annulled President Uhuru Kenyatta’s re-election in August.

The court annulled Kenyatta’s victory in the August 8 election saying there were irregularities and illegalities. It made the decision in response to opposition leader Raila Odinga’s petition challenging the official results that Kenyatta won with 54 percent of the vote. The electoral commission has set Oct. 17 as the date for a fresh election.

Opposition supporters and ruling party supporters gathered outside the Supreme Court and started jeering and pushing each other, threatening violence, said a witness. Cyrus Okemwa, who was among the opposition supporters, said a swarm of bees first attacked the demonstrators followed by police tear gas.

“There was push between or among the supporters outside the court and all over a sudden bees attacked and tear gas came from police,” Okemwa said.

Here is Caroline Mutoko’s video:

Kenyatta attends an Extraordinary Summit of IGAD Heads of State during the African Union summit in Ethiopia's capital Addis Ababa
Kenya’s President Uhuru Kenyatta attends an Extraordinary Summit of Intergovernmental Authority on Development (IGAD) Heads of State during the African Union summit in Ethiopia’s capital Addis Ababa, January 31, 2014. Uhuru who lost the election on August 8th, 2017, is causing a majority of Africans and Kenya especially sleepless nights due to his personal greed. He needs to resign and move on with his coconspirators whoever they might be. Enough is enough. we can’t have fraudulent conduct as a way of life.
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Conceding defeat best solution to averting political crisis

The ability to honourably accept defeat by political contestants in Tuesday’s polls will go a long way in avoiding unnecessary political chaos.

We cannot downplay the fact that we need cohesiveness now more than any time in history.

The world is watching. It is not only in the interest of diplomacy and to seek investment opportunities in this richly endowed nation, but more so to us who want to live in a peaceful country and undertake our businesses in a conducive environment.

Admittedly, the economic slumps are immense every election year in our country with the growth rates almost going below that of the Sub-Saharan region average. Investors have now embraced a wait-and-see attitude in approaching the opportunities available in our country, a situation that could hurt the economy further should a political crisis erupt after the polls.

Conceding defeat by those candidates who will lose the seats they are vying for will help restore confidence in the political and economic realms of our country.

The 2007 violence erupted after a presidential candidate refused to accept the outcome of the elections and the resultant utterances from politicians trickled down to cause animosity.

When the political class learns to solve their dissatisfaction in the polls through the right channels as they call upon their followers to remain calm, we will have made a tremendous step in averting possible chaos.

We may need to learn from Ghana’s presidential elections held in early December last year, where conceding was critical to evading chaos.

The then incumbent President John Mahama conceded defeat to Nana Akufo Addo upon the announcement of winner. In a similarly mature and inspiring reaction, President Akufo Addo calmed his supporters who were grumbling over alleged delay in the announcement of his victory by the electoral body.

Nearly at a similar time, we could also well remember the anarchy and turmoil former autocratic President Yahya Jammeh of the Gambia caused his people when he refused to concede defeat.

Politicians not only deny people the chance to have a peaceful co-existence and electing their leaders, but also clearly undermine the democratic process which they willingly accept to be part of by virtue of being on the ballot by refusing to accept defeat when results do not go in their favour.

Flimsy accusations of a rigged election against the backdrop of the recent efforts that have attempted to taint the electoral body and other national agencies meant to constitutionally work with the IEBC will not build up to chaotic compulsion among the electorate.

With 16,259 candidates having vied for only 1,882 positions in the upcoming polls, it was one of the hotly contested elections in the history of Kenya’s elective politics; recording the largest number of losers in elections in Kenya since independence. That’s palpable enough and crystal clear that it will call for more maturity and respect for the will of Kenyans from the contestants to accept defeat in the polls.

It will save Kenyans the hassle of being taken for a ride by rogue politicians with ill motive, whose goodwill for a peaceful Kenya is not in their hearts. While the IEBC makes the efforts to deliver credible, fair and transparent polls, this co-operation will make every single vote of the 19.6 million voters expected to participate in the polls bring the voice and change Kenyans want heard and felt.

Political processes

As we call upon the political class to respect the political process, it is equally imperative that Kenyans desist from being incited to violence.

Much as there are strong convictions of victory among a majority of contestants and the electorate to their preferred candidates, we must remember this is a competition that must have winners and losers. Kenyans should therefore prepare to accept the outcomes soberly.

This is a noble attitude that could save us the time and resources in a gratuitous political crisis post-2017 General Election. Mr. Boi is a monitoring and Evaluation Specialist.dboi@iasr.co.ke

Via Standard: https://www.standardmedia.co.ke/article/2001250751/conceding-defeat-best-solution-to-averting-political-crisis

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Uhuru Kenyatta – Conceding defeat is the best solution to averting political crisis. 

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LEAKED: Chebukati’s 2nd Memo to Ezra Chiloba , Details the Rot in IEBC, Orders Suspension Of Mr Muhati and 3 ICT Staff from Kiambu

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IEBC chairman Wafula Chebukati has suspended its ICT Director and two other officials. Confirming the suspension, IEBC chairman Wafula Chebukati indicated that James Muhati (ICT Director), Paul Mugo (ICT Coordinator) and Boniface Wamae (ICT Officer) failed to deliver their mandate in the August 8 General Election.

Turns out almost all staff working in ICT department at IEBC are from a certain, whether this is by design only Chiloba and Muhati can answer. Once again here is a leaked memo IEBC Chair Chebukati to Chiloba detailing what ails the electoral body:
IEBC chairman Wafula Chebukati has suspended three ICT personnel said to have engaged in election malpractices.

They are director James Muhati, coordinator Paul Mugo and officer Boniface Wamae.

“Some ICT staff who were incompetent or deliberately and grossly misconducted themselves by carrying out acts of malpractices,” Chebukati said in a memo seen by The Star on Tuesday.

“The officers appear to have fallen short of assisting the commission successfully in discharging its mandate.”

In a memo to CEO Ezra Chiloba, Chebukati said the decision was made to restore confidence in the IEBC ahead of the fresh election.

Tentatively, the polls are slated for October 17 but there are talks the same might change.

Chebukati said the decision following the waning confidence in the commission’s ability to prepare and deliver a credible poll.

The Opposition had asked the electoral agency to overhaul the team it believed messed up the August 8 general election.

In a memorandum to IEBC, NASA demanded that Chiloba, ICT director James Muhati and director of voter registration Immaculate Kassait be excluded from the preparations for the new vote.

NASA alleged that Kassait is the Jubilee ‘hatchet man’ in the electoral agency and reports to State House on a regular basis.

In their memorandum, NASA said Chiloba as the commission’s accounting officer has failed to oversee crucial electoral processes and bears the ultimate responsibility for the failures

In his latest memo, Chebukati further notes that he is not privy to any plenary that confirmed only form 34As were to be printed with candidates names and security features.

“I require the supporting documentations including packing list of the forms printed and supplied by Al Ghurair,” he said.

He asked Chiloba to make available, copies of the training manuals guiding the usage of the forms.

“…and prepare a paper on how to ensure that the discrepancies about the forms lacking security features are rectified,” he said.

Chebukati said there was no reason for the commission to wait for the full judgement before it executes the changes.

“I reiterate that we need not wait the reasoned judgement to enable the commission commence rectification of any shortcomings that may be evident from the elections,” he said.

He said Chiloba did not respond to questions as to why a significant number of polling stations would nonetheless send text results without image or result form.

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Ezra Chiloba (seen here) did not respond to questions as to why a significant number of kenyan polling stations would nonetheless send text results without image or result form.

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Tired? Call referendum to abolish judiciary, CJ Maraga dares critics including Uhuru, Accuses Boinnet Of Ignoring Calls For Protection.

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Chief Justice David Maraga accompanied by Judicial Service Commission members address the press at the Supreme Court, Nairobi, Tuesday September 19, 2017. /CAROLE MAINA

By NANCY AGUTU @nancyagutu
If leaders are tired of a strong and independent Judiciary, they can call a referendum and abolish it all together, CJ Justice David Maraga has said over threats to judges.

He told a press conference on Tuesday after chairing a JSC meeting that the “Judiciary is ready to pay the ultimate price to protect the rule of law.”

The meeting followed two petitions challenging the credibility of the CJ himself, and Supreme Court judges Philomena Mwilu (Deputy Chief Justice) and Isaac Lenaola.

The CJ further condemned the Inspector General of Police Joseph Boinnet for ignoring their calls to disperse protesters who had nearly paralysed business at the apex court.

Maraga said they will never seek directions on how they perform their duties adding that anybody who wants to intimidate them should stop.

“These demos are bordered on violence and are intended to intimidate the judiciary,” Maraga said.

He said the attacks and the protests shall never be allowed to happen at a time when the judiciary is beginning to hear the petitions.

“These attacks have become even more aggressive.. .the attacks are degrading and are meant to cow the institution..Such acts are salvage,” he said.

He said Boinnet has ignored their calls to ensure security and calm is restored in the country.

“JSC notes that the IG, who is expected to provide security, has ignored calls from us. The judiciary is also an arm of the government,” the CJ said.

Maraga said the JSC’s position is that those behind the attacks against the judiciary will be held personally liable for any injuries inflicted upon judges, and or their families.

“If anything happens to individual judges, staff and their families, those making inciting statements will be held responsible,” he said.

He said the judiciary will not take directives from other arms of government on how it should execute its mandate.

“We will not allow anybody to dictate to us how we discharge our mandate …we want to state that the rule of law must be allowed to take place at all times,” he said.

“Judiciary as constituted shall not guarantee a particular outcome to any individual.”

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