CORD sues IEBC, Safaricom for data

Head of the Raila Odinga Secretariat Eliud Owalo said the suit will be filed at the Milimani Law Courts at 11 a.m/CFM

Head of the Raila Odinga Secretariat Eliud Owalo said the suit will be filed at the Milimani Law Courts at 11 a.m/CFM

NAIROBI, Kenya, Mar 12 – Prime Minister Raila Odinga’s Coalition for Reform and Democracy (CORD) on Tuesday filed a petition seeking orders to compel the Independent Electoral and Boundaries Commission (IEBC) and mobile operator Safaricom to release crucial documents required to file a presidential petition.

Head of the Raila Odinga Secretariat Eliud Owalo filed the petition at the Milimani Law Courts.

Owalo said in a statement that the documents, sought alongside the evidence in their possession, will form an integral element in the petition they intend to file against the declaration of Uhuru Kenyatta as President-elect.

“A petition will this morning at 11 a.m. be filed at the High Court sitting at Milimani, Nairobi seeking orders compelling the IEBC and Safaricom Ltd to furnish us with relevant documentation related to the recent presidential election,” he said.

The coalition plans to file the petition at the Supreme Court by Monday and within the seven days provided for by the Constitution and the Supreme Court Act.

Among the documents that the coalition is seeking from the IEBC are the log files for all short messages that were declared electronically and received from Safaricom, all software contracts between IEBC and all firms that provided software services to them in connection with the just concluded General Election.

Other documents needed are the serial numbers of all handheld transmission devices that were actually configured and made ready for use as aforesaid and the constituencies in which they were meant to be used.

The serial numbers of all handheld transmission devices that were configured and the constituencies in which they were meant to be used, are also required.

Additionally, what the coalition needs is the green book, provisional register of all registered voters and the final register of all registered voters.

From Safaricom, CORD wants the numbers of all handheld transmission devices that were used to electronically transfer data from polling stations to the tallying centre.

It also wants a print out of all messages that were sent through all handheld transmission devices that were used to electronically transfer data from the polling stations.

In addition, the alliance wants Safaricom to be compelled to produce all contracts signed between them and IEBC in connection with the just concluded General Election and records of all information transmitted to their servers on March 4 and 5.

On Monday, Makueni Senator elect Mutula Kilonzo and Siaya Senator-elect James Orengo accused IEBC of frustrating their efforts to file the suit at the Supreme Court.

“One of our obstacles is that we have demanded for certain information from the IEBC. That information is not forthcoming and we have not received any explanation,” Kilonzo alleged.

“We are put in a situation where the IEBC does not want these documents inspected. It obviously means that there is something wrong with their records. There are documents you cannot inspect, but the form 34, 35 and 36 should be made available,” Orengo added on Monday.

LORDRICK MAYABI

Lordrick is a graduate of the University of Nairobi with a bachelor’s degree in broadcast journalism. He is passionate about political and governance issues. He also takes keen interest in human rights matters, justice and is fond of sports.

  • mercy

    Kenya is bigger than any individual, God will not allow CORD to take us back to what happened in 2007.Leaders are choosen by God, let them take their hunger for power somewhere else. we nid to move on n build our great nation

    • tony

      amen i totally agree.

    • Mswahili

      If leaders are chosen by God explain to me Hitler?

      • Gabby

        Amazing post. The answer is simple, There’s more than meets the eye. Study the Bible carefully and you will see who then chooses these leaders Mswahili…….

  • http://www.facebook.com/beloveddan Beloved King

    IEBC and Safaricom can’t conspirate to screw up numbers and data, announce cooked results and run away with it. They must release those documents for verification to remove any reasonable doubt in the their claim of integrity.

    • orange

      Why is safaricom being dragged into this, i thot CORD is saying that the election was rigged and last time i checked electronic tallying was not used. Safaricom should be involved when we start auditing the system. Answers are in the physical document. Kenyans want to know the truth not to be taken on a ride

  • amo

    eish jubilee guys…kuweni wapole..u guys r reacting so rudely here..if PM is seeking for justice then lets give him space…n whatever the outcome of the case, he will always live by it..safaricom n IEBC should also corporate i dont see why they shouldnt fish out their documents if they truely know they r innocent..time will tell…Baraka.

  • Soviet

    This should me iNteresting. Thats a mountain of Infomation. To all those whom think little of the process that CORD is now engaged, the current laws and regulations were passsed with this very intent that there is a verifiable audit trail that ca stand the Integrity test. The infomation being seeked by CORD is public infomation, it belongs to the electrorate. Indeed it is this very infomation that the IEBC will use to defend its position and therefore either now or later It must provide this infomation as part of the disclosure process. The aim of this excersise is to interogate the electoral process which by all acts the common mwanainchi is the beneficiary. It therefore is important that we all support the process. Afterall we insisted on having it in out constitution. Infact before the election we all sang at the top of our voices that all parties agrived must seek redress in the courts. Lets SEMA AND TENDA as it were.

    • soviet

      and the term is sort not seeked as i have mistakenly quoted.

      • kanyoni ka Nja

        hehehe, the term is actually sought, not sort hakuna mchele tunachagua hapa

    • george mwaura

      If they will need the information in the possession of the person they intend to accuse to make their accusations ,logic points out that there is something clearly wrong here.It is strange for the accuser to require information in possession of the accused to determine what accusations to make,why place the cart before the horse?unfortunately for them,logic is God given and appeals to simplest of minds;all kenyan see this as a poor fishing expedition.
      Discovery comes into play only after parties file their pleadings.
      I believe the issue at this stage shall be whether there can ever be a guarantee that the bitter losers can be entrusted with the information when they have declared their intentions is to sue.
      In the event they win, the precedent set shall be that it should be possible for your enemy to obtain court orders compelling you to open your door for him to search for materials to accuse you, preposterous!

      • Gemmian

        The constitution guarrantees access to certain information like the one Cord wants. If there is nothing to hide, why deny access. Simple logic you talk of. When IEBC hides public documents, its evidence enough that their figures were baked…wait and see fire when Oraro takes over.

        • george mwaura

          When Hassan began releasing the manual tally, he informed kenyans that some of the data was the same released earlier through the bugged electronic method;indeed what had been earlier released at the polling stations in the presence of party agents albeit now debugged .
          whoever planted the bug clearly wanted the spoilt ballots to frustrate attainment of a 1st round win ;a clear treasonable act.I want to believe that when the case is thrown out, the treason shall be investigated and the fellow brought to book(hanged!).

          The point is this, do you seriously think the chairman could issue this statement before establishing his ground when he knew very well the repucussions?

          As i write, the applicants have failed to get the search and seize order they wanted so as to enable them (prepare a case or doctor the documents?You shall get the documents and any sane persons knows they tally with the chairman’s word.You guys will be in for a rude shock.

    • Francis

      @19852db1084763ee0528022a326349eb:disqus some bit of education.Nobody is refusing CORD the information that is “public”. They need to file a REAL PETITION in the supreme court to get it. They need to pay for it. Safaricom does not work for CORD! you cannot walk to safaricom and request call data/information from Kenyans without a court order.You cannot ask IEBC to provide you with “evidence”.

  • Gabby

    What happened? Did they did not sue KImemia after having accused him of planning the Jubilee onslaught at the polls?

  • Jusmi

    A leader is appointed & choosen by God, You cannot force yourself to lead. I thought Cord said they have evidence to sue IEBC for stealing victory from them, kindly note not all registered voter voted, point number two as a party been represent by their agents all over the country they should be having the copies of the forms they are asking for, as for voter registration it was in public domain when almost all media printed them on their paper. If they have nothing to do they shouldnt do it. Kenyan are tired of dramas, they should go court or keep quite rather than spreading propagandas

    • Gemmian

      “Little knowledge is dangerous Jusmi”. Agents do not keep register containing names of those who voted, they are normally returned to IEBC. The list containing names of those who registered are not kept in any public place or library, they are with IEBC. The papers only printed numbers but not names……ai….understood? Am a kenyan and am not tired of ndlama.

      • Gabby

        @ Gemmain: Results RETURNED to the IEBC have been; first, okayed by ALL agents including CORD agents and announced at the local level and that’s why the Senator who won in Homa Bay for example is not saying he would have won much MORE were his votes NOT ‘stolen’ and given to another senatorial candidate in a Jubilee stronghold but only Raila is claiming this for the presidential ballots. Expect it when the Governor/ Senator, Assembly Member and/or Ward tallies finally come out into the public domain, well, these SHOULD be in parallel with numbers balloted at constituency level for president i.e all senators’ votes cast should match the presidential ballots cast in that constituency and the same can be said for W. Rep, N. A Rep, and County Assembly Ward Rep (C.A.W). CORD should then shut down and stop being a political party and go the KANU way probably start selling mandazis on the streets to learn how to count well again and stop wasting our time………..

    • Mlevi

      If Leaders are appointed by God explain to me Hitler?

    • Gemmian

      Are Omar, al bashir, Robert Mugabe, Yoweri Museveni……..chosen by God?

  • Kitchen Kompanions

    Question? if CORD won this elections as they were, would it have still taken IEBC to court for declaring them winners on a flawed election?

  • http://www.facebook.com/kim.k.kim.94 Kim Kimani Kim

    I think the only evidence that these guys have are the opinion polls showing RAO emerging victorious. They’ll probably ask Angela Ambitho to testify that she conducted scientific polls and that the only way UhuRuto could win was by rigging. Best of luck MaCORDofia.

    • Gemmian

      Your thinking is skewed man

    • tony

      haha sooo true

  • Gabby

    It is NEVER transparent unless Raila wins. That’s the starting point in this saga. So when the case is thrown out as it will, they will need to pay back all the anxiety and lost time that the whole world is going through because of their bloated sense of entitlement to State House that WILL never come to pass. You ‘Sons of the Lake’, fall back behind the likes of Tuju and you will taste it one day!

  • Kompanions

    By the way IEBC categorically stated, before any announcement of vote tallying from any constituency was made the party agents had to ascend to the results. So what really happened? call it a narrow margin, call it a point zero seven margin the candidate won by over 700,000 votes,

    • Gemmian

      Party agents can not stop rigging. Moi used them. Kibaki the same. But now we have a dependable court system.

      • Gabby

        So why have CORD agents who can be compromised? Go contest another position like Parent-Teachers Association Committee Chairman at the local High School! There will be no compromising of YOUR OWN agents!!!!