LEAK OF CORD PETITION SUMMARY

http://petitionleaks.com/2013/03/25/leak-of-cord-response-details/

Posted: March 25, 2013 in Uncategorized

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MEDIA ADVISORY: SUMMARY OF THE CORD PETITION –

In keeping with a policy to keep the public informed on the progress of the CORD Petition, the campaign’s legal team will keep an open channel of communication with both local and international media on pertinent issues that relate to the same

This is an advance media copy of the CORD presentation that indicates the make-up of their petition and the evidence to be adduced in court.

1. 1.      TALLYING – UHURU VOTES WERE INFLATED
2. 2.     TALLYING – RAILA VOTES WERE TAMPERED WITH & REDUCED
3. 3.     ELECTRONIC VOTING – IEBC EXPLAINATIONS NOT FACTUAL
4. 4.     VOTER REGISTER IEBC DID NOT PUBLISH A FINAL REGISTER

The Coalition for Reforms and Democracy intends to present in its petition what it terms discovery of “a scheme of inflation of Uhuru Kenyatta’s votes and reduction of Prime Minister Raila the Petitioner’s votes in the course of;

In an affidavit sworn by Janet Ongera, the Executive Director of the Orange Democratic Movement, CORD presents its analysis of instances where the Uhuru Kenyatta’s votes were inflated when the entries in Forms 34 and the corresponding entries in form 36 are compared.

a)     Transfer of figures from form 34 to form 36:

CORD provides several examples where some polling stations out the 33,000 polling stations show that numbers entered in IEBC Form 34 changed when they were logged into Form 36.  Mogongo Primary School polling station in North Mugirango Constituency shows an original Form 34 figure of 3 votes for Uhuru entered as 236 on Form 36, an additional difference of 233 votes. Lemelepo Water Project polling station in Kajiado North Constituency shows that while Form 34 originally indicated 2740 for Mr Kenyatta, this figure increased by 264 votes to a total of 3004 in Form 36.

CORD also quotes similar examples from Garsen, Igembe Central, Chuka Igambang’ombe, Manyatta, Ol Jorok, Mukurweini,  Kabete, Kapseret, Tinderet, Tiaty, Kajiado North, Chepalungu, Konoin, Luanda, Funyula among others.

b)    Addition of figures within form 36 in the Final Tally:

The affidavit by Janet Ongera, also presents cases of where the Form 36 entries were further altered to inflate Uhuru Kenyatta’s votes in the Final Published National Tally at Bomas of Kenya.

Quoting examples from Kisauni, Tigania East, South Imenti, Runyenjes, Mavoko, Othaya Nyeri Town, Kiharu, Lari, Kajiado West, Lurambi, Hamisi, Mr Elgon

Webuye West, Seme, North Mugirango among others, CORD will present in court what they term a “scheme of inflation” of Uhuru’s votes in the figures announced in Bomas.

Among quoted examples is Lari Constituency where results entered at the Constituency tallying centre and the ones announced in Bomas show an increase of 1,367 for Uhuru Kenyatta. South Imenti is shown to have announced 62,481 at the Constituency’s Form 36 and 63,271 at Bomas National tally giving Uhuru Kenyatta 790 additional votes.

CORD will also present Kisauni  as a case where Uhuru Kenyatta gained an additional 528 votes as while Form 36 indicates 10366, the announcement at Bomas indicates 10894. CORD will also present Mt Elgon as another example where Uhuru gained an extra 500 votes. Form 36 shows 28,786 while the Final Tally shows 29,286.

c)    Reduction of Raila Odinga’s Votes

CORD Petition will also present evidence where Raila Odinga’s votes were reduced in Form 36 logs (Constituency results) in spite of Form 34 (Polling Station Results) indicating he had a higher number of Votes.

CORD will quote examples from 38 constituencies where Raila Odinga’s results at the polling stations (Form 34) were tampered with and reduced when the final constituency results were lodged into Form 36.

Among the 38 constituencies are Kisauni, Bura, Matayos, Tigania West, South Imenti, Manyatta, Runyenjes, Kitui, Makueni, Mathira, Juja, Nyeri Town, Turkana Central, Samburu, Aldai, Tiati, Baringo Central, Laikipia West, Laikipia East, Kajiado North, Chepalungu, Mumias East, Shinyalu, Luanda, Emuhaya, Sirisia, Webuye West, Tongaren, North Mugirango, Othaya, Roysambu among others.

d)   Use of Electronic Voting

The CORD Petition will also present a case that shows that

1.       i.            the use of technology in the elections was intended to act as a check and control system and its failure affected the results fundamentally.
2.      ii.            that the explanations given by the IEBC downplaying the failure of the system and its effect on the elections “takes the common intellect of the people of Kenya for granted”
3.     iii.            that the IEBC explanations about the failure of the system are not factual

The CORD Petition will also present evidence by Technology experts whose testimonies show that;

Kencall Relationship with IEBC and TNA compromised data management.

a)     Kencall EPZ used a single IP address 196.1.26.40 for both the IEBC and Uhuru’s Kenyatta’s TNA. In its evidence CORD says Nicholas Alexander Nissbit (A Kencall Director) does not deny the fact that both the IEBC and TNA were hosted and operated on a single IP address as has been claimed by CORD. They also will provide proof that Kencall EPZ Limited, in reality was a call centre that was used as a gateway that linked the First Respondent’s database titledAfrican Focus and accessed through the following web address or URL https://www.intranet.kencall/apps/iebc and The National Alliance (TNA) database known as Market Race CRM and accessed through the web address or URLhttps://www.intranet.kencall/apps/tna.

b)     The IEBC by agreeing to this arrangement compromised the elections on the basis of requirements for a an impartial, neutral, transparent, efficient, accurate, accountable and verifiable manner.

IEBC System Failure Explanation – NOT FACTUAL

a)     Claims made by the IEBC have no basis whatsoever as regards to alleged failure of the technology according to CORD’s expert witness affidavits. One expert describes the IEBC claim that the server failed as “entirely preposterous”.

b)     CORD’s Spanish expert’s affidavit describes as either “pure fiction” or “entirely inconceivable” IEBC’s  claim that the batteries of the hand held devises used at the polling stations for bio metric identification of voters either failed or were not charged or could not hold charge for a sufficient period of time

c)      The CORD experts’ affidavits will also present evidence to show that IEBC claims that the transmission system failed due to data overload has no basis in technology terms in this day and age.

d)     CORD also questions IEBC claims that their officers has forgotten passwords as not making sense as there exists mechanism in place for password reminders which standard technology industry practice as seen worldwide on social network websites like Facebook etc

e)     CORD will also present a sworn affidavit by an International Technology expert who states “This system in my personal knowledge has the capability to deliver up the election result within a period of around 4 hours with very negligible error”.

Voter Registrar:

The CORD Petition will also present a case that shows that

i.            IEBC has failed to present a closed register for the March 4^th Elections.

1.      ii.            IEBC resolve that “a special register is to be generated and will be used to allow the voters to vote” but never presented any proof or minutes of a meeting where this special register was finally approved and when it was gazette.
2.    iii.            A questionable voters’ register cannot be a foundation of a free and fair election conducted in accordance with the law.
3.     iv.            IEBC own staff and figures show incidents where IEBC allowed votes that exceeded the number of the registered voters. This latter category of incidents include; Lomerimeri polling station in Tiaty Constituency where the form 36 itself shows 68 registered voters against 163 valid votes cast; King’atua Primary School in Lari Constituency where the form 36 itself shows 319 registered voters against 762 valid votes cast; Boroon Primary School in Marakwet West Constituency where the form 36 itself shows 218 registered voters against 228 valid votes cast.

CORD petition through various documents finally seeks to present evidence that President Elect Uhuru Kenyatta crossed the 50 + 1 threshold through inaccurate tallying and unwarranted additional votes

 **ENDS**

 PETITION COMMUNICATION TEAM LIAISON

 NB: Further updates can be obtained from the following petition related sites

 Petition Site: http://kenyademocracyontrial.com/

 Twitter: @Kenya_Democracy (https://twitter.com/Kenya_Democracy)

 You Tube Downloads: KDemocracyOnTrial (https://www.youtube.com/user/KDemocracyOnTrial)

Facebook:  (http://www.facebook.com/pages/Kenya-Democracy-On-Trial/349964425122713)