NASA Statement on IEBC Preparedness for Fresh Presidential Election.

Earlier today, the Independent Electoral and Boundaries Commission (IEBC) claimed that it has rescheduled a meeting that had been planned for this morning with the National Super Alliance (NASA). We wish to set the record straight.

As at now, NASA is not aware of a scheduled meeting with IEBC. In any case, NASA does not intend to hold any casual meetings with the IEBC as currently constituted or under the ad hoc smokescreen in which it operates currently. We have made the considered decision that henceforth, we will only engage the Commission through an open and structured national stakeholder dialogue in which binding resolutions will be made and shared with the public.

No more boardroom meetings with IEBC.
NASA has today therefore delivered to IEBC a letter of pre-conditions necessary for a free, fair, credible and accountable election. In the letter, we restate that a credible election cannot be achieved by cosmetic exercises intended to ring-fence vote-riggers and vote-rigging. The preconditions are for purposes of a credible fresh presidential election and cover procurement of election materials; transparent use of and access to ICT; replacement irredeemable personnel who abetted electoral fraud and their crimes; gazettement of polling stations and; live media coverage of results declaration at the 290 constituency tallying centres in the same manner as done at the national tallying centre.

Our irreducible demands are not impossibilities. Ours are within the emerging broad international consensus that IEBC needs to correct the irregularities and illegalities committed in order to carry out a credible fresh election. In this context, we wish to note that the EU Observer mission has since revised its observations and made recommendations that are not dissimilar to what we have suggested to IEBC as our irreducible minimum.As we have pointed out before, our experience with the IEBC does not inspire confidence.

We do not believe that the IEBC leadership believes in good faith or keeping its word. Kenyans will recall that in the run up to the August 8th 2017 elections, IEBC Chairman Mr. Wafula Chebukati committed publicly not announce the presidential results until all results were in. He then proceeded to go back on his word and do the exact opposite. We are dealing with very dishonest individuals at the IEBC. When we visited the Commission two days ago, we were bombarded with a document titled Status update on the Commission’s Preparedness for the Fresh Presidential Elections that we had never been informed about. The document opens with reference to the Supreme Court’s annulment of the presidential election on August 8, and the attendant orders for a fresh election.
The document however conveniently failed to acknowledge that the court found the Commission culpable for “illegalities and irregularities” in the elections. That is dishonesty and a clear indication that the IEBC is living in denial.

The Commission wants to proceed to proceed as if the illegalities and irregularities never happened and as if it were never indicted by the same Supreme Court. This is despite the acknowledgement of the same by way of the widely publicized letter written by the Chairman to the CEO detailing these acts which in their entirely constitute one of, if not the most egregious and cynical breach of trust committed by public officials in our Nation’s history.
We are dealing with very thick-skinned and callous leadership at the IEBC that is not moved by the Supreme Court judgment, the unprecedented public outrage, and our attempt to impress upon them the gravity of the misdeeds.

IEBC is engaged in a glaring “see, hear, speak no evil” charade that is totally unacceptable to us, and the overwhelming majority of the Kenyan people. In the Commission’s view, picking “second tier” officers who were intimately involved in the scandal of August 8 election constitutes adequate reforms that should make us engage and proceed to elections. Furthermore their superiors are now back in charge. People who should be investigated for crimes that border on treason now claim to have investigated themselves, found themselves clean and taken control.

We do not have to remind the Commission that the Supreme Court declared the presidential election null, void and invalid and stated unequivocally that elections are to be adjudged on the constitutional threshold of a free and fair election. We see no evidence that the Commission is making a good faith effort to conduct a fresh election that fulfills the letter and spirit of the judgment.
IEBC is attempting to circumvent the illegalities and irregularities it was cited for. This is enough evidence that the Commission intends to conduct another sham election. This amounts to further contempt of the court and of the people of Kenya.

We will not allow this selective amnesia to stand. We reiterate that we shall not allow IEBC to conduct another sham election for which it is asking the Kenyan taxpayer to underwrite to the tune of KSh.12 billion. We hereby reiterate that there will be no elections on October 17. IEBC must fulfill the conditions necessary for the fresh election as ordered by court.

Lastly we wish to call the bluff on Jubilee disowning of a petition by its member to remove Chief Justice David Maraga. The country needs to know that disowning the Ngunjiri petition by Tuju is a cover-up of Jubilee intentions to intimidate and emasculate the Judiciary before the October 17 election and on numerous petitions filed against Jubilee. This was equally exposed when Jubilee Senators scheme to strip Judiciary powers in support of Uhuru’s vow to teach the judges a lesson.

Hon. Musalia Mudavadi, EGH
For NASA Coalition