CORD Vs IEBC - DR MUTUNGAS PLEDGE TO KENYANS

[tactician]

FYI,

The Supreme Court Act allows an even number of judges to sit. In case of a tie, the petition/review fails.

- why does this matter? Mutunga has already said he wants the whole bench to sit.

Also, going by a precedent set in February, the recusal of a Supreme Court judge is decided by the whole bench - unlike in lower courts where recusal is a matter for the conscience of the judge in question.

- why do this matter? Jubilee will be asking that Mutunga recuses himself from the matter. Do not be surprised to see CORD seeking the same of Njoki.

Next week is drama - ICC status conf on Monday afternoon and Supreme Court status conference later in the week

[furaha]

Mar 15, 2013 18:35:14 GMT 3 kamalet said:

According to a tweet I just saw, it says the procession to take the petition to the supreme court will start at Uhuru Park at 8.00 a.m.

You may want to ask why should a petition be escorted to the supreme court unless there is aplan behind it??

I can reveal the plot for you!

Crowds gather at Uhuru Park and the politicians and the lawyers show up. Police show up and ask the crowd to disperse. At this time and in the confusion it is claimed that the papers to the petition go missing during the commotion which means the petition could not be filed because of the police disruption!!

Unfortunately this will not happen and they better come up with a better plan!

Just like this morning, the police will stop the crowds from as far back as Kibera, ring all of Uhuru Park to ensure no one gathers there and the lawyers will have no option but to take their petition without the crowds to the court where we all know what will happen when the contents are declared....!!

Kamalet,

Since you have announced your impending retirement why don't you consider becoming a fiction writer in your retirement??

Seriously, I take exception to this kind of suggestive writing. The situation is difficult enough as it is. If you want to make a contribution please do it with a sober mind and on the basis of facts. I have often appreciated your inputs but during the last few weeks you seem to have flicked a switch.

Please read the article from the Associated Press that I am copying below.

Furaha



Online war erupts in Kenya after peaceful vote
Associated Press -

Tribal lines are being drawn over who won Kenya's presidential election. But unlike the bloody violence that scarred the country five years ago, this time the only fighting is online.

Machete strikes and bows and arrows are being replaced by bitter Tweets and angry status updates.

The exchange of barbs between supporters of Deputy Prime Minister Uhuru Kenyatta — who was named the winner of the March 4 election with 50.07 percent of the vote — and his closest competitor, Prime Minister Raila Odinga, has degenerated into expletive-filled fights in social media that have the government worried.

The Ministry of Information and Communications said this week that it has been unable to contain "the ugly messages of hate and negative ethnicity" online. It said many of the messages qualify as hate speech.

Some officials worry that the virtual feuding could trigger real-life fighting.

"The outrage is becoming wider and the tension is palpable. It's going to erode all our efforts of building national cohesion," Milly Lwanga, vice chair of the government-funded National Cohesion and Integration Commission, told The Associated Press on Thursday. "The buildup of tension, it's like a room where gas is leaking slowly and then eventually there will be something small to ignite it and people will wonder where the explosion came from."

After Kenya's disputed presidential vote in late 2007, Odinga's supporters took to the streets. Tribal violence erupted, resulting in the deaths of more than 1,000 people.

Odinga's camp said the prime minister will file a petition with the Supreme Court on Friday to overturn the election results. Odinga alleges the election was rigged.

"We are dealing with criminals who should not be in State House but in prison," Odinga said Thursday of his opponents. But, significantly, he is urging his supporters to stay calm as his case is heard in court.

No major violence has been reported, but the interactions are ugly online. Ethnic allegiances are exposed and ridiculed. Kenyatta's tribe — the Kikuyus — and Odinga's tribe — the Luos — clashed violently five years ago.

"Mmm! Kikuyus r thieves by default. There is nowhere on the planet earth, where a kikuyu works without stealing. Its embedded in their DNA. Kill all of them n Kenya will be a pleasant country to live in," a post on Facebook by one user, Phil Miser, read.

A user named Susan Karanja replied to the tribal taunt from Miser: "We may be thieves but we are also enterprising. No wonder we employ u to use (your) brains in our jobs coz u dont use (yours) to better (your) lives n that's the way it is. We run u not vice versa so swallow it."

One popular online forum in Kenya, mashada.com, was taken offline before the election, presumably because of hate-filled postings on the site. A Facebook group called Stop Raila Odinga Now has more than 20,000 members. One recent comment was addressed to Luos and Kambas, another ethnic group: "All your provinces do is give this nation violence, war, thieves, mad people and is that yous."

Gordon Mutugi, a 31-year-old public relations specialist, said that many people have stopped following him on Twitter because of his support for Kenyatta. Mutugi said many of his followers have branded him a tribalist.

The hate messages are being exchanged mainly between members of three communities, said Lwanga. The Kikuyus, the Luos and the Kalenjins, the tribe of William Ruto, Kenyatta's running mate. The National Cohesion and Integration Commission has bloggers monitoring the discussions who interject with "sober" comments to try to calm the exchanges down, Lwanga said.

In 2007, Kenyans sent out hateful phone text messages but it was before social media, such as Twitter, had really taken hold, she said.

Though Kenyan leaders appear to have prevented a repeat of the 2007-08 violence this election — at least so far — the way voters cast ballots remained largely the same: Kenyatta won overwhelming support from Kikuyus and practically none from Luos. It was the same — in reverse — for Odinga.

"It is a reflection of the way campaigns were conducted to galvanize the support around one tribal affiliation," Lwanga said.

Lwanga said the national cohesion commission is trying to trace people who post hate messages so that they are prosecuted. Hate speech carries a fine of around $12,000 or imprisonment for up to three years, or both. Recently the government has made all Kenyans register their phone numbers with the Communication Commission of Kenya, which should make it easier to track perpetrators. She said her group also tried working with the National Police Service's Cyber Crime Unit to block sites filled with hate speech but realized it was not working because the perpetrators would set up another site almost immediately.

The commission is asking Twitter and Facebook to remove hate-filled comments, she said. It defines hate speech as the use of threatening, abusive or insulting words or behavior that stirs up hatred or is likely to stir up ethnic hatred.

The 2007-08 postelection violence following a disputed election and the declaration that President Mwai Kibaki — a Kikuyu — had won a second term exposed deep tribal animosity that had built up for generations. Problems between the Luo and Kikuyu community started soon after independence from Britain in 1963, when Odinga's father — the first vice president of the country — had a falling out with Jomo Kenyatta, Uhuru Kenyatta's father and the country's first president.

That set off decades of bad blood between the Kikuyus and Luos. Inter-tribal marriage became taboo.

Bitange Ndemo, the permanent secretary at the Ministry of Information and Communications, said on Twitter on Thursday that the ministry has noted the concerns regarding hate speech on social media, "and we are working overdrive to control it."

Research published last year by Kenya-based Portland Communications and Tweetminster found that Kenyans use Twitter more than any country on the continent except for South Africa.

[Horth]

Mar 15, 2013 19:22:13 GMT 3 furaha said:

Kamalet,

Since you have announced your impending retirement why don't you consider becoming a fiction writer in your retirement??

Seriously, I take exception to this kind of suggestive writing. The situation is difficult enough as it is. If you want to make a contribution please do it with a sober mind and on the basis of facts. I have often appreciated your inputs but during the last few weeks you seem to have flicked a switch.

Please read the article from the Associated Press that I am copying below.

Furaha

Furaha,

With all due respect, have you seen what's happening? IEBC has been successfully vilified and mob justice is beginning to take over, without the petition even being presented. Doesn't matter. Evidence. Doesn't matter. Mob justice has decided.

On twitter, check out #democracyontrial Twits as flooding in faster than one can read them. And the hate is growing. Towards any institution labeled as being against democracy.

The newspapers are being vilified. Check out the hate being spewed.

Have you seen what happened today at Kenyatta University? The rumors spread like wildfire today, egged by countless twits that the IEBC was hiding the falsified ballots ending with riots. Even IEBC's explanation has been ridiculed. Why? They're not a credible institution and are against the "people's will".

The mob is growing.

Have you read Omwenga's open letter to the CJ?

[cheshirecat]

Mar 15, 2013 21:57:58 GMT 3 Horth said:

Mar 15, 2013 19:22:13 GMT 3 furaha said:

Kamalet,

Since you have announced your impending retirement why don't you consider becoming a fiction writer in your retirement??

Seriously, I take exception to this kind of suggestive writing. The situation is difficult enough as it is. If you want to make a contribution please do it with a sober mind and on the basis of facts. I have often appreciated your inputs but during the last few weeks you seem to have flicked a switch.

Please read the article from the Associated Press that I am copying below.

Furaha

Furaha,

With all due respect, have you seen what's happening? IEBC has been successfully vilified and mob justice is beginning to take over, without the petition even being presented. Doesn't matter. Evidence. Doesn't matter. Mob justice has decided.

On twitter, check out #democracyontrial Twits as flooding in faster than one can read them. And the hate is growing. Towards any institution labeled as being against democracy.

The newspapers are being vilified. Check out the hate being spewed.

Have you seen what happened today at Kenyatta University? The rumors spread like wildfire today, egged by countless twits that the IEBC was hiding the falsified ballots ending with riots. Even IEBC's explanation has been ridiculed. Why? They're not a credible institution and are against the "people's will".

The mob is growing.

Have you read Omwenga's open letter to the CJ?

mobs marching through the streets denouncing anyone whgo dares oppose them. opposition is traitorous, institutions that oppose them corrupt. Well meaning people cower in their houses, believing that such fervor, such anger must surely emanate from some injustice. But no can can put their finger on that exact injustice.

I am actually talking about the Nazi takeover of Germany in 1934. As wise old Solomon said, there really is nothing new under the sun.

[podp]

Mar 15, 2013 22:46:44 GMT 3 cheshirecat said:

Mar 15, 2013 21:57:58 GMT 3 Horth said:

The mob is growing.

Have you read Omwenga's open letter to the CJ?

mobs marching through the streets denouncing anyone whgo dares oppose them. opposition is traitorous, institutions that oppose them corrupt. Well meaning people cower in their houses, believing that such fervor, such anger must surely emanate from some injustice. But no can can put their finger on that exact injustice.
I am actually talking about the Nazi takeover of Germany in 1934. As wise old Solomon said, there really is nothing new under the sun.

old Ngugi can help you if you never were there before...'Last week’s election in Kenya compels me to point out something little noticed in the West. The real winner was a man who wasn’t on the ballot: Daniel arap Moi, the country’s leader from 1978 to 2002, who terrorized it for 24 years and destroyed all credible institutions, including political parties. '

www.nytimes.com/2013/03/15/opinion/a-dictators-last-laugh.html?emc=eta1&buffer_share=835dc&utm_source=buffer&_r=3&

otherwise no mob can now take over power since many Kenyans know even RAO is a branch of the old tree, Kanu. and after being party to 2007/2008 PEV and still having IDPs not resettled up to now, former head of Public Service and secretary to the Cabinet, Muthaura having had all witnesses dead or recanting...again old Ngugi is spot on...'A self-isolated middle class cruises in luxury above a sea of poverty. Nairobi’s skyscrapers and opulent hotels dazzle the foreign observer’s eye, while blinding it to the shacks, broken roads and unfinished World Bank projects.'

so that which is contained in the Associated Free Press article will continue playing out

[podp]

Mar 15, 2013 21:57:58 GMT 3 Horth said:

Mar 15, 2013 19:22:13 GMT 3 furaha said:

The mob is growing.

Have you read Omwenga's open letter to the CJ?

something from African Confidential

'Since the security forces will still be out in force when the Supreme Court gives its verdict, it seems likely that Kenya will remain largely peaceful. The election has not healed the country, though, or built bridges between its ethnic groups. CORD supporters from politically marginal constituencies feel that they have again lost out unfairly to the Kikuyu and Kalenjin, the two groups that had already held the presidency. Resentment and a long list of historical injustices increase the prospects for unrest. Yet CORD candidates won contests for governor and senator in prominent areas such as Nairobi. Losing nationally but winning locally may make the outcome more palatable.CORD has good reason to contest the results but its petition may not be upheld. Its argument rests on four main points: firstly, unexplained changes to the electoral register between December and January appear to have added names in Jubilee strongholds and reduced them in CORD ones. Secondly, the technological breakdown left the system vulnerable to manipulation. Thirdly, party agents and election observers were removed from the main tallying centre overnight on Wednesday, when many results were announced. Finally, the IEBC failed to respond to requests for information.'

in the above no mob is growing unless you leave in another planet and not Kenya the beloved. just as in 1963 the Kikuyus and Luos ganged, so too have the Kikuyus and Kalenjins gagged up now in 2013. the 50 year celebration will be a jUbilee year for the 'mob' to continue the betrayal of 50 years ago. but who are the godfathers? and how did USA for example drive the 'mob' deep underground?

[Omwenga]

Mar 15, 2013 23:53:59 GMT 3 podp said:

Mar 15, 2013 21:57:58 GMT 3 Horth said:

Mar 15, 2013 19:22:13 GMT 3 furaha said:

The mob is growing.

Have you read Omwenga's open letter to the CJ?

something from African Confidential

'Since the security forces will still be out in force when the Supreme Court gives its verdict, it seems likely that Kenya will remain largely peaceful. The election has not healed the country, though, or built bridges between its ethnic groups. CORD supporters from politically marginal constituencies feel that they have again lost out unfairly to the Kikuyu and Kalenjin, the two groups that had already held the presidency. Resentment and a long list of historical injustices increase the prospects for unrest. Yet CORD candidates won contests for governor and senator in prominent areas such as Nairobi. Losing nationally but winning locally may make the outcome more palatable.CORD has good reason to contest the results but its petition may not be upheld. Its argument rests on four main points: firstly, unexplained changes to the electoral register between December and January appear to have added names in Jubilee strongholds and reduced them in CORD ones. Secondly, the technological breakdown left the system vulnerable to manipulation. Thirdly, party agents and election observers were removed from the main tallying centre overnight on Wednesday, when many results were announced. Finally, the IEBC failed to respond to requests for information.'

in the above no mob is growing unless you leave in another planet and not Kenya the beloved. just as in 1963 the Kikuyus and Luos ganged, so too have the Kikuyus and Kalenjins gagged up now in 2013. the 50 year celebration will be a jUbilee year for the 'mob' to continue the betrayal of 50 years ago. but who are the godfathers? and how did USA for example drive the 'mob' deep underground?

Africa confidential only has this analysis partially right and in particular with respect to what the basis of the petition is...I realize this is only an excerpt but the way its presented appears to be the essence of their assessment.

They will reassess once the petition is filed and they get hold of it.

[foresight]

Omwenga

I read your optimistic open letter to the Chief Justice... You echoed my exact sentiments with your statement quoted below..

"We have the faith and confidence Your Honors shall rise to the occasion and render as good and apt decision as one can be rendered considering only the evidence and the national interest" 

You also said that "how the Court decides on the main petition to be filed by Cord will be a test of whether the court has reformed and established itself to the point its decisions can be accepted as authoritative, legitimate and unbiased by both sides of the case or not, whether they agree with it or not"

That in my view will be the biggest challenge the Supreme court will face, already tensions are already high and communities polarized..

One question though.. why do you believe that "a unanimous decision one way or the other will be the best outcome" ?

I doubt whether a unanimous decision whichever way will convince the the already divided country to unite... I see that happening when the president is installed and he immediately undertakes to transcend those ethnic barriers by preaching national unity.... Not forgetting prayers..

 So like you put it "One would have to assume and believe neither of these vices have found or can find their way to our relatively newly minted Supreme Court and lower courts undergoing reforms" and we  cannot cripple ourselves to stagnation in development and progress on account of tribalism.

Thumbs up for this  next statement..

"It’s that distinction and your commitment to judicial excellence that gives us all who care deeply about our beloved country hope that whatever decision you reach in connection with the petition challenging the presidential tally following the March 4th election will be for the good of the country and must be accepted by those who have her interests at heart"

Indeed...no  amount of jurisprudential excellence is ever guaranteed freedom from criticism or condemnation.

[foresight]

Podp

It is so true that "the election has not healed the country or built bridges between its ethnic groups... It is also true that resentment and a long list of historical injustices increase the prospects for unrest. 

But what do you make of this "CORD has good reason to contest the results but its petition may not be upheld"

CORD lawyers believe that what they hold as evidence is way beyond what Africa confidential reports.

[foresight]

Latest..

DEMOCRACY ON TRIAL FOR next 14 days

1) Cord asks supporters to keep vigil and wear white T-shirts daily until Court rules.

2) A peace campaign to run parallel to its election petition.

3) Supporters don white T-shirts bearing peace messages as the campaign dubbed ‘Democracy on trial’ runs over the next 14 days.

4) Those unable to wear the T-shirts to wear white arm bands or lapel pin ribbons.

5) The programme WILL NOT BE DEMOSTRATIONS...but will involve prayer vigils across the country for the entire period of the case.

“These vigils will specifically pray that the truth will stand out at the Supreme Court case, for wisdom and courage for our judges and for peace across the country as justice is sought,” said Ms Joyce Wanjala Lei, Taita Taveta women representative-elect in a statement.

www.nation.co.ke/News/politics/Raila-calls-for-prayer-and-fast/-/1064/1721304/-/q3rffc/-/index.html

 
 

[mank]

Mar 15, 2013 15:52:00 GMT 3 mwalimumkuu said:

Sadik,

I have different reasons as to why the filing was postponed and I can see Foresight has already posted a totalky different set of reasons. So which is which?

Perhaps because a Saturday is likely to see more people on the streets than a Friday.

[foresight]

And  In other developments...

1) The Coalition for Reforms and Democracy (Cord) says initial scrutiny of the presidential poll results has uncovered multiple discrepancies.

CORD OFFICIAL QUOTE ...“We don’t want to go to court without solid evidence because we’ll be putting the Supreme Court in a difficult place. That is why we want to go through all the documents from the entire country and build our case,” 

2) Officials of the coalition said more glaring errors had been unearthed — which has strengthened their case expected to be filed at the Supreme Court on Saturday.

3) “It would be imprudent to disclose evidence that we have gathered so far, but our case is water tight,” Dr Simiyu Eseli, Tongareni MP-elect, said.

4) after the photocopying of Forms 34, 35 and 36 showing results they took the documents to an undisclosed location for further authentication.

5) forms for all constituencies had been photocopied and were being examined by a team of legal experts.

www.nation.co.ke/News/politics/Poll-results-show-anomalies-in-data-for-top-candidates/-/1064/1721302/-/item/1/-/jy5mqm/-/index.html

[Omwenga]

Mar 16, 2013 2:59:33 GMT 3 foresight said:

Omwenga

I read your optimistic open letter to the Chief Justice... You echoed my exact sentiments with your statement quoted below..

"We have the faith and confidence Your Honors shall rise to the occasion and render as good and apt decision as one can be rendered considering only the evidence and the national interest" 

You also said that "how the Court decides on the main petition to be filed by Cord will be a test of whether the court has reformed and established itself to the point its decisions can be accepted as authoritative, legitimate and unbiased by both sides of the case or not, whether they agree with it or not"

That in my view will be the biggest challenge the Supreme court will face, already tensions are already high and communities polarized..

One question though.. why do you believe that "a unanimous decision one way or the other will be the best outcome" ?

I doubt whether a unanimous decision whichever way will convince the the already divided country to unite... I see that happening when the president is installed and he immediately undertakes to transcend those ethnic barriers by preaching national unity.... Not forgetting prayers..

 So like you put it "One would have to assume and believe neither of these vices have found or can find their way to our relatively newly minted Supreme Court and lower courts undergoing reforms" and we  cannot cripple ourselves to stagnation in development and progress on account of tribalism.

Thumbs up for this  next statement..

"It’s that distinction and your commitment to judicial excellence that gives us all who care deeply about our beloved country hope that whatever decision you reach in connection with the petition challenging the presidential tally following the March 4th election will be for the good of the country and must be accepted by those who have her interests at heart"

Indeed...no  amount of jurisprudential excellence is ever guaranteed freedom from criticism or condemnation.

Thanks Foresight,

I am certain we're not alone in this thinking and it's my sincere hope the message resonates with the CJ and his colleagues at the bench.

As to your question why I believe a unanimous decision is the best outcome, it's really for the same reasons you have articulated for uniting the country, given that unanimous decision will leave little room for the divisive type to exploit but am with you as well once a new president elected in an open and transparent election is sworn, he or she can accomplish the same by doing as you suggested.

[kamalet]

Mar 15, 2013 19:22:13 GMT 3 furaha said:

Mar 15, 2013 18:35:14 GMT 3 kamalet said:

According to a tweet I just saw, it says the procession to take the petition to the supreme court will start at Uhuru Park at 8.00 a.m.

You may want to ask why should a petition be escorted to the supreme court unless there is aplan behind it??

I can reveal the plot for you!

Crowds gather at Uhuru Park and the politicians and the lawyers show up. Police show up and ask the crowd to disperse. At this time and in the confusion it is claimed that the papers to the petition go missing during the commotion which means the petition could not be filed because of the police disruption!!

Unfortunately this will not happen and they better come up with a better plan!

Just like this morning, the police will stop the crowds from as far back as Kibera, ring all of Uhuru Park to ensure no one gathers there and the lawyers will have no option but to take their petition without the crowds to the court where we all know what will happen when the contents are declared....!!

Kamalet,

Since you have announced your impending retirement why don't you consider becoming a fiction writer in your retirement??

Seriously, I take exception to this kind of suggestive writing. The situation is difficult enough as it is. If you want to make a contribution please do it with a sober mind and on the basis of facts. I have often appreciated your inputs but during the last few weeks you seem to have flicked a switch.

Please read the article from the Associated Press that I am copying below.

Furaha



Online war erupts in Kenya after peaceful vote
Associated Press -

Tribal lines are being drawn over who won Kenya's presidential election. But unlike the bloody violence that scarred the country five years ago, this time the only fighting is online.

Machete strikes and bows and arrows are being replaced by bitter Tweets and angry status updates.

The exchange of barbs between supporters of Deputy Prime Minister Uhuru Kenyatta — who was named the winner of the March 4 election with 50.07 percent of the vote — and his closest competitor, Prime Minister Raila Odinga, has degenerated into expletive-filled fights in social media that have the government worried.

The Ministry of Information and Communications said this week that it has been unable to contain "the ugly messages of hate and negative ethnicity" online. It said many of the messages qualify as hate speech.

Some officials worry that the virtual feuding could trigger real-life fighting.

"The outrage is becoming wider and the tension is palpable. It's going to erode all our efforts of building national cohesion," Milly Lwanga, vice chair of the government-funded National Cohesion and Integration Commission, told The Associated Press on Thursday. "The buildup of tension, it's like a room where gas is leaking slowly and then eventually there will be something small to ignite it and people will wonder where the explosion came from."

After Kenya's disputed presidential vote in late 2007, Odinga's supporters took to the streets. Tribal violence erupted, resulting in the deaths of more than 1,000 people.

Odinga's camp said the prime minister will file a petition with the Supreme Court on Friday to overturn the election results. Odinga alleges the election was rigged.

"We are dealing with criminals who should not be in State House but in prison," Odinga said Thursday of his opponents. But, significantly, he is urging his supporters to stay calm as his case is heard in court.

No major violence has been reported, but the interactions are ugly online. Ethnic allegiances are exposed and ridiculed. Kenyatta's tribe — the Kikuyus — and Odinga's tribe — the Luos — clashed violently five years ago.

"Mmm! Kikuyus r thieves by default. There is nowhere on the planet earth, where a kikuyu works without stealing. Its embedded in their DNA. Kill all of them n Kenya will be a pleasant country to live in," a post on Facebook by one user, Phil Miser, read.

A user named Susan Karanja replied to the tribal taunt from Miser: "We may be thieves but we are also enterprising. No wonder we employ u to use (your) brains in our jobs coz u dont use (yours) to better (your) lives n that's the way it is. We run u not vice versa so swallow it."

One popular online forum in Kenya, mashada.com, was taken offline before the election, presumably because of hate-filled postings on the site. A Facebook group called Stop Raila Odinga Now has more than 20,000 members. One recent comment was addressed to Luos and Kambas, another ethnic group: "All your provinces do is give this nation violence, war, thieves, mad people and is that yous."

Gordon Mutugi, a 31-year-old public relations specialist, said that many people have stopped following him on Twitter because of his support for Kenyatta. Mutugi said many of his followers have branded him a tribalist.

The hate messages are being exchanged mainly between members of three communities, said Lwanga. The Kikuyus, the Luos and the Kalenjins, the tribe of William Ruto, Kenyatta's running mate. The National Cohesion and Integration Commission has bloggers monitoring the discussions who interject with "sober" comments to try to calm the exchanges down, Lwanga said.

In 2007, Kenyans sent out hateful phone text messages but it was before social media, such as Twitter, had really taken hold, she said.

Though Kenyan leaders appear to have prevented a repeat of the 2007-08 violence this election — at least so far — the way voters cast ballots remained largely the same: Kenyatta won overwhelming support from Kikuyus and practically none from Luos. It was the same — in reverse — for Odinga.

"It is a reflection of the way campaigns were conducted to galvanize the support around one tribal affiliation," Lwanga said.

Lwanga said the national cohesion commission is trying to trace people who post hate messages so that they are prosecuted. Hate speech carries a fine of around $12,000 or imprisonment for up to three years, or both. Recently the government has made all Kenyans register their phone numbers with the Communication Commission of Kenya, which should make it easier to track perpetrators. She said her group also tried working with the National Police Service's Cyber Crime Unit to block sites filled with hate speech but realized it was not working because the perpetrators would set up another site almost immediately.

The commission is asking Twitter and Facebook to remove hate-filled comments, she said. It defines hate speech as the use of threatening, abusive or insulting words or behavior that stirs up hatred or is likely to stir up ethnic hatred.

The 2007-08 postelection violence following a disputed election and the declaration that President Mwai Kibaki — a Kikuyu — had won a second term exposed deep tribal animosity that had built up for generations. Problems between the Luo and Kikuyu community started soon after independence from Britain in 1963, when Odinga's father — the first vice president of the country — had a falling out with Jomo Kenyatta, Uhuru Kenyatta's father and the country's first president.

That set off decades of bad blood between the Kikuyus and Luos. Inter-tribal marriage became taboo.

Bitange Ndemo, the permanent secretary at the Ministry of Information and Communications, said on Twitter on Thursday that the ministry has noted the concerns regarding hate speech on social media, "and we are working overdrive to control it."

Research published last year by Kenya-based Portland Communications and Tweetminster found that Kenyans use Twitter more than any country on the continent except for South Africa.

Furaha

Unlike some people here who would not bat an eyelid when lying, I do not and have not seen reason to. When I talked about tweets calling on people to Uhuru park to escort the petition that was a fact.

I am sure if you look at the cord friendly tweeters such loudmouth Alai, you will find reports of Freedom Corner being ringed by Police and it being a no go area.

Now you called me out for a liar......where is the lie? You do not have to apologise for I get such accusations frequently enough!

[foresight]

Summary Critical questions to IEBC By SATURDAY NATION 

As the far-reaching implications of the commission’s failure becomes clear, concern is mounting over the management of its information technology system, poor preparation of election officers in the run-up to the polls and whether, in its present form, it can be trusted to conduct future elections. The IEBC has been running a media campaign asking Kenyans to trust them and accept the presidential results that they announced on March 9. But  first they answer some difficult questions for the things that went wrong.

We have interviewed experts and done some preliminary data analysis and, starting with the Biometric Voter Registration system, here are some critical questions for the IEBC.

Question one- Does the IEBC believe it met its assurances to Kenyans that it had put in place mechanisms for preventing people from voting twice?

When fully functional, a BVR kit does three things. One, it provides a fool-proof register of voters. Two, it automatically subtracts from the main national register voters who have voted and thus provides a running tally of total votes cast. Three, it centrally integrates the register so that multiple voting becomes physically impossible. 

None of these features worked on voting day.

Question two- Were the results from some polling stations cancelled, or were they aggregated into constituency totals, thus making over-voting became undetectable?

Long before the servers supposedly crashed on Monday night, the problems of the Results Transmission System had become clear.

Many of the mobile phones to be used to transmit were not configured in advance. And even when they were configured, they were not tested in advance. 

So the question here is, were the servers all configured and tested in advance? Even more critical, was there redundancy in the system? 

One of the most striking admissions was the statement by the IEBC that the large number of rejected voters initially announced arose from the fact that the system was multiplying rejected results by eight.

Question three- Variations between presidential totals and parliamentary totals

No evidence has been offered to prove this, but if this is true can the IEBC confirm or deny whether such disparity exists? 

Even though in presidential systems the votes for the president are often higher than those of other elected officials in the same election, in Kenya this should not be, principally because of the reforms arising from the crisis in 2007. 

When Justice Kriegler reviewed the systemic failures that led to the crisis in 2008, he was told that the suspiciously high variations between presidential and parliamentary votes was evidence of rigging.

Question four- Why was there a consistent gap between results for the top two candidates for some time?

Watching the IEBC results from Friday afternoon, it was soon obvious that there was a pattern both to the reporting as well as to the results themselves. Just how patterned these results were became evident when analysts plotted the IEBC results of the top two candidates on a graph.

Question 5- Internal arithmetic inconsistencies

There were five critical numbers that were shown on the IEBC results board: the total votes cast; the number of rejected votes; the number of valid votes and the sum of individual candidates votes.

If the IEBC numbers are correct, we should be able to confirm them by reverse calculations. 

So analysts did that and promptly discovered that the results did not tally..

Why did the IEBC not use just a simple spreadsheet to confirm that their numbers did actually add up?

Question 6 Why was the Voter Register never uploaded on the IEBC website?

One of the arguments for a Biometric Voter Register was that the manual register was too easily abused. Kenya went into elections 2013 without an official register of voters. The Elections Act requires the IEBC to compile and maintain a register of voters. 

The Act also requires that not later than two months before holding of general elections, the registration of voters shall cease.

This situation raises a number of other questions, among them: since there was no authoritative version of the register, what was used to conduct the elections?

Was it one of the interim versions or the (unpublished) final register?

Read the full version here....

www.nation.co.ke/News/politics/-/1064/1721284/-/b00yj4/-/index.html
 

 

[furaha]

Mar 16, 2013 9:34:44 GMT 3 kamalet said:

Mar 15, 2013 19:22:13 GMT 3 furaha said:

Kamalet,

Since you have announced your impending retirement why don't you consider becoming a fiction writer in your retirement??

Seriously, I take exception to this kind of suggestive writing. The situation is difficult enough as it is. If you want to make a contribution please do it with a sober mind and on the basis of facts. I have often appreciated your inputs but during the last few weeks you seem to have flicked a switch.

Furaha

Unlike some people here who would not bat an eyelid when lying, I do not and have not seen reason to. When I talked about tweets calling on people to Uhuru park to escort the petition that was a fact.

I am sure if you look at the cord friendly tweeters such loudmouth Alai, you will find reports of Freedom Corner being ringed by Police and it being a no go area.

Now you called me out for a liar......where is the lie? You do not have to apologise for I get such accusations frequently enough!

Kamalet,

I did not call you out for a liar and you know it. Why all these efforts to distort what people are saying instead of debating the facts? It is becoming very cumbersome.

What I did say is that you should refrain from insinuating on Friday what might happen on Saturday, i.e. that there would be clashes and that CORD would lose its hard copy of the petition in the process. That does not help anyone. It just feeds the fire. If we all believe what people from both CORD and Jubilee say on Twitter we would find ourselves in dire straits.

Furaha

[deyiengs]

The lead counsel for CORD George Oraro has just been interviewed on KTN and boy! did he sound confident! I will just love to for the day of hearing to begin.

[mwalimumkuu]

I have just seen a summary of the petition in the standard digital paper and I want to declare with a very high degree of certainty that the case is not as water tight as we were made to believe. It is a very weak case, in fact it can be heard and thrown out in two-three days. Kazi iendelee.

[kamalet]

Mar 16, 2013 13:50:16 GMT 3 mwalimumkuu said:

I have just seen a summary of the petition in the standard digital paper and I want to declare with a very high degree of certainty that the case is not as water tight as we were made to believe. It is a very weak case, in fact it can be heard and thrown out in two-three days. Kazi iendelee.

The only arguable issue is the voter register, but they are conveniently saying that the final register was not certified whilst this was done 18th February and a declaration that it was available online made in the notice.

So it effectively rubbishes all allegations of excess voters.

I agree, it is not as watertight....

[Daktari wa makazi]

Mar 16, 2013 13:56:22 GMT 3 kamalet said:

Mar 16, 2013 13:50:16 GMT 3 mwalimumkuu said:

I have just seen a summary of the petition in the standard digital paper and I want to declare with a very high degree of certainty that the case is not as water tight as we were made to believe. It is a very weak case, in fact it can be heard and thrown out in two-three days. Kazi iendelee.

The only arguable issue is the voter register, but they are conveniently saying that the final register was not certified whilst this was done 18th February and a declaration that it was available online made in the notice.

So it effectively rubbishes all allegations of excess voters.

I agree, it is not as watertight....

What really matters is what the Court decides, not you, guys. Ama!

[mwalimumkuu]

Mar 16, 2013 13:56:22 GMT 3 kamalet said:

Mar 16, 2013 13:50:16 GMT 3 mwalimumkuu said:

I have just seen a summary of the petition in the standard digital paper and I want to declare with a very high degree of certainty that the case is not as water tight as we were made to believe. It is a very weak case, in fact it can be heard and thrown out in two-three days. Kazi iendelee.

The only arguable issue is the voter register, but they are conveniently saying that the final register was not certified whilst this was done 18th February and a declaration that it was available online made in the notice.

So it effectively rubbishes all allegations of excess voters.

I agree, it is not as watertight....

Kamale,

I think Raila was cheated in the heat of the moment and he emotionally and blindly declared that they were going to court before looking at all the information available. Having already tired themselves to the process, they had to get something, anything to take to Mutunga. What a waste of the Kenyans time. Bure kabisa hii watu.

[Omwenga]

Mar 16, 2013 14:12:40 GMT 3 mwalimumkuu said:

Mar 16, 2013 13:56:22 GMT 3 kamalet said:

The only arguable issue is the voter register, but they are conveniently saying that the final register was not certified whilst this was done 18th February and a declaration that it was available online made in the notice.

So it effectively rubbishes all allegations of excess voters.

I agree, it is not as watertight....

Kamale,

I think Raila was cheated in the heat of the moment and he emotionally and blindly declared that they were going to court before looking at all the information available. Having already tired themselves to the process, they had to get something, anything to take to Mutunga. What a waste of the Kenyans time. Bure kabisa hii watu.

;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D

Let me rest my ribs.

In a way, I can understand the exasperation knowing the facts and law are on Cord's side the best the other side can do is to resort to comical reasoning like this.

BTW, Mwalimumkuu, have you read this excellent analysis by of all papers the Daily Nation that not only exposes IEBC's incompetence but actually provides the foundational basis upon which the Cord case is predicated topped only be overwhelming and clear evidence of widespread and deep rigging?

What should be worrisome to Jubilee and we know they know and are resigned to the fact even as they desperately scramble to find ways to prevent the inevitable, which they can't, the DN has come up with the exact same analysis as you would see featured in the Cord petition, which obviously points to the simple truth and that's IEBC conducted the elections in exactly the same manner and with the same vulnerabilities leading to fraud as was the case in 2007 the only question is who were the culprits that made this possible despite nearly 5 years of preparation and almost Kshs 10 billion expended on the prep and how much time they will do in jail upon conviction for election crimes.

The Many Questions The IEBC Needs To Clear With Kenyans Over Elections www.nation.co.ke/News/politics/-/1064/1721284/-/item/0/-/neshy5z/-/index.html

[Omwenga]

Mar 16, 2013 13:50:16 GMT 3 mwalimumkuu said:

I have just seen a summary of the petition in the standard digital paper and I want to declare with a very high degree of certainty that the case is not as water tight as we were made to believe. It is a very weak case, in fact it can be heard and thrown out in two-three days. Kazi iendelee.

This is akin to a burglar noting he has inspected a premise and determined its security features and alarm system are superb; believe that at your own peril.

Wiser counsel is you better believe the opposite and hasten to do the necessary before the same burglar strikes.

[Omwenga]

Mar 16, 2013 14:02:06 GMT 3 Daktari wa makazi said:

Mar 16, 2013 13:56:22 GMT 3 kamalet said:

The only arguable issue is the voter register, but they are conveniently saying that the final register was not certified whilst this was done 18th February and a declaration that it was available online made in the notice.

So it effectively rubbishes all allegations of excess voters.

I agree, it is not as watertight....

What really matters is what the Court decides, not you, guys. Ama!

Sadik,

You can say that again but note the anxiety and panic on their side knowing they cannot do anything to prevent the inevitable and that's the nullification of the bogus results announced by the obviously compromised IEBC that Uhuru won when he, in fact, did not.

The evidence of widespread and deep rigging is simply too overwhelming for any other outcome.

[deyiengs]

I'm now seeing a trend. Was the media silenced? Or are they just pretending to be suddenly asking tough questions? Did they have a peek into CORD's petition such that they're now all out there asking these so called "tough" questions? Why now? why not then?

Here is another one.

IEBC had a debacle and should take full responsibility for failure

The management of elections 2013 has exposed glaring weaknesses on the part of the newly formed Independent Electoral and Boundaries Commission.

There is now a strong case for bringing accountability for these failures irrespective of the outcome of the presidential election petitions.

Firstly, the IEBC handled the registration of voters very badly, maintaining and applying multiple registers in relation to the elections.

The IEBC issued a provisional register in December 2012 and a final register in February, a few days before the elections.

However, the IEBC used yet another register when releasing the results. None of the registers speaks to the others.

It is clear the very large voter turnouts in the presidential elections have given the IEBC problems and one of the reasons for fiddling with the register may be so as not to exceed 100 per cent turnout in the affected areas.

Further, in a move that appears to have been politically motivated, the IEBC deleted large numbers of voters from the register and also added equally large numbers.

While the total number of registered voters in the country remained unchanged, there were regional shifts in the numbers of registered voters, creating systemic unfairness in the elections long before the first vote had been cast.

...

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