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Monday, March 25, 2013
Tuesday, March 19, 2013
All Ministers Elected to Various Positions in The March 4 General Election Ordered To relinguish their Cabinet Posts Immediately
President Kibaki has directed all ministers elected to various positions in the March 4 General Election to relinquish their Cabinet posts immediately. Below is a copy of the letter:
Pursuant
to Article 126 of the Constitution of Kenya 2010, His Excellency the
President shall appoint a place and date for the 1st sitting of the new
House which shall not be more than 30 days after the General Elections
held on 4th March, 2013. On the first day of the sitting, the first
Order of Business will be Swearing-in of members and election of the
Speaker of the National Assembly and the Speaker of the Senate. The date
of 1st sitting of Parliament is tentatively scheduled for Thursday,
28th March, 2013.
Under the new constitutional dispensation,
one person cannot hold two State Offices. Indeed, all elected persons
were contained in a Special Gazette Notice dated 12th March, 2013. In
essence, this formalizes the appointment into the elective offices save
for the swearing-in.
At the
advice of the Hon. Speaker and the Attorney General, His Excellency the
President has, therefore, directed that all Ministers and Assistant
Ministers who were elected during the recent General Election to the
positions of Senators, Governors, Members of the National Assembly or
Women Representatives should resign, with immediate effect, so as to
qualify to be sworn in by the Clerk of the National Assembly.
In this regard, Ministers/Assistant Ministers who did not compete or
qualify for the said elective posts will remain in Government, until the
swearing-in of the President and appointment of the new Cabinet
Secretaries.
Secondly, your attention is drawn to the
provisions of Article 134(2) of the Constitution forbidding the
nomination, appointment or dismissal of State or Public Officers during
the transition period referred to by the Constitution as the‘period of
temporary incumbency’. Consequently, all appointments effected after the
4th March, 2013 are illegal and, therefore, null and void. The
appointees and affected State Corporations should be notified
accordingly.
Thirdly, by a copy of this letter, Permanent Secretaries/Accounting Officers have today been directed to:
(a) ensure that this directive is implemented immediately; and
(b) ensure, as earlier directed, that all major contracts and payments
in excess of Kshs.500,000 are suspended forthwith. Any exemption to this
particular directive must be sought from the Office of the President by
the Accounting Officer on behalf of the Ministry or the State
Corporation/Parastatal concerned.
Please give this matter your urgent and personal attention and confirm full and immediate compliance.
FRANCIS T. KIMEMIA, EGH
PERMANENT SECRETARY, SECRETARY TO
THE CABINET AND HEAD OF PUBLIC SERVICE
Copy to:
The Attorney General
Chairman, Commission for the Implementation of Constitution
All Accounting of Officers
How CORD's Petition Is Likely To Be Defeated At The Supreme Court
CORDs Allegations Vs Facts: By a Concerned Jubilee Supporter.
1. Allegation: The Voters Register grew by 85,000. from 14,337,399.00 to 14,352,533.
Fact: The voter registration as at 18th December 2012 was 14,337,399.00 and from the data published by IEBC on summary of Registered voters are 14,349,896 a growth of a paltry 12,497 votes.
2. Allegation: That IEBC removed 20,000 voters from the register due to double entry resulting to voters register reducing to 14,269,752.
Fact: Simple addition and subtraction mathematics of 14,337,399 - 20,000 = 14,317,399 and not 14,269,752. in addition CORD should be cognizant of the fact that the voters register was opened for inspection to the public for one month to correct any anomalies....and it was discovered most pple in west pokot, turkana, wajir etc had not been captured in the BVR register but were in the manual black book. This exercise was carried for one month and the anomalies leading to the addition and subtraction in all
areas the net effect yielding a net addition of 12,497 voters. looking at the affected areas county wise the leading areas where votes were added were are TURKANA (12,540)
,WEST POKOT (+13,092),TRANS NZOIA (+13,288) and many others in no pattern whatsover. its worth noting Turkana and Tranzoia were ODM strongholds. Also in most counties
voters reduced the most affected being Nairobi (-50,102), Kajiado (-10,707), HOMABAY (-5,872), MURANGA (-4,211) and many others with no pattern at all. The only pattern you can tell is that areas which are generally under developed had generally addition of voters and areas which are fairly urban and developed had there voters generally reduced.
The logic of CORD indicating that their voters were reduced and those of Uhuru is actually looking at the data i have uploaded is to say the least the reasoning of the absurd bordering on hate speech. CORD knew that legally IEBC had one month to open the Voters Register to the public for scrutiny for purposes of correction of omissions and removal
of duplicates. unless CORD is of the view that it was an illegality to clean the register i have no idea why they should be raising issues with the Voters Register. In my own assessment CORD having noticed that even in a repeat poll they are going to loose, they want the Supreme court to condemn the register so that registration can begin afresh hoping to encourage there supporters to register in large numbers.
3. Allegation: That the following constituencies Tiaty,laisamis,igembe central, Buri,Chuka,Lari,Kapenguria,Saboti,Turbo,Marakwet West,Bomet East, Mt. Elgon, Langata
and Aldai had the total votes cast exceeding the registered voters.
Fact: I have painfully analysed all this connstituencis using the provisional register of 18th December 2012 and the register used on 4th march 2013 and found out in all cases there is no constituency from the above that had total votes cast exceeding the registered. This begs the question why should a lawyer make an allegation that knows very well that
it is false and the media din't even counter-check on the veracity of information given. this allegation falls flat and should be dismissed with costs B C D.
Constituency REG.18th REG.4TH CAST
B-D C-D allegation D>B Allegation
D>C
TIATY 19,960 20,469 17,950 2,010 2,519 -509 FALSE FALSE
LAISAMIS. 20,998 21,315 17,503 3,495 3,812 -317 FALSE FALSE
IGEMBE c. 53,128 56,111 49,358 3,770 6,753 -2,983 FALSE FALSE
BUURI 54,243 54,501 47,766 6,477 6,735 -258 FALSE FALSE
CHUKA 56,821 57,231 50,506 6,315 6,725 -410 FALSE FALSE
Lari 58,984 59,001 56,666 2,318 2,335 -17 FALSE FALSE
Kapenguria 37,099 41,328 36,266 833 5,062 -4,229 FALSE FALSE
Saboti 53,811 55,791 45,978 7,833 9,813 -1,980 FALSE FALSE
Turbo 87,108 87,332 73,434 13,674 13,898 -224 FALSE FALSE
Marakwet. W 39,311 36,055 32,729 6,582 3,326 3,256 FALSE FALSE
Bomet E. 41,487 41,009 37,364 4,123 3,645 478 FALSE FALSE
Mt. Elgon 50,972 49,387 44,419 6,553 4,968 1,585 FALSE FALSE
Langata 98,733 96,670 80,680 18,053 15,990 2,063 FALSE FALSE
Aldai 48,907 49,901 45,779 3,128 4,122 -994 FALSE FALSE
4. Allegation: Form 36 were used used although they were not signed.
Fact: Form 36 in aggregation of form 34. if form 34 are signed then the only mandatory fact is to confirm that the figures in form 34 have been transferred correctly to form
36.
5. Allegation: That IEBC allowed Kencall to host both TNA and IEBC Data hence TNA had access to IEBC Server and messed up the data
Fact: This is where analog now comes into pay. its like saying since uhuru has a yahoo account then if raila has also a yahoo account then uhuru can get access to raila data. Kencall is a company offering hosting and connectivity services to anyone even cord is they want to host there server or web services there. even if you give any iota of truth to CORD allegation, voting went manual and the issue of server does not arise.
In Summary:
The other allegations involve physical documents which I am not privy to but from the lies so far adduced b4 the supreme court. this suit should be dismissed with costs.
How Jubilee Rigged Elections - The CORD Propaganda
Panic has gripped the Jubilee Coalition headed by Uhuru
Kenyatta as details unravel on how the 2013 Presidential Elections were
manipulated to hand him a win by the Independent Electoral and Boundaries
Commission – IEBC, that is now the subject of a Supreme Court petition.
The emerging details point to a shocking scheme hatched by
circle of advisors and government functionaries within the intelligence and
civil service, way before the elections.
Analysts scrutinizing documents ahead of the Supreme Court
petition by the Coalition for Reforms and Democracy challenging the results,
were stuck by how technology was also used to aid Uhuru “defeat” Raila Odinga
of CORD.
“Kenyans can remember well that some curious things happened
with regard to the so called provisional results that IEBC kept churning out”,
says one of the lawyers handling the CORD petition.
“It was a statistical impossibility. Between March 4th
– March 7th, Raila Odinga was consistently stuck at 43/44% while
Uhuru stayed at 53%. Musalia was stuck at 2.8% while the margin between Uhuru
and Raila remained at 600,000-700,000 votes. This was impossible considering
that results were coming in randomly from all over Kenya. Yet these figures
remained consistent”.
After a confusing Friday 8th March when IEBC
postponed announcement of final constituency results till Saturday, a quick
operation was put in place to force acceptance of the results, amidst anxiety
by Kenyans that the voting process had been manipulated.
IEBC’s James Oswago reportedly called media houses late in
the night for a surprise final announcement of constituency results Friday
12.30am without indicating who had won.
Throughout the week IEBC had warned
media from declaring anyone the winner. However 30 minutes later KTN and NTV
got a “nod” to call the elections. From there on events moved quickly. At
1.30am KTN flew a banner indicating Uhuru Kenyatta was the winner. Several
stations in surprise followed suit. Kenyans would wake up on Saturday morning
to all TVs proclaiming “President Uhuru”, almost 12 hrs before Isaack Hassan
finally announced Uhuru’s win on Saturday afternoon.
The Weekly Citizen in this exclusive report can now report
stunning details of a rigging plot that would have passed undetected if all
players had stuck to the script and the “tyranny of numbers” theory had not
fallen flat on its face on March 4th.
According to CORD insiders and several statistics analysts
who have examined the IEBC voter register when it closed on Dec 18th, over
1,500,000 extra votes were “unexplained votes” votes that were for the
presidential result alone. Since according to the IEBC, every voter was given 6
ballot papers, IEBC will be hard pressed on how this happened.
If these allegations are proven then, Uhuru’s tally will
render his 6,173,433 vote announced by the IEBC to 4,673, 433. Which
could mean that Raila Odinga could have won the election if what CORD claims is
true.
The well calculated scheme was based on 3 critical things
that had to be done to force in Uhuru. The most important was to force a first
round win for Jubilee.
“It was obviously clear to us that any run-off would result
in an anti-Kikuyu vote in which only Kalenjins and Kikuyu’s would vote for
Uhuru while Raila takes off with the rest of the country’, says Central Kenya
Senator Elect over drinks at a popular Nairobi spot on the day the IEBC
announced Uhuru as President. “Winning Round One was never an option. It had to
happen”
Getting the numbers was an issue that had worried TNA
strategists one year before striking an alliance with William Ruto’s URP as the
Jubilee Coalition. Even if Ruto’s Kalenjin backyard was convinced to vote for
Uhuru, the numbers Kalenjins brought in were still not enough. Though the
“Tyranny of Numbers” propaganda was sold as a winning formula, insiders knew
the truth held a different reality. The 50% was simply not there. The best
Jubilee could manage was force a run-off their researchers said they would
lose.
The tyranny of the numbers was the psychological component
of the whole game; and the so was “PEACE” campaign enterprise, says a member of
the civil society
“It is Funny that the tyranny of numbers theory perpetuated
by Political Analyst Mutahi Ngunyi done in February 2013 mentions the same
figures Uhuru got in the final tally” says popular blogger Robert Alai.
Several contingency plans were made to ensure the plan
succeeds. One was to ensure that the Kikuyu and Kalenjin voter turn-out was to
hit 95% while hoping that CORD base’s turn-out would remain at the traditional
65% to 70%.
Like many assumptions made by the Jubilee strategy team,
their plan on turn-out was based on assumptions that CORD’s base would barely
attain their traditional turnout.
The second critical factor was use of technology to help add
up numbers as the infamous tyranny of numbers depended on factors outside
Jubilee’s control.
This plan to be used was borrowed from Ghana’s December 2012
Presidential Elections. The election which is now being contested at the
Ghanian Supreme Court was won by President John Mahama who was announced to
have secured 50.7% of votes, enough to avoid a run-off against NPP candidate
Nana Akufo-Addo with 47.7%. Akuf-Addo has filed a petition with evidence that
the vote was won by manipulating the electronic system.
In the Ghanian petition, proof has been revealed the company
hired by the Ghanaian Election Commission to supply data services – SuperLock
Technologies Ltd – also had a contract with the National Democratic Congress to
supply the same services to the party that included tallying. In the petition
NPP says it had found irregularities such as cases of over voting and instances
when people not registered by the new biometric finger-printing system were
able to vote.
According to the NPP and the other parties, these numbers
announced by the Ghana’s Electoral Commission did not correspond with actual
votes recorded in the 275 constituencies. They allege tampering of numbers by
the suppliers of IT services in favour of John Mahama. The commission also
reported that turnout was at an all time high of 81%.
In a dramatic incident during the elections, NPP stormed the
electronic suppliers premises and claimed to have caught the company’s data
personnel altering results before transmission to the National Tallying Centre
Similar to the Ghanaian case, the company that supplied
Kenya’s IEBC with the electronic data and call centre services is Ken Call. The
company whose connection to IEBC were never made public was charged with supplying
call centre services and hosting the data base from where the polling station
results were remitted to the IEBC. Ken Call also has a contract with
Uhuru Kenyatta’s The National Alliance party to supply tallying services of
results from polling stations!
“Results from Returning officers at polling stations being
transmitted electronically were first relayed to Ken Call’s servers for onward
transmission to Bomas”, an IEBC official told Weekly Citizen.
“Imagine the same server was being used to tally results for
TNA! This is where the electronic tampering of results took place as it was
easy to access the same server which was serving both the IEBC and TNA and
managed by the same company. When questions started being raised about the
contradiction between figures announced at polling stations and the ones on
IEBC screens at Bomas, the system mysteriously crashed!”
The official says it is unclear when the company was hired
by the IEBC and why the commission ignored the conflict of interest.
The Weekly Citizen has discovered that like the Ghanaian
case the plan by to rig the Kenyan Presidential vote was 3 pronged;
First, encourage the purchase of BVR kits by the IEBC. The
technology was simply meant to hoodwink the public and crash when plan B was to
be effected. Using unorthodox means that included bribing IEBC officials, the
more experienced 4G solutions which serves India that has over 500 million
voters was disqualified and Code Inc given the job to supply the kits. Code Inc
went into liquidation and was renamed Electoral Systems International after the
Fijian government exposed the company to be a branch of the Canadian
Intelligence Organisation. Part of the system’s technology was supplied by a
company linked to a Mr Chirchir, a former Commissioner at the IEBC
Secondly, as Ghana’s NPP claims in their petition, the
ruling party used Super Lock Technologies Ltd to hack into the system and
pre-determine a mathematical formula that adjusts figures as they come for both
candidates while keeping any other candidates at a predetermined formula to
ensure they do not harm the intended outcome. (This possibly explains why
Uhuru’s margins with Raila never changed even with random results coming from
all over the country). Yet even with this plan, Jubilee knew they would
have to top up “few” numbers based as the 50% + 1 was still proving elusive
with a week to the election.
The third and final strategy was the real plan. Play with
Kenyans’ minds by manipulating results and establishing a lead for Jubilee then
crash the system and go manual. This was arranged by declining to have a
back-up server which would retain evidence of the manipulation. With only one
server, a deliberate crash would be final and would destroy evidence.
According to Maina Kiai, former chairman of the a human
rights organization the technology was a red herring.
“This election was meant to be manual from start to finish
loopholes included” he writes in his Saturday Nation column. “A manual result
is what would allow different results to be announced at the Constituency,
County and Bomas. All these electronic gadgets and equipment were meant to pull
wool over our eyes”
“Even with this plan, the team knew they would have to top
up numbers based as the 50% + 1 still proved elusive with a week to the
election” says a TNA Mp Elect.
Then March 4th came.
While the scheme was to “minimally” add votes to the
“tyrannical numbers” to enable a Round One win, everything went wrong on March
4th Election day as the electorate in key battle ground areas
stunned Jubilee strategists with an anti Uhuru vote.
Luhyas expected to vote for Musalia up to 50% rebelled and
went for Raila. The 30% of the Kamba vote expected from Kitui through Charity
Ngilu failed to come in. Coast where Jubilee were expecting a 50-50 share with
CORD bolted to Raila. CORD and Raila took off with 70% of the Kisii vote. In
Kalenjin land, voter turnout fell below 70%. The “tyranny of numbers” was
becoming a flop. With predictions by Jubilee statisticians collapsing all over
on Election Day, the team after consultations had to quickly switch to Plan
B.
“This plan was aided by the decision by the IEBC to keep
open some polling stations well after 5pm, the official closing time” says an
ODM Chief Agent who manned a County in Rift Valley. Plan B called for manual
voting to improve the numbers. “In Rift Valley CORD agents were reportedly
intimidated and some left the polling stations as die hard URP activists some
of whom manned the polling centres now took over. “It was hard to control what
they were doing after that. Some people were now being given 2-3 presidential
ballots to get their target number. You had no idea who was voting and who
wasn’t.”
As former Attorney General Amos Wako disclosed at a press
conference last week “It appears the IEBC had several registers as they did not
even gazette any. We will be asking the Supreme Court to examine which register
was being used and which one was valid”.
It is obvious CORD’s petition will put IEBC to task show an
increase in voter registration after the registration ended on 18th Dec. In
some cases the register grew by 35% in one constituency after reconciliation.
On December 18th 2012 @IEBCpagedeclared
there were 14,337,399 Registered Voters. The Final Register indicates there
were 13,352,533 Voters
Other than manipulate the register using technology,
technology was also becoming an obstacle to get the right numbers and ensure a
Round 1 win. The Voter Identification Kit which required fingerprint
identification for voters could not be manipulated as “ghost” voters could not
get in to vote or double voters. They had to be physically present.
By 2pm, a crisis meeting was convened by Jubilee strategists
on how to shore up numbers in Rift Valley.
Mysteriously the Finger Print Identification kit stopped
working. Manual voting was introduced.
The IEBC electronic tallying system which was relaying fast
results with a 53% lead for Uhuru four hours after 5pm, suddenly slowed down
with just a million votes in. Then the “IEBC” server which in reality belonged
to Ken Call crashed. And the results slowed down to a trickle. By 11pm IEBC
announced to the press that announcement of provisional results had been halted
and pushed to Tuesday.
Most IT experts confirm that the amount of data being
remitted for the 33,000 polling stations in terms of text messages could not
have crashed the system.
“It is very little data. Safaricom, Airtel and Orange deal
with almost 300 million text messages daily. The data from polling stations was
not that much”, says an employee of Safaricom on condition of anonymity. “What
is puzzling is why on such an important exercise IEBC and Ken Call did not
install the standard back-up server which would saved remitted results and
revived the process”.
The CORD team believes Isaack Hassan’s explanations were a
cover-up and that the technology “use” and “failure” were part of the strategy
to rig the elections.
“The electronic system kept Uhuru and Raila at particular
percentages to psychologically make Kenyans believe Uhuru was winning and Raila
was losing. However since the figures at Bomas were not matching forms 34, 35,
36, and the Jubilee “tyranny of numbers” formula had failed, the electronic
tallying system had to go.
Maina Kiai is more brutal in his assessment calling IEBC’s
excuses “hogwash”. “First it was that the server crashed. Then, than one side
of the disk was full and unable to accept results. Then that presiding officers
were slow in transmitting. The maximum capacity required for data from 33,000
polling stations is just 2GB, less than what a mobile phone can take!”
With the plan in progress for manual voting, by Wednesday
Rift Valley Turn-Out was being reported at 90% while Central had risen to 95%.
Based on the Kriegler report this numbers were obviously inflated. However more
was required as Uhuru had dropped below 50%. So delays had to be created for
Returning Officers to re-adjust figures.
The diversionary tactic kept Kenyans patient as Issack
Hassan kept talking of delays caused by “verification”, “technological
challenges” and introduced a phrase “complex elections” that would be
repeatedly used throughout the Bomas process.
With the announcement that manual voting would be used, the
vote tallying took a different outlook as the initial 48 hrs in which all
provisional results were to be announced dragged into days and tallying began
afresh. Questions about discrepancies by CORD officials resulted in IEBC
throwing them out. A compliant media was threatened into silence and no
criticism of the IEBC was to be aired.
The Bomas tallying centre was placed under heavy security as
the once accessible Chairman of the IEBC now avoided all media questions
regarding the process.
“This is the most opaque electoral commission and ranks
lower than even the late Kivuitu Commission” said one of CORD’s lawyers James
Orengo.
In the deliberate confusion that followed strange results
started flowing off the IBC press briefings. Among the cases are;
Wajir North had a 92% Voter Turn-Out for spot whose history
indicates 50-60%. In Wajir West, if the Final Register hadn’t been adjusted,
99.45% of the Registered Voters would have voted. In Nyaki East in North Imenti
with 12000 registered voters 15300 are reported to have voted!
In Kajiado South, the people who voted (42,276) is higher
than the people registered in Dec (41,040).Register adjusted to 46,218 to
conform. In Sigor, the people who voted (19,704) is higher than the people
registered in Dec (19,337).Register adjusted to 21,341 to conform.
“How does Turkana Central with 25,970 votes as at 18th Dec
end up with 34,486 voters after reconciliation?! Where did 8,516 voters come
from?” asks Dr Makodingo, a political analyst on his twitter page.
Worse still Worse still, IEBC’s figures refuse to add up
inspite of efforts to “correct errors”. Valid Votes (12,222,980) plus Rejected
Votes (108,975) add up to 12,331,955 and not their tally of 12,338,667!!
“It is strange that 1,500,000 persons only cast a vote
for a president and across Kenya this number is reflected in joint votes cast
for Senators, Governors, Mps, Women Reps or County Reps. It is an obvious case
of manual ballot box stuffing and double voting for Uhuru” says Statistics
analyst Dr Makodingo
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