By Phil Wesonga
The Case of Sovereign People of Kenya Against Independent Electoral and Electoral Commission (IEBC)
1. Prosperity of the country is directly linked to well functioning, accountable and democratic institutions. Independent Electoral and Boundaries Commission (IEBC) does not meet measure to this threshold. It is major source of uncertainty and conflict. IEBC has no heritage of rights. It exists to the service of the people of Kenya. It derives its legitimacy and authority from the people.
2. Independent Electoral and Boundaries Commission has full constitutional powers, authority and control on all maters touching on elections and referenda. It has constitutional functional autonomy and insulation to ensure it meets high degree of integrity, credibility, transparency and accountability in its electoral management work in accordance with the recommendations of the Krigler Commission and Constitution.
3. The IEBC falls under widespread Independent model of electoral management bodies. It is neither government nor hybrid. It has to exercise and enforce its fearless structural, operational and funding independence to avoid influence and or interference. It must uphold and posses a culture and attitude which promotes integrity. In reference to the 2013 General Elections, IEBC operated outside this stipulated constitutional framework that created it; and that it grossly contravened laws and regulations that govern it and its operations.
There exists the following solid evidence and reasons why IEBC currently constituted is untenable;
a. There exists overwhelming evidence that IEBC had a predetermined 2 Million votes(for far unaccounted for) that it used to electronically manipulate and subvert the popular will of the people and influence the outcome for the Presidential elections in 2013. The evidence clearly shows the figure was used to cover up the predetermined outcome. This is patently revealed when votes between 12.2 M presidential votes against the average 10.2 Votes casted for Governors, Senators, and Women Representative.
b. IEBC had a tailor made computer programming system that subtracted and or added these 2 Million votes in order to systematically achieve the already intended presidential outcome without raising initial suspicion. Samples exist in a number of Counties.
c. IEBC commissioners and staff did not only procure obsolete elections’ equipments but also awarded tenders and contracts to suppliers without following the laws and regulations procedures. The tendering, evaluation, verification and due diligence were never done in accordance with the law leading to purchase of substandard and faulty equipments at highly inflated costs. Some suppliers were paid for no work done or nay supplies.
d. IEBC deliberately delayed and mismanaged the process of sending Biometric Voters Registration (BVR) kits and Electronic Voters Identification Devices (RVID) specifications within the set timelines to intentionally create avenue for costly government to government single sourcing procurement where one of the interested parties attended the Commission’s decision-making meeting with invitation of the IEBC Chairman. This costed taxpayers unnecessary KShs.4B.
e. A credible and verifiable voters’ registration is key pre-requisite step for peaceful, democratic and credible elections. IEBC failed to maintain credible, verifiable and clean voters’ registers.
f. Evidence show that IEBC Commissioners and ICT staff were fully aware of the faulty Electronic Voters Identification Devices (EVID) and their high risk of failure. Further, all the EVID deliveries were done outside the agreed delivery schedule; inspection and acceptance exercise was not done; IEBC officers were never trained on how to use new devices; and that some devices remained unused. The Billions of tax payers money that was used for EVID did not play any role whatever in improving credibility of 2013 general elections. It also caused elections’ candidates to incur huge costs in court/legal fees arising from electoral disputes.
g. The need for Electronic Results Transmission System (ERTS) arose from failure by IEBC to plan for the procurement of EVID in time. If the EVID had worked, it was not necessary for IEBC to have procured ERTS.
h. Universal Polling Kits delivery was made way after general elections. The kits were low quality; and that they were not factored in the IEBC annual procurement plan
i. There is substantial report evidence that IEBC Commissioners working together with certain staff members influenced procurements, tendering and distribution of voting kits in a certain pattern.
j. There is uncontestable evidence of systematic deliberate compromise and failure of ICT system with intention of not only disfranchising electorate and elections candidates but also subverting the popular will of the people of Kenya for all the elective positions in 2013.
k. IEBC deliberately used non-statutory documents to aid and facilitate achieving of the predetermined results of not only the presidential elections but also for other elective positions. There is overwhelming evidence of doctored results’ documents with list of forged agents’ signatures to alter the election results
l. Todate IEBC has been unable and unwilling to provide a comprehensive forensic audit report of the 2013 General elections with the supporting materials such as complete forms 34, 35 and 36. This has disfranchised political parties and violated the consttutional right of Kenya to access accurate, timely and verifiable information that is of national importance.
m. The IEBC Chairman is not only adversely involved in malpractices of the IEBC internal electoral management processes but also openly bias and contemptuous of some presidential candidates. He is explicitly implicated in corruption/criminal case for which co-perpetrators are in jail in Britain and their assets recovered. Government of Kenya is laying claim to some of the recovered assets. Integrity does not require case to meet criminal attribute. Nancy Baraza Judicial Tribunal set threshold.
IEBC COMMISSIONERS AND ACCOMPLICE STAFF MUST STEP DOWN, BE SURCHARGED AND BE PROSECUTED