The Supreme court has ordered re-tallying of presidential votes in 22 polling station.
The court also demanded to be furnished with all form 34 and 36 from the 33 400 and 291 polling stations respectively. Re-tallying results should be submitted to the court by Wednesday 4 pm. The petitioner and the respondents to nominate 10 representatives each to to act as agents during the exercise. Supreme court justice Dr. Smokin Wanjala ruled that the agents will take the secrecy oath. He also said the court registrar will determin the venue of the exercise which should be communicated to the parties tonight.
The court also rejected the application submitted by the Law Society of Kenya (LSK) on partisan grounds. Litigants from the two opposing sides all claimed LSK appeared to be partisan, and so its inclusion as a friend of the court might damage the outcome. But the same application presented by Attorney General Githu Muigai was granted.
Supreme court judges during the pre-trial conference today
The court through justice Njoki Ndungu outlined the timeline allotted both the petitioners and the respondents, and warned each party to go with the proscribed timelines. Lady justice Ndungu warned parties that the court did not have the luxury of time and so each parties will not be allowed to extend their time completely.
CORD’s lawyer George Oraro presented additional 900 hundred page affidavit, which spurred sharp criticisms from the respondents saying the affidavits were late and so they should be ignored. But Oraro defended his decision arguing he did not present any new evidence, but rather additional substantive pleadings.
A few days after the results of the just concluded heavily contested elections were announced, Uhuru Kenyatta who was declared presidential race winner was awarded a certificate as the law says and while he was giving his acceptance speech at the Catholic University, his political rival on the other hand was addressing a press conference in which he expressed his displeasure in the manner in which the IEBC (electoral body) conducted the elections and particularly the presidential elections. He told the nation that he was moving to the courts to contest the results since they now had trust in the Judiciary and that his supporters should be calm for they have sufficient evidence to see them through in court. He also added that they should not involve themselves in any unlawful acts since someone somewhere has been provoking the masses top riot so that they can use that against the Cord team.
Many international and Local media stations had camped in Kibera and specifically in Kamukunji awaiting to cover any form of violent activities but their luck did not come this time as they were met with more relaxed, calm residents as much as there was some tension here and there as expected.
Why would these Journalists be interested in covering only the violent stories? Where were they when everything was going on during the Election Day? Does it mean that only bad news from Kibera make news for them? Do they have disk space on their cameras for any good news coming from Kibera as well? These are some of the questions that kept coming in the mind of my colleague and I as we sought we reminded ourselves of the role we had so far played in saying it as it unfolded to avoid the bias that had been witnessed in the 2007 elections.
Talking about the Good and Bad stories…;
Food stores in Toi market were nowhere to be seen as the stalls were seen empty which made it difficult for residents to access this basic commodity and if they did it was at a higher price that the usual price. The good thing is that, there was distribution of food in some parts of Kibera to residents but from the information I received it was not clear as to who provided the food. In Kianda the distribution was characterized by long queues of women who were excited about the offer knowing that they will be able to get a share to take home with them.
The strong getting the food even before its offloading
It was very unfortunate at Dc’s office though, because during the distribution, residents in hundreds flocked the venue to benefit from the free food that was being offered. Fighting over the evident scarce resource started as there was no one managing the long lines. It even got worse when a mother who was carrying a baby all succumbed to death at that place over the relief food where everyone was struggling to get for himself/herself. Their fate (mother and child) were however not lucky as the greedy crowd stumbled over them as they sought to get the food thereby losing their dear lives.
In a separate incident, a woman was also taken to hospital after she was beaten up at the 42 bus stage after they engaged in an argument that had arisen among themselves as they were receiving relief food.
Laini Saba District Officer Mr. Hezbone Khayeti spent the better part of the day, today in a closed door meeting together with political and opinion leaders from different ethnic communities to discuss the brewing tension in Kibera. The tension is said to be caused by delayed presidential results.
GSU police officers at in Olympic estate, Kibera recently
Voice of Kibera team contacted Administration Police Inspector at Nyayo High-rise District Officer’s camp, and his response was, nothing is going. He provided us with his golf course counterpart Inspector Zadock’s contacts; again he didn’t have a glimpse of what was going on.
Today in the morning, tension was reported in the eastern and western parts of Kibera. The two security officials did not know what was happening. Our team contacted three village elders in these regions; they all confirmed the growing tension, saying political elders were meeting to quell the situation.
Security agencies in Langatta district seems lack intelligence information over what is going on in the streets. The information disconnect is a concern over the ability of security personnel to pacify insecurity in Kibera.
Two weeks before March 4th, grapevine was, “gangs were regrouping”. Machetes were spotted headed in the central and eastern parts of Kibera. Inspector General of police issued an alarm over the matter, but no arrests. Nobody knows where the machetes are though they claim security in Kibera is intact.
Tuesday this week, political demonstration outside Mbagathi road primary, next to Kenyatta market was spotted by a Voice of Kibera reporter. When we contact two key police commanders in the area they were not aware.
Laini Saba District Officer Mr. Hezbone Khayeti says four AK47 guns and more than sixteen pistols are in the wrong hands within the division. Two people were shot and injured in Soweto east two weeks ago, one on the right foot and another on the stomach. The two are still nursing wounds at Nairobi hospital.
A photo identified in Soweto east today in the morning
Sarangombe Assistant chief was robbed at gunpoint a month ago when walking to work at 9.30am. No arrest too. Soweto east village elder Joseph Maina says at least 12 robbery incidents are reported daily.
Ngumo stage, Laini Saba and Undugu playing grounds, Laini Saba market, Soweto east, Silanga and Laini Saba areas are said to be crime zones. Organized gangs terrorize residents each day from different parts of Kibera. GSU police officers are on standby in the western parts of Kibera ready to respond to political security concerns in the area.
On Monday 4th March, people of Kenya came out to vote, this was not just voting like any other but it was more of a historical election, being the first one under our hardly fought for “ the new constitution” and also under the new reforms in the police department, judicial reforms, and also the Independent Electoral and Boundaries Commission( IEBC) which most Kenyans have so much faith in after conducting two successive successful elections during referendum and by elections in Kajiado North and Dhiwa constituency. But after the challenges they have had in delivering the results, which were expected in a span of 48 hrs but failed has left people in great distrust on whether the process is still fare or not.
by Joe Gathecha KNN
The following posts are as a reaction of the facebook users; it was between 1500 GMT and 1710 GMT. According to IEBC Uhuru was leading on 5,159,344 votes and was followed closely by his main challenger Raila on 4,516,660 votes.
Shared Vitalis Ougur’s
I rest my case for these elections. To my fellow CORD supporters lets embrace peace. Let’s get back to our normal work and in order to improve the Economy of the Country. For me whether the result has been tampered with or not is not a point of discussion at the moment. Kenya is great than any individual.
Benjamin Heavens’s status
Raila Amollo Odinga I am honored to have been alive to see you and your leadership..u r an inspiration to me personally…Thank u for the selfless service you have given to this ungrateful nation of tribalism and vengeance seekers and impunity and corruption..Kenya was and is truly blessed to have you as a leader. And yet I remember one time a very long time ago when the people of Israel were asked to choose between a thief and God the creator they condemn God the righteous one to death and chose the thief..I am in no way implying that Kenya had a choice between a thief n God but to me it’s a case of what is right against what is wrong….You sir will always be my president of choice no matter who they choose…I will never 4get the years u spent in detention, the pain u endured as u were disrespected in government, the abuses they hurled at u n the false accusations they have leveled against u these never stopped u from fighting for your country without fear or favor….I will remain loyal to my country n whoever they choose but my heart is far from them because they have shown us their true nature. This country may yet have to wait for years to find a leader as charismatic and fun as you r. May God bless you RAO whether u win this election or not., thank u Mr. President for fighting for us.
Top of Form
Collins Otieo’s shared image.
Look at this IEBC graph well, and tell me if Uhuru’s votes don’t follow the same pattern as those I’d Raila. External software was at play here. It looks so coordinated. We have a big problem folks.
True fans and followers of gor mahia the mighty mayienga kogalo team mapek’s status
Lawyer Oraro, lawyer Mutula, Lawyer Orengo are heading to Supreme Court now to stop the counting.
Kuna places watu wame (people have) registerd 60000 but tallying ni (is) 120000, hawa wengine wame toka wapi? (Where have the rest come from?) WTF!!!!!! Gathecha Brenda’s status
IEBC taken to court ati (that) tallying isimamishwe (to be stopped)…….
How can u go to court na haujashindwa (and you have not conceded)????
For how long are u gonna hold kenyans hostage?????
Kutoka sunday kazi tumefunga (from Sunday we stopped working).
Yvonne Tiany Map Kibera’s status
Where are people going I thought they said its safe?
Richard Kemoi’s status
As I said the legal opinion given below is free of charge. The matter of Article 138 (4) (a) of the Constitution of Kenya, 2010
And the matter of the Elections Act,2011 and The Elections General Regulations 2012.
The law on whether “all votes cast” includes rejected and/or spoilt votes is a matter that requires consideration of the ALL the provisions of the Constitution and the stipulations of the enabling legislation relating to this election as a whole.
On Monday 4th March, people of Kenya came out to vote, this was not just voting like any other but it was more of a historical election, being the first one under our hardly fought for “ the new constitution” and also under the new reforms in the police department, judicial reforms, and also the Independent Electoral and Boundaries Commission( IEBC) which most Kenyans have so much faith in after conducting two successive successful elections during referendum and by elections in Kajiado North and Dhiwa constituency.
It was all system go for Kibera residents, who are largely supporters of Mr. Odinga the Prime Minister who is also one of the presidential candidate. Mr. Odinga has been the area member of parliament for Langata since 1992. The area which is now divided into two ie. Kibra and Langata constituencies.
A local artist was preaching peace to the voters from one poliing center to the other in Kibera
Yes I was talking about 4th March. By 3am a very huge crowd was already gathered at the gates of Olympic Primary School one of the biggest polling center in Kibra, by this time the gates were still closed, then one vehicle arrived carrying some iebc officials with one black ballot box on top, the box raised suspicion, one of the guys jumped on top to check what was inside it, there was nothing inside I guess because he never complained of anything. At this point scrambling began as the gates were being opened, this is when 4 people got injured and one woman lost her identity card in the process, confusion then followed as to which stream one is suppose to vote from since the streams were divided according to alphabetical names, it took iebc officials around 2 hours trying to direct the people to their respective voting halls.
The situation was the same at Old Kibera Primary School where the Prime Minister was expected to cast his vote. The queue at Olympic was so long but people were ready to wait and vote no matter what, “I feel so happy that today I have a chance to elect my leader, I want a leader that will improve the economy of this country” says Godwin Khaemba a 36 years old security guard.
Raila addressing press after voting at Old Kibera
The voting exercise officially started at 6.15am, and went on so smooth, at around 10.30 am Raila arrived at Old Kibera to vote, I was surprised by the number of journalist present at this poling center.
“News is so much about WHO” someone once told me. Raila’s arrival disrupted the whole process and with very heavy security around the journalists still managed to ambush him for interview,
“How confident are you Mr. Prime Minister?” “can you win it round one?” these were random questions from journalists, Raila then left and things went back to normal.
Team members Joe Gathecha and Joshua Ogure preparing a report.
Our map Kibera team were spread all over Kibera to ferry reports from different polling centers, another technical and editing team was at the office and I hub to verify, update and upload reports as they come. It was a very busy day for all of us, then the results started coming from the tallying centers as we watch on tv screen.
Uhuru Kenyatta was already taking an early lead, at this point many Kibera people knew it was just but the beginning of the counting and hoped that things will change with time.
Watching for results.
Tuesday 5th comes, the results were getting worse and worse for most people here, Kibera went silent as if there were no people around, moments later they started forming small small groups trying to analyze what might have gone wrong, even women were equally concerned, “I will not feel safe if Uhuru wins this election” says Peter Ouma hotel owner in Kibera. For Margaret Wambui, life will have to go on no matter who wins, “I just want the two candidates to accept the outcome for peace to prevail” says Wambui a 33 yrs old mother of four.
Most people here were shocked, they could not believe that their preferred candidate was still lagging behind, it was a lot of sadness in their faces until when the Vice President Mr. Kalonzo came out and asked all the CORD supporters to relax and remain calm, that CORD was still going to win .
Most businesses closed even getting a hotel to have lunch was not any easy.
“The End of Ondinga’s reign” “Uhuru sends Odinga home” these were some of the predictions people had for the next day’s newspaper headlines if Uhuru maintained the lead. And even as the IEBC chairman Isaac Hassan announced that only 1/3 of the total votes had been counted many people had already lost hope only a few were still trying to console themselves and others.
By evening people were again hopeful that may be just may be something can happen, the few vehicles that were operating stopped their operations in as early as 6pm and those coming from town late and Ngong road had to walk to Kibera including myself who left I hub at 9.30pm and had to walk back to Kibera. There were no people on the road, this was so unusual.
By 6th Wednesday morning, the people’s hope had increased a little bit in Kibera after being told that most of the CORD strong holds had not been counted, but the delay of the presidential results were still causing a lot of concern and worry.
Another heat came when NTV and QTV announced that the winner for Kibra Parliamentary seat was UDF’s Ndura Waruinge, something that had earlier been announced to be ODM’s Ken Okoth.
The residents at Kamkunji grounds and Olympic were not happy about it and almost protested but Ken Okoth very quickly posted on Facebook that it was just an error and asked all his supporters to remain calm and exercise peace as the error is being corrected, I wonder if they saw the post, but anyway tension reduced all of a sudden. Right now the waiting continues………
A crowd at Kamukunji grounds, listening to their leaders on the political situation in Kibera
Most shops remain shut, empty streets; lack of basic services and hiked prices on most food stuffs describes the situation in Kibera on Wednesday morning. Residents remain indoors glued to their television sets following Isaak Hassan’s appearance to announce a new presidential result.
In the eastern parts of Kibera, the youth are seen in small ethnic enclaves on the roadsides. They are both discussing the possible outcome of the poll and what it could mean to them. In the middle and western side, the situation is the same.
At Kamukunji ground, a crowd is meeting to analyze the political situation. Groups of people are seen gathering in Kambi Muru and Mashimoni villages discussing the neck to neck presidential race.
In Olympic, anxious voters rejuvenated after IEBC annulled the streaming provisional presidential results. Majority have are uneasy with the streaming results.
Twenty year old Jack Mureithi thinks everything is fine, although he is quick to add, “Am not sure of the outcome.” Another youth Hezekiah Akwanah is leading a conversation in a group of five. They are all worried something wrong might be cooking, and are not told what is going own. “Hata last time Kivuitu alianza tu hivi” even last time Kivuitu started like this. He frowns.
Some have now started to disclose what transpired on Monday. They say BVR kits malfunction and now the electronic transmission crash… is a total downer. One old middle-age man says “Kivuitu was more organized. We never had cases of names lacking in the register.”
A group of youth exchanging views on the possible cause of delayed presidential results
Hundreds of names lacked in the IEBC manual register in many parts of Langatta and Kibra constituencies. More than 500 people were also chased away without voting in a single polling station, though they arrived early than closing time.
BVR kits malfunction was reported in over 60% of all polling stations in the two constituencies. Five cases of people caught with polling papers outside the polling room in different locations and voter bribery was also reported.
Two people were nabbed casting more than one vote in a single ballot box.
Mean while, General Service Unit police are seen strolling most parts of the western parts of Kibera.
In 2007, things began to go wrong because the end result came late: the counting of electoral ended three days after the vote. And not only that.
2007 Kenya Elections, BBC
What triggered off the first violence was an act that shocked the population completely. In the afternoon of the third day electricity went off across the country for about an hour and when it came back, Mwai Kibaki, who was a little bit behind in the total votes counted compared to his rival Raila Odinga, had toppled Raila with votes, hence the riots that broke out first in the slums of the capital, and then spread in the city and finally in the villages.
However, under the new constitution, this elections will elect the president, senators, members of parliament, county governors who will be presidents of 47 county governments, women representatives, county representatives in office
Yesterday, Monday, March 4th, news about the killing of nine police officers during the previous night arrived in Nairobi early morning, from Mombasa at the hands of a terrorist group armed with a machete.
The attacks continued in different area of the coastal town, killing ten members of the police commandos and three residents in Kilifi and Kwale, in Mombasa’s area.
Odinga and Kenyatta
Now the situation seems calm, but contingent troops of the Kenya Defence Forces have been placed throughout the coastal area to provide security to the residents. From Nairobi came a reinforcement of 400 police officers, with orders to shoot any person attempting to launch an attack to the police or civilians.
As the Daily Nation said, the attacks have been attributed to Mombasa Republican Council (MRC), a group that opposes the election and claims from time to secede the region.
Yesterday afternoon, around 6pm only two of eight presidential candidates have achieved something important: Uhuru Kenyatta was 56.9% and 40.7%, Raila Odinga.
At the moment Uhuru Kenyatta, accused of crimes against humanity for instigating the violence during the last election, is still ahead of Odinga, with 54% of the vote compared to 42% of his opponent, but people are already celebrating the streets.
Day two after elections in Kibera has reported different reactions, from less supply of food stuff, slow public transport to anxiety caused by prolonged transmission of presidential results.
A spot check at Toi Market indicated no activity to the usual busy market which serves the western parts of the city. The stalls were empty, a few customers walked helplessly in the market but there was no commodity to buy. This led to price hikes on available food commodities. “The vegetables I buy KSh. 5 are now 20.” Said Diana Mueni, a Karanja resident.
Public transport was equally affect. In the morning, very few public transport vehicles were operating, though they did not hike bus fares. Many residents are seen walking to work.
In some western parts of Kibera, residents are in low spirits. They claimed IEBC results are trickling in slowly causing uncertainty. A 34 year old man in Olympic was quoted saying “I feel my blood sugar level rising.” When our reporter asked what caused the blood sugar to rise? He responded “my preferred presidential candidate is not doing well as results trickle in.”
Busy market day at Toi market
Young people are seen in small groups discussing the possible outcome of the presidential results. Tension is all over due to the ongoing vote counting. Most roads are empty because a majority are watching the results from their television sets indoors. The police chopper is seen patrolling Kibera skies after about two hours intervals to ensure everything is in order.
But our interaction with residents from different parts in Kibera indicates, they have decided to accept whoever wins elections.
Women voters were turned away this morning without voting in Langatta and Kibra constituencies because their names are missing in the IEBC’s manual register.
The confused elderly woman after being turned away by IEBC officials because she had the old generation ID.
Between 6:00am and 8:00am, more than twenty women had already been turned away without voting at the District Commissioner’s grounds polling station alone. Among those whose names missed in the manual register was Map Kibera Trust SMS reporter Mildred Anekeya. She complained and persisted for more than 7 hours, later her name was found in the BVR register and she was allowed to vote at 12:02pm.
An elderly woman was turned away at the DC’s grounds polling station because she had the old generation ID. Women carrying babies on their backs were also turned away in many polling stations particularly in Sarangombe and Makina wards where the manual register was used.
At Mashimoni primary, a woman delivered on the queue. She was rushed to Freepals Maternity Health Centre for help. Another pregnant woman collapsed after queuing for more than two hours at KAG Olympic station. Medics from MSF Belgium attended to her and she was later allowed to vote and go home.
some of the disgruntled women at KAG Olympic after two hour queue
At Old Kibera primary, 50 people were turned away because of the same problem.
BVR kits failed to operate in Olympic, YMCA, Ayany, KAG Olympic, Old Kibera primary, DC’s grounds, Soweto Resource Centre among other polling stations, forcing the polling officials to use the manual register.
Electricity fluctuations in most polling stations were the main reason for the failure, though in some instances, the system was very slow, forcing IEBC officials resort for the manual register to speed up the exercise.
Women voters were turned away this morning without voting in Langatta and Kibra constituencies because their names are missing in the IEBC’s manual register.
Lack of Electricity at Raila Educational Centre led to the officers use a kerosene lantern.
Between 6:00am and 8:00am, more than twenty women had already been turned away without voting at the District Commissioner’s grounds polling station alone. Among those who had were turned away was Map Kibera Trust SMS reporter Mildred Anekeya, whose name missed in the manual register. She complained and persisted for more than 7 hours, later her name was found in the BVR register and she was allowed to vote at 12:02pm.