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NGOs say poll winner uncertain
Published on January 19, 2008, 12:00 am
EA STANDARD
By Amos Kareithi
A new report by 50 civil society organisations details how the
Electoral Commission of Kenya (ECK) bungled the presidential poll.
The report dubbed, ‘Countdown to Deception: 30 hours that
destroyed Kenya’, further shows there were discrepancies in 130
out of 210 constituencies.
The report was released on Friday, amid tight security, by Kenya
National Commission on Human Rights (KNCHR) Executive Director, Mr
Maina Kiai, at Panafric Hotel.
The report says 130 constituencies had a higher presidential tally
than parliamentary tallies.
This was contrary to what happened in 2002 when the parliamentary
voter turnout was higher than the presidential.
"The evidence shows it is impossible to know who won the elections,"
Kiai said.
He argued: "The whole world cannot be wrong about the presidential
results."
He was referring to assertions by the European Union, African
Union, the United States and international observers.
The EU Parliament has already resolved to suspend financial aid to
Kenya over the political impasse created by the poll results.
Kiai added that since it was not clear how President Kibaki was
declared the winner, only a handful of countries had sent
congratulatory messages.
The electoral malpractices, according to the report, rendered the
presidential election illegal.
Another civil society leader, Mr David Ndii, said: "The 230,000
margin President Kibaki is said to have won with is consistent
with allegations that rigging was done in his favour."
Ndii said the anomalies were sufficient to alter the results of
the election.
Ndii explained that the margin of error would have reduced the
margin of President Kibaki’s lead to 200,000 votes.
Ms Muthoni Wanyeki, a civil society leader, said the current
crisis in the country was purely political and should not be
sorted out in courts.
"What happens if the court rules that you can not know who won the
elections? There will be a vacuum in Kenya," Wanyeki said.
She added: "It is imperative to get President Kibaki and Raila to
meet to resolve the situation. For 44 years we have buried our
heads in the sand. There is deep resentment in the country and it
must be addressed."
The report gives an account of what went wrong with the December
27 poll, whose results caused widespread violence leading to the
death of more than 500 people.
It claims that militia groups are currently operating in parts of
Rift Valley, Nyanza and Central provinces.
The report traces the genesis of the problem to attempts by some
ECK commissioners and employees to close the gap between President
Kibaki and ODM presidential candidate, Raila Odinga.
The report was compiled from statements collected from the five
domestic election observers who were allowed to witness the
verification of the process by ECK a night before it announced the
results.
It reads: "Domestic observers who monitored the final hours of the
presidential ballot tallying and announcements noticed
transgressions that were brazen and shocking."
Tallying tampered with
The report claims Institute of Education in Democracy director, Ms
Koki Muli, while sitting on the second floor of KICC, witnessed
ECK chairman, Samuel Kivuitu, receive results, which narrowed the
gap between President Kibaki and Raila to a mere 107,779.
The results saw the PNU tally reach 3,697,768, while Raila’s count
was 3,805,547 and ODM-Kenya’s, Mr Kalonzo Musyoka, had 498,361.
It was at this point that the nail biting delays started, leading
to fears that if the results were not announced, this would
heighten the tension among Kenyans, reads the report.
When the night shift started, tensions were already high and the
results being received did not have statutory documents such as
Form 16A.
The results without documents were from Lamu East, Lamu West,
Wundanyi and Dujis.
The report says that the deputy team leader of the night shift, Mr
Kipkemoi Kirui, refused to accept results that were not
accompanied by the mandatory documents.
At some point that night, the report states, some observers were
denied access to the tallying centre at KICC and had to seek
Kivuitu’s intervention.
According to the report, agents were unable to sign the Form 16A
in parts of Eastern and Central Provinces while others felt
insecure in Nyanza.
It sums up that in 44 constituencies, ECK commissioners announced
results without any primary or supporting documents and that some
of the results were phoned in.
The constituencies cited are Bondo, Kisumu, Kasipul Kabondo,
Nyaribari Chache, Kisumu Rural, Galole, Kitutu Masaba, Gatundu
South, Makadara, Likoni, Kaloleni, Nithi, Kitui West, Baringo
Central, Laikipia West, Nakuru Town, Mukurweini and Juja. Others
are Dujis Rongai, Kimilili, Mwala, Kinangop and Igembe.
"Results for these constituencies were thus announced in
contravention of the law. In addition, results for Dagoreti were
found to have been announced while vote tallying was in progress,"
the report says.
The report says when the anomalies were reported to ECK legal
officer, Ms Jemimah Keli, she allegedly said rechecking would slow
everyone down.
One of the most glaring anomalies cited by the report is where the
returning officers who had voter turnout exceeding 100 percent
were allowed to correct them.
"Maragwa constituency had given results amounting to 115 percent
voter turnout but the returning officer was allowed to reduce it
to 85.24 per cent at KICC and these results were accepted for the
final tally," reads the report.
Also included is an index of the 48 constituencies and the varying
number of presidential votes as announced by ECK, KTN and Kenya
Election Domestic Observers Forum.
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