Archive for August, 2017


  Gladys Wanga Homa Bay Wommen Rep. 

We’re utterly dismayed and saddened by the reckless statements attributed to our Women Rep Gladys Wanga admonishing the SRC over plans to slash MPs’ salaries in efforts to reduce our nation’s wage bill. At such time when we’re grappling with very high costs of living, and even proposing secession out of frustrating governance as we wait for the verdict of the Supreme Court over the presidential results, it was extremely insensitive and embarrassing for her to appear to put greed for public funds above public interest. 

In light of the above, we the Homa Bay youth demand for an immediate apology from her and withdrawal of these unfortunate utterances. She must follow the Kiambu County Women Rep Gathoni Wa Muchomba in not only apologizing to her constituents but the Kenyan people at large, failure to which, the youth of Homa Bay will lead the process of recalling her so that we have a leader with public welfare at heart. 

Women Reps are to be among the top most advocates of social equity and its disgraceful seeing them loudest in propagating inequality. If she or any other Legislator is not comfortable with the SRC’s terms let them resign with immediate effect! Thank you.
Chrispory Ker,

For Homa Bay Youth Bunge.

How to recall an MP in Kenya

Posted: August 24, 2017 in Uncategorized

As Kenyans keep tabs with events of how Members of Parliament (MP) passed the Security Laws (Amendments) Bill, they need to know that they should not wait until then the next General Elections are held to exercise their rights to choose their representatives.

Guided by the failure of leadership in successive governments, the drafters of the Constitution saw it wise to have a clause in the Constitution that would allow recalling an MP. Article 104 states that elected leaders, Senators and MPs can be recalled. Moreover, electorates can also recall a County Assembly Member (MCA).

The process of recalling is the same for all and what differs is the threshold that needs to be reached due to population dynamics in the respective leadership areas. For instance, it will take less people to sign signatures for removing an MCA and most for removing a Senator.

The Elections Act (2011) provides for the process of removing Parliamentarians. In the Constitution, Parliament refers to both Senate and National Assembly. Part IV of the Elections Act, sections 45 to 48 gives guidelines for recalling Parliamentarians.

Parliamentarians can be recalled due to these grounds;

(a) is found, after due process of the law, to have violated the provisions of Chapter Six of the Constitution;
(b) is found, after due process of the law, to have mismanaged public resources;

(c) is convicted of an offence under the Elections Act. 

Surmounting the legal minefield required to recall these leaders is what is tedious and could probably come to naught.
The process can only be initiated upon a judgment or finding by the High Court confirming the grounds specified above.

This process can only be initiated twenty four months after the election of the Member of Parliament and not later than twelve months immediately preceding the next general election. This means there is only a two year window to recall these elected leaders.

There is a restriction that a recall petition cannot be filed against a Member of Parliament more than once during the term of that Member in Parliament. Also, a person who lost or was a competitor in the preceding election cannot initiate this process directly or indirectly.

This recall should be filed with the Independent Electoral and Boundaries Commission (IEBC) in writing and signed by a petitioner who;

(i) is a voter in the constituency or county in respect of which the recall is sought; and
(ii) was registered to vote in the election in respect of which the recall is sought;
 

The petition must be accompanied by an order of the High Court issued following the determination of the grounds for recall. Remember, the elected representative can appeal the ruling and this can take time.
The petitioner in writing to the IEBC needs to specify the grounds for the recall and attach;

(a) a list of such number of names of voters in the constituency or county which shall represent at least thirty percent of the registered voters; and

(b) be accompanied by the fee prescribed for an election petition.

When filing these petitions, one needs to deposit some money as security. These costs defer but are refundable at the end of the case. They are largely to ensure there is no abuse albeit they can impede someone with a genuine case but lacks of the costs to file a case. For an MCA, it costs sh100, 000, while that for MP, Senator and Governor is sh250, 000. That for a President is sh1M, but only filed at the Supreme Court albeit you cannot recall a President. There is however filing costs, which is an administrative cost is sh10, 000 non refundable.

Governors and Presidents cannot be recalled but there are other measures, like impeachment where they violate the Constitution.
The list of names must contain the names, address, voter card number, national identity card or passport number and signature of the voters supporting the petition and shall contain names of at least fifteen percent of the voters in more than half of the wards in the county or the constituency, as appropriate.

It is critical that the voters supporting a petition represent the diversity of the people in the county or the constituency as the case may be. These names need to be collected and submitted to the Commission within a period of thirty days after filing the petition. Thereafter the Commission shall verify the list of names within a period of thirty days of receipt of that list.

If the Commission is satisfied that the requirements have been met, it shall within fifteen days after the verification, issue a notice of the recall to the Speaker of the relevant House. The Commission shall then conduct a recall election within the relevant constituency or county within ninety days of the publication of the question.

The IEBC will then frame the question to be determined at the recall election. A question shall be framed in such a manner as to require the answer YES or the answer NO.  IEBC will assign a symbol for each answer to the recall question. This voting shall be by secret ballot.

A recall election shall be decided by a simple majority of the voters voting in the recall election. Where a recall election results in the removal of a Member of Parliament, the Commission shall conduct a by-election in the affected constituency or county.

However, the law does not restrict or forbid the Member of Parliament who has been recalled from running in the by-election conducted.
Finally, a recall election shall be valid if the number of voters who concur in the recall election is at least fifty percent of the total number of registered voters in the affected county or constituency.

STATEMENT ON THE FILING OF A PETITION BY RT HON RAILA O. ODINGA AND H.E STEPHEN KALONZO MUSYOKA AT THE SUPREME COURT, NAIROBI
August 18, 2017
This petition has been filed by the presidential candidate for the National Super Alliance, (NASA) Rt Hon Raila Amolo Odinga, and his running mate, H.E Stephen Kalonzo Musyoka.
They have moved to court on the basis of specific irregularities that they have identified, which include numerous instances when their ticket was denied votes and others in which their competitor, Uhuru Kenyatta had undeserved votes added to his total.
Even though NASA agents in Rift Valley and Central Kenya regions were removed from polling stations and replaced by imposters who were caused to create fictitious names and sign blank result forms, the coalition has a substantial evidence of what transpired throughout the country.
Data analysts have examined over 25,000 results forms for vote declarations and detected 14,000 of them that had errors ranging from statutory documents not signed by returning officers, others not authenticated by official rubber stamp, and yet others that do not have agent names or signatures. Some forms show one presiding officer’s name in charge of elections in multiple stations at the same time. There are 443 instances of un-gazetted polling stations, Forms 34A that are filled out in the same handwriting, blank forms, and others that have a polling station, names and details of agents as well as their signatures but are in spaces meant to show results.
A sample review of 5,000 polling station results from NASA’s agents reviewed against those supplied by the Independent Elections and Boundaries Commission (IEBC) showed a number of fundamental defects: the total number of votes added to Uhuru Kenyatta and deducted from Raila Odinga are significant, especially if you extrapolate this to 40,000 polling stations.
Votes cast for president (15,588,038) exceeded those for governors (15,098,646) and Members of the National Assembly (15,008,818) by 482,202 and 567,517 ballots respectively.
The law and the decisions of the courts required a number of things done, including voting, electronic transmission of results, by image and text to tallying centre, and the display of results in a public portal that is accountable, verifiable and accurate. These are the standards that determine whether or not results meet the constitutional threshold. The IEBC mould flouted all these principles. Most strikingly, by the time of announcing the final result, the Commission’s Chairman Wafula Chebukati, purported his numbers to be final. This suggested he had received all the tallies from all the polling stations
It has come to pass that by the time of making that declaration, the IEBC was yet to receive 11,883 polling stations results. The IEBC Chairman was yet to receive 17 constituency results, yet he did not qualify his announcement with the explanation that the difference was not sufficient to change final outcome. One is left to ponder how then four days later the IEBC Chairman responds to NASA’s enquiry by saying they have not received 5,015 Forms 34A. This represents some 3.5 million votes. On what basis would he declare final results when according to him, the leading candidate was ahead by slightly over 1 million votes? How would he declare results similar to the public portal when he has publicly claimed that the ones on the portal are not IEBC results, and without the benefit of the verification that was started and discontinued at the Bomas National Tallying Centre?
Returning Officers and Presiding Officers were recalled by IEBC to fill and adjust relevant accountable forms to ensure documents tallied with the final results.
The presidential election held on August 7, 2017 was so badly conducted and marred with such glaring irregularities that it does not matter who won, or who was declared the winner thereof.
The nature and extent of the flaws and irregularities so significantly affected the results that the IEBC cannot accurately and verifiably determine the number of votes any of the candidates received.
IEBC betrayed its charge to give effect to the sovereign will of the Kenyan people and instead delivered preconceived and predetermined computer generated leaders.
This election was supposed to be about using technology to curb fraud. Instead, the IEBC has allowed technology to be perverted to defeat the will of the people by leaving the door open to meddlers to enter their system, manipulate numbers and generate an artificial result.
A pattern emerges right from the IEBC refusal to host a recovery site for its server in Kenya to the brutal killing of Chris Musando. It stretches to the exclusion of 11,000 polling stations catering for over 7 million votes from the general standard for results transmission, and the transmission of text without scanned images. The series of gaps, whether deliberate or product of negligence, frustrated the use of technology to deliver an accountable results transmission process.
Worse, the process of relaying and transmitting results from polling stations to constituency to the National Tallying Centre did not meet the standard established in the Constitution: it was not simple, accurate, verifiable, secure, accountable, transparent, open or prompt.
The IEBC selectively manipulated, engineered and deliberately distorted votes and counted them in favour of Uhuru Kenyatta in order to affect the final result. It inflated votes substantially and significantly. The effect of this systemic and systematic manipulation and distortion of results renders it impossible to tell who actually won, let alone know whether or not the threshold for winning a presidential election was met.
IEBC set out to frustrate the people’s will and deliver a flawed election. The inescapable conclusion is that individual returns, even those appearing to be valid votes, had fundamental irregularities in law. It is not possible to clean up these errors simply by correcting the sums. The entire process of tallying recording, transmitting, verifying and confirmation of results was so fundamentally flawed that you cannot talk of any meaningful results.
This petition asks the court and by extension the people of Kenya to nullify the entire exercise because it is fatally compromised, in order to pave the way for fresh, legitimate elections.

As Kenyans and the entire world wait anxiously for the ‘Major announcement’  today  from the Rt.  Hon Raila Odinga, something believed to be his speech has been leaked. 
On Sunday 13th, August, 2017 when the former Prime minister made his first public appearance since the announcement of the just concluded general election results which he and the entire NASA principals refused to accept, he appealed to his supporters to boycott work on Monday in honor of posts election victims who were killed by the police. At the same time, he urged his supporter to remain in doors and stay out of harm’s way as they wait for the major announcement to be made on Tuesday 15th, August, 2017. 

The alleged Pime Minister Raila Odinga’s Speech to the Nation, Moves Mountains, Hills, Deserts, Ocean and the Savannah. 
The kind of speech which would bring tears to my eyes right now. I have a feeling heaven would welcome this speech.
Fellow Kenyans, my colleagues in the struggle, my worthy opponents, ladies and gentlemen
For more than three decades, I have dedicated my life to fighting for a free, just, and democratic Kenya. For my efforts, I was ridiculed, trailed by the security forces, intimidated, harassed, tortured and detained without trial. My family suffered lack, isolation and ridicule. I could not even attend my own mother’s funeral. My health suffered because of being locked in darkened and cold cells without basic amenities.
I thank God for keeping me alive. Some of my compatriots did not live to tell the story.
In the course of this journey, I learnt to become a better human being, my resolve to fight for justice and equity only became stronger and my vision became clearer. Kenya has become a lot better not just because of me, but also because of the great men and women who suffered alongside me and the many Kenyan people who have stood by us to date. I thank you all.
In 1990, we transitioned from a single party dictatorship to multiparty democracy. It was not easy. It took sweat, blood and tears for this dream to come true.
We did not stop there. In 1997, I ran for President for the first time, hoping to bring better governance, social justice and economic prosperity to our nation. I was not successful.
In 2002, the entire opposition rallied behind former President Mwai Kibaki. If you asked me about my best moments of the past twenty years, the day I made the clarion call “Kibaki Tosha” would easily make the top five. That was the best moment for Kenya. We had failed in previous years largely because of opposition disunity but also because the entire electoral system was tilted in favour of the then ruling party, KANU. It was virtually impossible to defeat the KANU leadership without unity in our ranks.
The day Kibaki was declared President was ecstatic for Kenyans. Rightly so. For the first time in fourty years, we had succeeded in removing a dictatorship and replacing it with an inclusive democratic government.
Sadly, we lost it when a few people, driven by greed and having conveniently forgotten why we fought for so long, ganged to frustrate the dreams of Kenyans.
I ran again for President in 2007. You all know what happened and I do not wish to remind you of the painful memories. But suffice it to say a new constitutional dispensation was birthed in the post 2007 debacle.
I ran for the third time in 2013. We did not agree with the results but we accepted the Supreme Court ruling and returned to the drawing board.
2017 marked the fourth time I was running for President. I have some serious grievances with the manner in which the election was managed. We brought these to the attention of the Independent Electoral and Boundaries Commission at different stages during the election. We are not totally satisfied with the way they handled our complaints. The NASA team will, in due course share its report with the relevant institutions and the Kenyan people if only to better our democracy. Ladies and gentlemen, every time I ran for office, I did not do it to acquire power and wealth for myself or just to prove a point. I had an agenda for Kenya. I wanted to transform this country to be one of the greatest in this part of the world. I did it for the Kenyan people. You have and will always be my priority. I am devastated that during the past few days, police have used brutal force to put down innocent citizens who came out in the streets to express their displeasure, a right guaranteed in the constitution. I say pole to all who have lost loved and those who have suffered injuries. I urge the police to exercise utmost restraint because one day they will be individually held accountable. At the same time, I urge all my supporters and others aggrieved with the outcome to keep the piece, return to work and improve their own lives and those of their communities.
Fellow Kenyans, my colleagues and supporters, I have played my part on the political stage. I have made my contribution. I am particularly excited about devolution and a new constitutional dispensation. And as the Wise Man once said, there is a time for everything. After consulting with my family, my colleagues and Kenyans from across the divide I have made the difficult decision to exit the political stage. Difficult because there is so much still to be done. The bad governance, runaway plunder of our commonwealth and discrimination of some Kenyans in their own country remains a serious problem in spite of us having a progressive constitution in place. I hope Kenyans will rally together around these causes and not allow the country to be destroyed as you watch in silence. Governments by their very nature must be held accountable. That is why we talk of eternal vigilance. If you perpetually sing its praises, it will weaken you and eventually destroy you.
I thank you Kenyan people. I thank the millions who braved adverse weather conditions to cast their votes for me. It was not in vain. I thank my Co-principals for bringing energy into the campaign and for believing in me. Steve, Musalia, Moses and Isaac, you have been wonderful. I am grateful that you stood by me through it all.To the entire supporting team, the secretariat, those who supported us financially and those who prayed for us and wished us well, I am grateful.

I wish you well. God bless you. God bless Kenya.

Source: Kahawa Tungu. 


Norman Magaya with NASA Presidential Candidate Raila Odinga

One of the NASA secretariat staff members Norman Magaya was rushed to the Karen Hospital last night after suffering a mild heart attack.

Norman who was an agent of the opposition coalition at Bomas, was involved in an altercation with President Uhuru’s Personal Assistant, Jomo Gecaga and MP Kimani Ichungwa. He was rushed to the Karen Hospital after he started experiencing discomfort.

Norman was found to be going through a heart attack. He is currently in a stable condition. NASA leader Raila Odinga visited him in the hospital.


According to NASA communication team, they argued after IEBC CEO Ezra Chiloba attempted to eject the NASA team from Bomas. We have reached over to the government side to get a comment. We are yet to get any.