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Saturday 19 August 2017

Jubilee, IEBC lawyers: We are ready for NASA's case


By Kamau Muthoni 
Aug 19th 2017 
President-elect Uhuru Kenyatta and William Ruto

SUMMARY

  • IEBC and the Jubilee Party have said they are ready to counter NASA’s presidential petition
  • IEBC’s defence on the credibility of the results it announced will be critical to the case
  • Raila produced logs which he said were evidence of how and when the database was hacked into, calling the digital break-in the biggest fraud in Kenya’s history
  • NASA, Jubilee and the IEBC have assembled the best legal minds in the country to argue their case before the Supreme Court

The Independent Electoral and Boundaries Commission (IEBC) and the Jubilee Party have said they are ready to counter NASA’s presidential petition challenging the declaration of Uhuru Kenyatta as President-elect.

In what promises to be an epic court battle to either validate or invalidate President Kenyatta’s re-election, a team of lawyers appointed by the ruling party and the electoral commission for their defence, say they are raring to defend the authenticity of the August 8 poll.

A source within the pool of lawyers told Saturday Standard that NASA’s case will be hinged on Raila Odinga’s claims of hacking of the IEBC servers and inconsistent results.

He said that from the onset, the Opposition has been contradicting itself and exaggerating the figures in favour of its candidate, Raila Odinga.

“If you look at the first demand they sent to the commission, they claimed that the results had been cooked. For example, in Nyamira County, they indicated that Raila got 2,411,731 whereas the total number of registered voters is 278,853,” he said.

IEBC’s defence on the credibility of the results it announced will be critical to the case.

Raila has accused Jubilee of hacking into the IEBC database and manipulating election results to ensure that the incumbent wins.

The former Prime Minister said according to NASA’s tallying, he had polled a total of 8.1 million votes against Uhuru Kenyatta’s 7.2 million.

Raila produced logs which he said were evidence of how and when the database was hacked into, calling the digital break-in the biggest fraud in Kenya’s history.

But the lawyer said IEBC has proof that its system was not infiltrated and the electoral forms will be availed to authenticate that the results relayed and announced, represent the will of the people.

“If you look at it as a lay man, the majority law makers in the National Assembly are from Jubilee and the same is replicated in the Senate. Jubilee also infiltrated areas that were presumably the Opposition’s strongholds. Thus, there is no way Raila can claim he won,” he said.

He said IEBC complied with the law strictly and that NASA should respect the will of the people.

NASA, Jubilee and the IEBC have assembled the best legal minds in the country to argue their case before the Supreme Court.

Jubilee’s defence will be led by Fred Ngatia, who was one of President Kenyatta’s agents at IEBC’s national tallying centre at Bomas of Kenya. NASA’s legal team is headed by Siaya Senator James Orengo.

“We are ready and waiting to see if they have a strong case. If there are a lot of allegations, then we will have to work hard to tell the public the truth. If they have a weak case, then it’s easier for us,” the source added.


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Friday 18 August 2017

Nasa gives in to pressure over election petition case

Nasa leader Raila Odinga addresses the media at Okoa Kenya

Nasa leader Raila Odinga addresses the media at Okoa Kenya offices in Nairobi on August 16, 2017. Mr Odinga said they will file a case before the Supreme Court challenging Mr Uhuru Kenyatta's re-election. PHOTO | JEFF ANGOTE | NATION MEDIA GROUP

By SAMWEL OWINO


By IBRAHIM ORUKO

IN SUMMARY

  • It is during the scrutiny of forms 34A and 34B that confidence levels in the technical team grew.
  • The committee said sufficient evidence had been gathered to build and sustain a case against the declaration by IEBC of Mr Kenyatta as winner.
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Divisions and pressure from the international community pushed the National Super Alliance to seek redress from the Supreme Court after the presidential election loss, it has emerged.

Sources said coalition leader Raila Odinga and senators James Orengo (Siaya) and Johnson Muthama (Machakos) were for mass protests.

“The three insisted that the Supreme Court legitimised a dirty election in 2013 and they saw nothing different this time round,” an insider told the Nation Thursday.

PROTESTS
Mr Odinga’s running mate and Wiper party leader Kalonzo Musyoka, Amani National Congress’ Musalia Mudavadi, Bomet Governor Isaac Ruto of Chama Cha Mashinani, Ford-K leader Moses Wetang’ula and members of the technical team opposed street protests. 

There was already an internal rebellion when Nasa Ukambani wing under Makueni Governor Kivutha Kibwana openly rejected the idea of street protests and warned Mr Musyoka against taking that path.

The county boss has emerged as one of Mr Musyoka’s most trusted ally.

Divisions and pressure from the international community pushed the National Super Alliance to seek redress from the Supreme Court after the presidential election loss, it has emerged.

Sources said coalition leader Raila Odinga and senators James Orengo (Siaya) and Johnson Muthama (Machakos) were for mass protests.

“The three insisted that the Supreme Court legitimised a dirty election in 2013 and they saw nothing different this time round,” an insider told the Nation Thursday.

PROTESTS
Mr Odinga’s running mate and Wiper party leader Kalonzo Musyoka, Amani National Congress’ Musalia Mudavadi, Bomet Governor Isaac Ruto of Chama Cha Mashinani, Ford-K leader Moses Wetang’ula and members of the technical team opposed street protests. 

There was already an internal rebellion when Nasa Ukambani wing under Makueni Governor Kivutha Kibwana openly rejected the idea of street protests and warned Mr Musyoka against taking that path.

The county boss has emerged as one of Mr Musyoka’s most trusted ally. 

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This led to the fallout with Mr Muthama. The fact that the senator was in support of mass action meant that Mr Musyoka was isolated and could only listen to Prof Kibwana. 

EVIDENCE
It is during the scrutiny of forms 34A and 34B that confidence levels in the technical team grew. 

The committee said sufficient evidence had been gathered to build and sustain a case against the declaration by Independent Electoral and Boundaries Commission of Mr Uhuru Kenyatta as winner of the presidential election. 

According to the source, Nasa sought the services of electoral forensic and handwriting experts to plough through the thousands of forms to determine their validity and if there was foul play on the part of the IEBC.

“Initially, we were opposed to the legal process but our confidence levels rose when we came face to face with the glaring mess in the forms,” the source said. 

OBSERVERS
Among the issues said to have softened Mr Odinga’s heart was when the audit team said many forms 34A posted on the IEBC portal from some counties did not bear the commission’s stamp as required by the law.

But it was the international community that put paid to any hopes that Mr Odinga would use justify the street protests. 

A Nasa insider told the Nation that the United Kingdom, the United States and the European Union piled pressure on Mr Odinga to either concede defeat or file a petition at the Supreme Court.

“There were several direct and indirect meetings with the ambassadors of the UK, the US and the European Union,” the source said.

JUDICIARY
On Thursday, EU Election Observation Mission head Marietje Schaake confirmed having held meetings with the opposition chiefs but refused to divulge details.

“I have had conversations with the Nasa leadership and Mr Odinga. We talked about many things,” she said.

However, she insisted that she been on record and clear that “the rule of law should be respected, and the courts are the avenue to take to seek redress or challenge the process and outcome of the elections”.

TRANSPARENCY

Ms Schaake said the mission had consistently called for transparency but expressed concern that it took long for the forms to be uploaded online.

“We are glad the forms are online. Anyone can challenge the process or the results,” Ms Schaake said.

“The mission will be looking in detail at the entire process and will comment elaborately in our final report.

"We will also be closely following the petitions. The courts are the place for justice, and we will be looking to see how they do their job.”

CENSORSHIP
While delivering his long awaited speech on Wednesday, Mr Odinga said the clampdown on the Africa Centre for Open Governance and the Kenya Human Rights Commission motivated Nasa to make a U-turn and challenge the presidential election results in court.

He said the clampdown showed the government’s determination to silence voices that could seek legal redress.

Sources inside the six-hour meeting on Monday told the Nation that the UK and US attempted to prevail upon the Mr Odinga to concede defeat but he flatly rejected the idea.

IEBC
He is said to have been angry with the rush by the international observers to validate the elections “in the face of glaring anomalies witnessed in the transmission of results”.

“He was shocked by the haste with which everybody went about congratulating the commission for a job well done and asking him to seek legal redress if he was not satisfied. 

"Mr Odinga was particular angry with the stance adopted by observers, which suggested that elections were just about announcing the winner,” the source said.

“Mr Odinga was shocked by the avalanche of opposition he was getting. 

"It was like he was being condemned for losing even when the infamy of result transmission was unfolding before everybody’s eyes.”

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Wednesday 16 August 2017

"What did Jesus mean when He said to not cast your pearls before swine (Matthew 7:6)?"



Answer: “Do not cast your pearls before swine” is a portion of the Sermon on the Mount, and, to understand its meaning, we have to understand its context and placement within the sermon. Christ had just finished instructing the crowd on judgment and reproof: “Do not judge, or you too will be judged. For in the same way you judge others, you will be judged, and with the measure you use, it will be measured to you” (Matthew 7:1–2), and “You hypocrite, first take the plank out of your own eye, and then you will see clearly to remove the speck from your brother’s eye” (Matthew 7:5). Then in verse 6, Christ tempers these admonitions and shows us the difference between “judgment” and “discernment.” We are not to be hypocritical judges, yet we must be able to discern the swine, lest we cast our pearls before them.

Before Jesus says, “Do not cast your pearls before swine,” He says, “Do not give dogs what is sacred.” An analogy mentioning dogs is also used in Proverbs: “As a dog returns to its vomit, so a fool repeats his folly” (Proverbs 26:11). A dual reference to swine and dogs is also found in 2 Peter 2:22, “Of [false teachers] the proverbs are true: ‘A dog returns to its vomit,’ and, ‘A sow that is washed goes back to her wallowing in the mud.’” In His sermon, Jesus uses dogs and pigs as representative of those who would ridicule, reject, and blaspheme the gospel once it is presented to them. We are not to expose the gospel of Jesus Christ to those who have no other purpose than to trample it and return to their own evil ways. Repeatedly sharing the gospel with someone who continually scoffs and ridicules Christ is like casting pearls before swine. We can identify such people through discernment, which is given in some measure to all Christians (1 Corinthians 2:15–16).

The command not to cast your pearls before swine does not mean we refrain from preaching the gospel. Jesus Himself ate with and taught sinners and tax collectors (Matthew 9:10). In essence, the instruction in Matthew 7:6 is the same that Jesus gave to His apostles when He said, “If anyone will not welcome you or listen to your words, shake the dust off your feet when you leave that home or town” (Matthew 10:14). We are to share the gospel, but, when it becomes apparent that the gospel is not welcome, we are to move on. We are responsible to share the good news; we are not responsible for people’s response to the good news. Pigs don’t appreciate pearls, and some people don’t appreciate what Christ has done for them. Our job is not to force conversions or cram the gospel down people’s throats; there’s no sense in preaching the value of pearls to swine. Jesus’ instruction to His apostles on how to handle rejection was to simply go elsewhere. There are other people who need to hear the gospel, and they are ready to hear it.
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KeNHA to Build the First Expressway in Kenya

KeNHA to Build the First Expressway in Kenya
16
August

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    Kenya National Highways Authority (KeNHA) has identified Bechtel to design and construct the 473-kilometre Mombasa-Nairobi Expressway. The road, whose construction is set to begin after the signing of a financing deal with US-based firm Bechtel International Inc will be the first of its kind in Kenya. 
    The route will vastly improve the connectivity, efficiency, and safety of road transport between Nairobi and Kenya’s main sea port, Mombasa, and will reduce the journey time from over 10 hours to less than four hours. The expressway will serve as a central part of Kenya’s national transport system, helping to promote trade and development in Kenya and further into landlocked Uganda, Rwanda, and Burundi.
    “The project will be supported with financing from Export Credit Agencies (ECAs) in the United States of America. The signing of this agreement will be followed by mobilizing of funds from the ECAs for the construction of the expressway,” KeNHA director-general Eng. Peter Mundinia in a statement.
    “Bechtel has been working with the Government of Kenya for over two years to develop this strategic infrastructure priority project, which will support unlocking significant growth in Kenya and the region,” said Craig Albert, president of Bechtel’s global infrastructure business. “We will bring global mega-project capability and local commitment to deliver the Nairobi-Mombasa expressway to our high standards of quality, safety, and sustainability. We’ll create infrastructure and skills legacies by partnering with local companies, suppliers, and directly employing and training Kenyans.”
    The high-speed expressway will be one of the most important new pieces of infrastructure in the East African Community. It will have four lanes and 19 interchanges. As part of the delivery of the project, Bechtel will employ over 4,000 people and provide training and capacity building. The project will also include master planning for three special economic zones along the alignment and will be focused on developing business in coordination with the new SGR and local communities. 
    The project has been structured to achieve early completion, under a fast-track delivery model, with concurrent design and construction, and with the first section, from Mombasa Road – Kyumvi to ICT Konza, targeted to open in 2019.The roads agency projects that the expressway will be completed in ten sections over the next six years, with design and construction being undertaken concurrently all through.
    The construction will start 2018. US and UK export credit agencies such as the US Export-Import Bank, the Overseas Private Investment Corporation (OPIC) and UK Export Finance, is expected to provide financing support. Once complete, the Sh230 billion roads will be among key highways motorists are expected to pay a toll charge for in order to help recoup construction costs and support maintenance.
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    Raila Odinga to spell out position on poll results row


    By NATION TEAM, WEDNESDAY AUGUST 16 2017


    Opposition leader Raila Odinga who put off to Wednesday an announcement on his next course of action after he rejected the presidential results of last week’s General Election. PHOTO | EVANS HABIL | NATION MEDIA GROUP 

    In Summary

    • Mr Mudavadi said the opposition coalition would make the announcement Wednesday.
    • The UN opted to keep off the election results dispute by declining Mr Odinga’s request for a review of the poll.
    • A source who attended Tuesday’s meeting said Nasa principals were divided over the next course of action.

    National Super Alliance (Nasa) leader Raila Odinga put off to Wednesday an announcement on his next course of action after he rejected the presidential results of last week’s General Election.

    The opposition leader Tuesday chaired a six-hour meeting with his co-principals in Nairobi during which they examined forms 34A and 34B to establish if the results declared by the Independent Electoral and Boundaries Commission (IEBC) were consistent with those contained in the forms.

    In a statement released shortly after the six-hour meeting, Nasa campaign team leader Musalia Mudavadi said the opposition coalition would make the announcement Wednesday.

    “Owing to the urgency, complexity and delicate nature of issues Nasa Summit is handling, our consultations are on going and progressing well,” said Mr Mudavadi.

    “We regret that the consultations are taking longer than anticipated and Nasa will, therefore, not address Kenyans as projected today. Nasa will issue a comprehensive statement to the nation tomorrow (Wednesday),” he said.

    UN DECLINES REQUEST

     off the election results dispute by declining Mr Odinga’s request for a review of the poll.

    Spokesman Farhan Haq reiterated Secretary-General Antonio Guterres’ recent statement urging Kenyan political leaders to bring election-related disputes to “the relevant constitutionally mandated institutions.”

    UNITED STATES

    At the same time, the United States described the elections as fair and transparent, further cementing international and local observers’ affirmation that President Uhuru Kenyatta’s win was credible.

    The Donald Trump-led administration called on Kenyans to maintain peace and resolve disputes through courts.

    “The United States congratulates the people of Kenya on the successful conclusion of elections, and President Uhuru Kenyatta on his re-election. We commend the dedication of candidates, officials, and the public to upholding a peaceful, fair, and transparent contest, and we welcome statements by international and domestic observers affirming the credibility of the election,” said the statement by the White House Press Secretary.

    The statement comes after former US Secretary of State John Kerry, who co-led the Carter Centre Observer Mission in Kenya, had said they expected victors and losers to work within the rule of law and the legitimate dispute resolution mechanisms.

    DETAILED PROCESS

    “The IEBC has put in place and has thus far followed a detailed process of paper ballot counting and security which, if followed through to the final steps, can give every Kenyan confidence that their vote was properly recorded and therefore this election can appropriately certify the outcome,” Mr Kerry, who was one state away from being elected US President in 2004, said in a statement.

    “This historic election is an important step forward and we urge all Kenyans to unite in peace to continue building their country.  The US will continue to partner with Kenya to secure a prosperous and peaceful future for both of our great nations,” said the statement circulated by the US Embassy in Nairobi.

    ASSESS OPTIONS

    Tuesday, Nasa co-principal and Bungoma Senator Moses Wetang’ula said Nasa leaders had spent the better part of the day holed up in the meeting to assess their options.

    “We had a marathon meeting from 9am up to 3pm to discuss several issues. We have scanned through the forms and I can tell you we are very pleased with what we saw,” he stated without giving further details.

    APOLOGY

    Those in Tuesday’s meeting, included Mr Odinga, Mr Mudavadi, Mr Wetang’ula, Wiper leader Kalonzo Musyoka and former Bomet governor Isaac Ruto. Also present was Siaya Senator James Orengo who was Mr Odinga’s deputy chief agent during the election and former Machakos senator Johnson Muthama.

    Mr Orengo and Mr Muthama are members of the Nasa Summit, alongside Tongaren MP Eseli Simiyu, who was not present.

    “Only Eseli was not present but we recorded his apologies as he was attending to other matters,” said Mr Wetang’ula.

    On Sunday, while touring Nairobi’s Kibera slum to mourn victims of alleged police brutality following three days of post election protests in various parts of the country, Mr Odinga urged his supporters not to report to work on Monday but instead wait for a major announcement on his next move yesterday.  

    Mr Orengo has repeatedly stated that Mr Odinga will not lodge a petition at the Supreme Court challenging President Kenyatta’s victory, terming it an exercise in futility.

    MASS ACTION

    A source who attended Tuesday’s meeting said Nasa principals were divided over the next course of action, with one group preferring a call to mass action to push their cause while another was opposed to such a move.

    The anti-mass action group was of the view that they should avoid a confrontational approach that might lead to deaths and injuries, which will be ultimately blamed on them. 

    They also argued that such an approach, besides being sure to achieve very little, will take away any support they have from the international community.

    NO COURT PETITION

    The meeting was, however, unanimous that filing a petition at the Supreme Court to challenge the results was out of the question.

    “They all agree that it is not the way to go, given past experience,” said the source. 

    The principals also agreed with Mr Odinga that conceding defeat would not only amount to “endorsing a stolen election” but would perpetuate such malpractice in future.

    Speaking on Monday, President Kenyatta tried to draw a line under the election and its aftermath, saying: “Kenyans have said that the election is behind them, the majority have returned to work.”

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    Elections official Roselyn Akombe 'removed' from US flight

    WEDNESDAY AUGUST 16 2017

    Independent Electoral and Boundaries Commission

    Independent Electoral and Boundaries Commission (IEBC) Commissioner Roselyn Kwamboka Akombe at a past press briefing. She was delayed at JKIA on her way to the US. PHOTO | DENNIS ONSONGO | NATION MEDIA GROUP 

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    An Independent Electoral and Boundaries Commission (IEBC) official was being held at the Jomo Kenyatta International Airport (JKIA) on Wednesday morning after being removed from a flight and her luggage offloaded. 

    The commissioner, Dr Roselyne Akombe was en route to New York on Tuesday night when she was ordered out of her plane reportedly on instructions of State security.

    Reports indicate that the commissioner is still being held at the airport.

    The IEBC confirmed that Dr Akombe had been blocked from travelling but appeared to downplay the incident, terming it a “delay”.

    “Dr Akombe who is traveling to US for an official meeting. Was delayed at JKIA by officials who have since apologized. She returns on Sunday,” the commission said on its official Twitter account.

    Sources, however, told the Nation that some State operatives feared that Dr Akombe, who reportedly holds both Kenyan and US passports was fleeing from Kenya.

    “She was prevented from boarding. She was going to New York. Still at the airport,” a source at JKIA told the Nation.

    Reports indicate that it took the intervention of diplomats for her to be released from police custody and transferred to government pavilion at JKIA.


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