NGOs say poll winner uncertain

NGOs say poll winner uncertain

Published on January 19, 2008, 12:00 am

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.