Kenya presidential re-vote: highlights of closing argument for invalidating the IEBC’s second try

The good people at www.NeverAgain.co.ke have given us an edited version of the concluding argument in the Supreme Court from Julie Soweto, counsel for petitioners Njonjo Mue and Khelef Khalifa: Kenya’s Supreme Court judges have a choice between upholding the beacon they raised or apologizing for doing the right thing:

We, the people, are beseeching this Court to act again in defence of the law and the Constitution. If we are to summarise our grievance in this petition, it is this, IEBC and the Chairperson of the IEBC simply do not seem to understand the Constitution and the law. Either they do not understand it, or they believe they can get away with disregarding the law.

The starting point is September 1, 2017 because that is where this Court gave its direction: Go and conduct a fresh election in strict compliance with the Constitution and the applicable law.

We are going to demonstrate that IEBC and the chairperson simply did not do this.

. . . .

Our petition rests on five limbs: the absence of universal suffrage, the environment of violence and intimidation; the independence of the electoral management body; its dishonesty and duplicity; and its failure to follow the law and its own procedures.

. . . .

Thirdly, this Court cannot avoid the reality before its eyes, which is that the IEBC appears to be under the thumb of the Executive, currently controlled by the Third Respondent. Their pleadings are either similar or complementary. The affidavit of the IEBC chairman, is proof that the commission was never independent but was working overtime to please political players such as the National Super Alliance and the Jubilee Party. The internal incoherence of the commission is proof of its discordance, brought to light most dramatically by the resignation of Commissioner Roselyn Akombe.

Part of IEBC’s dysfunction is right before the Court in the form of the affidavits sworn by the vice chair on her own behalf and on behalf of five other commissioners excluding the chair. What is to be understood by this?

IEBC is wholly to blame for this state of affairs. Their own internal environment precipitated the climate of violence and intimidation.

Dr Akombe feared for her life. The Chairperson’s address on October 18, 2017 acknowledged her as “one of our brightest”. His statement show and confirm his awareness that this was no environment to hold a free, fair and credible election. This is the National Returning Officer making such statements a week to the election. Can it then be argued that his own statement did not have an effect on the conduct of the electorate? For one side, definitely, he must have affirmed and reinforced their convictions that the election was a sham. Could this damage be undone in seven days?

That damage had led to the withdrawal of a candidate, which precipitated boycotts and attendant consequences. The IEBC is squarely to blame for this state of affairs. This is the chairperson confirming the internal environment of the IEBC was discordant. At this point the damage is already done. It is too late. He confirmed that there were attempts to interfere with the commission and that there was partisanship within it.

What could he and should he have done? He could have come to this Court and presented his challenges. He came to clarify what to do about wrong numbers! How to do add numbers. If he had read and applied the Constitution holistically he could similarly have come to seek help. He did not.

Fourth, the IEBC decided what law to follow and what law to ignore. It chose to rely on the Supreme Court decision in 2013 where it provided that only the President-elect in a nullified election and the successful petitioner should contest the fresh election; but it did not want to obey the direction that one candidate abandoning the race would automatically require a new election. The IEBC printed ballot papers with Shakhalaga Khwa Jirongo’s name on the list of candidates on October 19, and then gazetted his candidature on October 24, 2017. It declared that no nominations would be conducted, when it could have declared the candidates as having been nominated by dint of the Supreme Court’s nullification of the August 8, 2017 election. It held consultations with a variety of stakeholders but neglected to inform political parties about the gazettement of returning officers.

Finally, the IEBC has been unable to tell a consistent story about the elections. The number of registered voters is a moving target. The voter turnout in the fresh presidential election changed at least three times. Voter turnout is the true north of any credible election result, and it is locked down at the close of polling. The Commission’s behaviour around the voter turnout suggests that it was fluid.

. . . .

Kenya’s election “compromised and contaminated” or “compromised and bungled” by IEBC finds Supreme Court

The Supreme Court of Kenya’s long awaited reading of its full opinion on the presidential election petition this morning squarely hammered the discrepancies between the process requirements of the law and what the evidence showed  happened.

The Court found explicitly, for example, that the affidavit submitted by the IEBC asserting that all of the tally papers had security features was contradicted by the documentary evidence eventually produced by the IEBC under order of the Court in the hearing.

The Judiciary website seems to have been down from before the announcement so I will have to wait to read the opinion.

The Court made clear that there would be no basis for it to uphold a similarly compromised process in a fresh election.

The ball is squarely in the “court” of the IEBC and its advocates and funders to grapple with the “contamination” and its causes to find a solution.

(On the submission of the Preliminary Statements of Election Observation Missions as evidence to bolster the defense of the IEBC, the Court said they could not be considered as they did not go beyond looking at the voting and counting at a sample of polling stations.  This is good news in correcting one of the flaws from the original 2013 presidential petition litigation.)

Update: Business Daily: “”Supreme  Court says IEBC failures led to poll nullification”.   

Globe and Mail:  “Kenyan Court blasts Election Commission as political tensions rise”

 

Latest “gangland style hit” of opposing voice in Kenya reminds of neglected seventh anniversary of the murder of Oscar Foundation leaders

Here is my remembrance post from last year for the sixth anniversary of the murders of Oscar Kingara and John Paul Oulu.  

The hit last week of Jacob Juma–a combative and controversial businessman who had taken on a public profile as a vocal critic of corruption in the Kenyatta government, and political proponent of the opposition–was clearly intended to send a chilling message.  Care was taken to make sure the killing was unambiguously seen to be an assassination even though it happened overnight without known third party witnesses.  It would have been simple to raise doubts about common robbery as a motive if the killers were worried about being caught as opposed to frightening other potential victims.

Juma had been “vocal” on  most of the hotest contemporary corruption topics, including the multi-faceted looting at the National Youth Service and the “Eurobond” debt.  The day of the hit, May 5, he was focused on the IEBC and “tweeted” a picture of former U.S. Ambassador Smith Hempstone from time of the end of the Cold War and the “second liberation” to the current ambassador.  

Kingara and Oulu will continue to be missed as Kenya is faced with yet another extrajudicial killing–the kind of thing that the Oscar Foundation investigated when its leaders where denounced by the Kenyan Government, then assassinated.

New testimony in Kenya’s Parliament on Election Commission “Chickengate” procurement corruption ahead of visit by Obama and U.S. Congressmen

k”Ex-ICT boss tells Parliament that IEBC bungled 2013 electionThe Star July 22, 2015:

“We were put under tremendous pressure to ensure the Evids succeeded. Just days before the certification of the register, we were forced to transfer data, leading to serious discrepancies between the BVR register and the Evids one,” Ong’ondi said. Ong’ondi was speaking when he appeared before the parliamentary Public Accounts Committee chaired by Rarieda MP Nicholas Gumbo. The committee is probing the acquisition and subsequent failure of electronic devices used by the IEBC.

. . . .

He explained how business interests triumphed over responsibility upon the commission to deliver a reliable and effective ICT infrastructure that could guarantee, beyond reasonable doubt, a transparent election process.

He provided various dates on which Hassan and IEBC commissioner Mohammed Alawi reportedly forced him to meet individuals pursuing tenders in the commission, both in Mombasa and in Nairobi.

“I was forced to meet people pursuing highly valued tenders. During a retreat in Mombasa the chairman asked me to meet one of his friends whom he said was interested in seeking business with the commission,” Ong’ondi said.

Yesterday Hassan said he could not remember the said meeting . . .

. . . .

The International Forum for Electoral Systems had raised concerns that the tender for the supply of the devices be cancelled because of time constraints to effectively rollout the infrastructure. He said the technology was rushed, without enough time to train polling clerks, leading to massive failure of the system in many parts of the country. “It was true that some clerks were seeing the devices for the first time during the voting day.

From the Daily Nation:   “Hassan tried to influence BVR kits tender, MPs told

See also: USAID Inspector General should take a hard look at Kenya’s election procurements supported by U.S. taxpayers (February 17, 2015)

Why would we trust the Kenyan IEBC vote tally when they engaged in fraudulent procurement practices for key technology? (March 24, 2013)

Nigeria example shows U.S. and other donors must act now on Kenya IEBC technology procurement corruption (April 1, 2015)

Curriculum Cooking Kenya Vote

“Curriculum Cooking”

Washington sees that Uhuru’s security approach is counterproductive; Kenya’s democrats still must counter Uhuru’s DC lobbyists to hope for better U.S. policy by 2017

As Kenya’s politics shift into more focused attention on the 2017 presidential race, Kenya’s security environment has become so conspicuously bad that all sorts of people are noticing and commentating in Washington, with an unusually broad consensus that the Uhuruto administration is failing: draconian and corrupt crackdowns unnecessarily alienating Kenyans whose cooperation is needed; corrupt diversion of resources from national security needs as notoriously demonstrated in the successful Anglo Leasing scams; gross incompetence as reflected in the tragically late response to the Garissa University terrorist takeover.

For but one small sample, see today’s “DefenseOne” with headline “How Kenya’s Counterrerrorism Turned Counterproductive”.  You cannot get more mainstream DC than a Council of Foreign Relations post republished in Atlantic Media’s DefenseOne.

One might expect that a lot of people in Washington would be moved to take a hard look in the mirror under the circumstances, given the U.S. policy of, at best, actively looking the other way as Kibaki stole re-election in 2007, and the fact that the U.S. ended up doing far more to help than hurt the Uhuruto election effort that Kibaki supported for his succession in 2013.  But that won’t happen; domestic politics in the era of the “permanent campaign” stifles critical self-examination in our foreign policy establishment in Washington.  Thus it is incumbent on Kenyans who don’t want the U.S. to repeat its mistakes of 2007 and 2013 to engage with American policy now before it is too late for 2017.

Let me digress to make sure there is no confusion about the U.S. role in 2013 and the fact that the U.S. did more to help than hurt the Kenyatta and Ruto ascension in 2013.

Yes, I know, Jendayi Frazer vociferously accused the Obama administration of “interfering” in Kenya’s 2013 campaign, against Uhuruto, because her successor Johnnie Carson made a single reference in one statement that “choices have consequences”.  In reality, so far as I know, Carson’s statement was “damage control” from within the Obama Administration after Obama himself issued a statement to Kenyans on the election of fully vetted bureaucrateez, saying nothing.  Because Obama made an affirmative statement, saying nothing, he created, predictably, an opening for the Uhuruto public relations team to take to the media in Kenya with the assertion that Obama had made it clear that the U.S. had no concern about the election of those accused of prime roles in the 2008 post election violence.  The United States was thus embarrassed by the questions of whether it was being hypocritical on human rights atrocities and whether it was again, as under the first Kenyatta, and Moi, and Kibaki, sucking up to local powers-that-be in Kenya.  Carson’s attempted corrective, of course, made matters that much worse as it handed a tool to Frazer in the international, U.S. and Kenyan media, and to others within Kenya in the Kenyan media, to fire up Uhuru’s and Ruto’s supporters through a false (and profoundly ironic) victimization narrative.

Contrary to what I think were the honest expectations of some Kenyan human rights and democracy advocates, the consequences of the Uhuruto electoral success were nothing more nor less than those that followed directly from having these two particular individuals at the helm of state.  The United States, so far as I knew at the time, never had any intention whatsoever of any type of sanctions or penalty against either the two suspects or against the Kenyan government–and it seems to me that the way the U.S. handled its support of the IEBC and the immediate environment with the election controversy  definitively demonstrates that the U.S. had no desire or intention to impede Uhuru and Ruto from taking power even if we were not going to openly favor them.  Of course the knowledge of what had happened in the 2008 violence imposed some bit of color on the relationship after the Uhuruto inauguration but it didn’t have any major policy impact except to make the U.S. more circumspect, if anything, in any criticism of the Kenyan government and more ginger in avoiding anything seen as unduly supporting the old “reform agenda” from the first few years after the PEV so as not to offend those inflamed against the U.S. by the Uhuruto campaign rhetoric.

Substantively, the primary apparent U.S. role in the 2013 election was to spend many millions of dollars on a largely nontransparent basis to underwrite the IEBC, even though it turned out to be corrupt, and to facilitate sale and acceptance of the “results” it chose to announce. The “verification” of the margin of just a hair over the 50%+1 threshold without the actual tallying of all the votes.  In essence, the larger established pattern from 2007 if not the goriest of details from the backrooms.  While Ambassador Godec and his boss Carson did not embrace Uhuru in the way that Ambassador Ranneberger and presumably Frazer embraced Kibaki, the bottom line priority remained superficial “stability” over “deepening democracy”.

So where does that leave things now with the “chickens coming home to roost” on that superficiality as the ephemeral nature of the “stability agenda” becomes apparent?

Kenyan democrats must be more sophisticated in dealing with Washington–it is crucial that they engage to counter Uhuru’s new lobbyist teams from the Podesta Group (along with Uhuru’s hiring of Tony Blair and whatever other moves of this type have not be widely reported in the media).

In the wake of the 2013 mess at the IEBC, the U.S. Senate Foreign Relations Subcommittee on Africa initiated a critical unanimous Senate Resolution; that resolution never saw the light of day on the House side.  Why?  Arizona Senator Jeff Flake co-sponsored that resolution and is now Chairman of the Senate Subcommittee.  New Jersey Representative Chris Smith on the House side, whose Subcommittee would not take action on the resolution, is ripe for appeal on these issues as he is supporting a globalized Magnitsky Act approach to broaden and make more consistent U.S. sanction against human rights abuse, and he doggedly and successfully pursued the investigation showing that USAID funding was improperly diverted for partisan ends in the 2010 Kenyan referendum during Ranneberger’s tenure.  In this context, Smith should have no sympathies for actors like Uhuru or Ruto as individuals and certainly should have grave concerns about the monkey business with U.S. assistance at the IEBC.

But given that powerful well-connected people are getting paid by the Kenyan taxpayer to grease the skids in Washington the other way, it is imperative that Kenyans get the truth directly to Washington or risk the consequences of more misguided U.S. policy.  Likewise, Kenyans need to engage directly with the Dutch who funded the NDI pre-election polling in 2013 and the other Western donors who plumped for the ECK/IEBC operations in 2007-13 both through the UNDP and otherwise in the U.S. coordinated basket funding.

+USAID Inspector General should take a hard look at Kenya’s election procurements supported by U.S. taxpayers.

UhuRuto Campaign Ad Kenya 2013

UhuRuto billboard March 2013

Nigeria example shows U.S. and other donors should act now on Kenya IEBC technology procurement corruption

For the 2013 election, I have a copy of one last minute USAID procurement through IFES for the Kenyan IEBC related to the failed electronic results transmission system; I would assume there were other USAID procurements involved for the IEBC.  Notably, the Supreme Court of Kenya found that the main cause of the failure of the electronic results transmission system and the electronic voter identification system appeared to be procurement “squabbles” among IEBC members. “It is, indeed, likely, that the acquisition process was marked by competing interests involving impropriety, or even criminality: and we recommend that this matter be entrusted to the relevant State agency, for further investigation and possible prosecution.”   “Thoughts on Kenya’s Supreme Court opinion” April 13, 2013.  See also, “Why would we trust the IEBC vote tally when they engaged on fraudulent procurement processes for key technology?”, March 24, 2013.

From “USAID Inspector General should take a hard look at Kenya’s election procurements supported by U.S. taxpayers“, February 17,2005.

Election technology can work, in Africa, just as elsewhere, when it is not sabotaged by corruption.  Nigeria, a much harder case than Kenya, proved that this weekend.

While technology is “not a panacea”, it would have mattered in Kenya in 2007 when it was purchased for Kenya’s ECK at the expense of American taxpayers as an important part of our USAID assistance program if it had not been simply “shelved” by the ECK at the last minute (in a meeting the records of which the ECK refused to turn over to the “Kreigler Commission” charged with investigating the failed election).  It was a central part of the planned assistance program for 2013 shaped on the basis of the Kreigler Commission’s recommendations for what was required based on what was done and not done in 2007.  It was also in 2013 a central and necessary part of election process under the new Kenyan law for the new IEBC, replacing the discredited and disbanded ECK.  It mattered that it did not work, and that it could not have worked because of the failure to procure what was needed when it was needed.

Aside from the basic issues regarding the technology procurements that we have all known about since the 2013 election (and before in some cases)–so thus for more than two years at a minimum–we now have in addition–the “Chickengate” matter where bribery of IEBC officials for ballot paper printing contracts by a British company and its officials, through a Kenyan agent formerly employed by the IEBC, was proven in a court of law to the standards required for criminal convictions.

Yet we see no indication of legal action by the Kenyan government to follow through even on those bribes already proven in the British Court, much less a serious fulfillment of the two-year old recommendation of the Supreme Court of Kenya for the Government to investigate and possibly prosecute the technology procurement cases.  We certainly see that corruption issues are admitted to be remain pervasive at all levels of the current Kenyan government–and perhaps there is a newfound intention to address some of them (time will tell) but apparently no new mention of the IEBC. See “Read the list of public officers implicated in corruption and what the EACC accuses them ofThe Star, March 31. And “Analysis: Kenyatta’s corrupted corruption probe” by Simon Allison in The Daily Maverick, March 30.

What are we waiting for?  Shouldn’t we (the United States) have enough self respect to at least suspend our underwriting of this nonsense and to at least make it clear that we will investigate how our own dollars were spent regardless of what the Government of Kenya elects to do or not do?  Likewise other donors who may have paid for part of this?

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USAID Inspector General should take a hard look at Kenya’s election procurements supported by U.S. taxpayers

4292493510_a3a02344a7_o The successful prosecution of Smith & Ouzman, Ltd. and two of its officers by the U.K. Serious Fraud Office for paying bribes to Kenyan election officials to obtain contracts with Kenya’s Independent Electoral and Boundaries Commission (IEBC) should be a wake-up call in Washington.  Smith & Ouzman Chairman Christopher John Smith and Sales and Marketing Director Nicholas Charles Smith were sentenced last week and sentencing of the corporation is upcoming.

Ironically, perhaps, “capacity building” and procurement systems, along with the subsequently abandoned electronic results transmission system, were touted by U.S. Ambassador Ranneberger as features of the U.S. pre-election support in Kenya in 2007:

* “Developing the capacity of the Electoral Commission of Kenya (ECK) lies at the  heart of our strategy.  The USG funded International Foundation for Election Systems (IFES) has been providing support to the ECK since late 2001.  Activities focus on providing appropriate technology for more efficient and transparent elections administration while improving the skills of the ECK technical staff.  This support additionally includes capacity building and technical assistance to support election administration.  Technical assistance includes computerization of the Procurement and Supplies Department, which is responsible for printing and distributing election materials.  Assistance will also support implementation of the ECK’s restructuring plan, strengthening logistics capacity, and accelerating the transmission and display of results.”

From “Lessons for Kenya’s 2012 elections from the truth trickling out about 2007-New Cables From FOIA (Part One)” quoting a December 14, 2007 Ranneberger cable describing U.S. preparations for the Kenyan election.

For the 2013 election, I have a copy of one last minute USAID procurement through IFES for the Kenyan IEBC related to the failed electronic results transmission system; I would assume there were other USAID procurements involved for the IEBC.  Notably, the Supreme Court of Kenya found that the main cause of the failure of the electronic results transmission system and the electronic voter identification system appeared to be procurement “squabbles” among IEBC members. “It is, indeed, likely, that the acquisition process was marked by competing interests involving impropriety, or even criminality: and we recommend that this matter be entrusted to the relevant State agency, for further investigation and possible prosecution.”   “Thoughts on Kenya’s Supreme Court opinion” April 13, 2013.  See also, “Why would we trust the IEBC vote tally when they engaged on fraudulent procurement processes for key technology?”, March 24, 2013.

For a detailed narrative and links on the U.K. Serious Fraud Office case, see Corruption Watch-UK/Trial Monitoring: “Chickens come home to roost: the Smith and Ouzman African bribery case”:

The most serious allegations relate to 7 contracts with the IIEC in Kenya between 2009-2010, worth £1.37 million, where S&O made unusually high commission payments of between 27% and 37% of the contract price. Part of prosecution’s case was that the commission of £380,859 over 18 months paid to the agent, Trevy James Oyombra, was exorbitant, and clearly designed to include payments for officials.

The contracts in Kenya included ballot papers and voter ID cards for By-Elections, 18 million voter registration cards, Referendum ballot papers, and other products relating to elections, such as card pouches, OMR forms, ultraviolet lights. It was a feature of several of these contracts that the S&O subcontracted out the printing work to other companies, in one case to a Chinese company that delivered the goods for less than half the cost of the contract price.

This raises questions about whether S&O were compliant with procurement rules and whether it compromised the security and integrity of the electoral process by subcontracting.

Additionally, on several contracts, S&O delivered significantly less papers than they were contracted to do raising the question of whether the integrity of the electoral process was compromised. It was also a feature of some of these contracts that prices were inflated significantly after award of contract. In all the contracts, the alleged bribes were paid for by the Kenyan tax payers, as the cost of commission was reflected in the contract price.

The specific contracts were as follows:

  • June 2009 – Shinyalu and Bomachoge By-Election. S&O were to provide voter ID cards, and ballot papers – although in the end they provided only 142,000 papers against the 200,000 ordered.
  • January 2010 – 18 million voter registration cards. Once S&O had been awarded the contract they subcontracted the production of half the forms to another company.
  • March 2010 – contract for electors’ card pouches which S&O subcontracted to a Chinese company who delivered them for less than half of the contract price.
  • May-July 2010 – three different By-Election ballot paper contracts (South Mugirango, Matuga and Civil By-Elections) – where the contract price in each case was increased substantially (sometimes by 50%) after award of contract to permit bribes to be paid. The agent advised S&O against providing “chicken” to visitors to their factory in 2010 as there were other officials not from the IIEC who he said they shouldn’t give “the wrong picture” – undermining the defence’s argument that the company was just doing things the “African way”.  Significantly the company again delivered less quantities of ballot papers than were required in each of these three contracts – in the case of the Civic By-Elections some 40,000 less than ordered.
  • July 2010 – a contract to provide 14.6 million Referendum Ballot Papers in which S&O worked out an uplift per ballot paper to factor in the bribery.
  • July 2010 – 1.5 million OMR correction forms and 1000 nomination forms in May.
  • July-December 2010 – ultra violet lights and other Parliamentary and Civil Ballot Papers.

Electoral officials at the IIEC were on several occasions described by the agent, Trevy, as trying to make money before they left the IIEC and went back into government. The agent described the officials at on stage as anxious and “broke”, and “they are desperate for the chicken”. The agent also said that officials told him that S&O needed to “be discrete since all peoples eyes and the government intelligence are watching their every move even on the phone to ensure transparency”.

The Kenyan officials named in court as recipients of payments were as follows: IIEC: Kenneth Karani (chief procurement officer); David Chirchir (IIEC Commissioner); James Oswago (IIEC Chief Electoral Officer); Dena; Kennedy Nyaundi (Commissioner); Gladys Boss Shollei (Deputy CEO); Issack Hassan; Hamida, Tororey and Sang.

Several of these officials are still in government: David Chirchir is current Energy Minister in government, and Issack Hassan is the current Chairman of the Independent Electoral and Boundaries Commission (IEBC) which took over from the IIEC.

The scope of the successfully prosecuted bribes to Kenyan officials, in particular the Kenyan Interim Independent Electoral Commission, now Independent Electoral and Boundaries Commission, was such as to suggest the corruption was not unique by time or geography.

Although USAID, as referenced in the State Department cable quoted above, has provided millions for the operations of the Electoral Commission of Kenya and its successors on a regularized basis since embedding IFES in the Electoral Commission of Kenya, ECK,  in 2001, I do not know whether there was any direct U.S. funding, or U.S. funding through a “basket” administered through UNDP or otherwise, implicated in the specific acquisitions involved in the prosecution.  At the least, given the level of U.S. funding for the Kenyan elections through this time period, the U.S. indirectly underwrote the ability of the Kenyan election officials to corruptly overpay for those things the U.S. was not helping to pay for.

The time period during which the offenses at issue in this U.K. prosecution occurred was 1 November 2006 through 31 December 2010.  Also during this time, for instance, IFES awarded  a more than $3.4M competitive procurement for USAID to Smith & Ouzman for polling booths for Sudan’s National Election Commission for 2010 elections.  Although there may be nothing at all irregular, it is worth noting that Smith & Ouzman has generally been identified as a “printing company” and its election related products and services marketed on that basis.

From a 2008 IFES election materials “buyer’s guide”:

Smith & Ouzman, Limited

www.smith-ouzman.com
Brampton Road
Eastbourne, Sussex BN22 9AH
UNITED KINGDOM
Contact: Christopher Smith, Managing Director
Tel: +44 1323-52-4000
Toll Free: 0800-298-2911 (UK only)
Fax: +44 1323-52-4024
elections@smith-ouzman.com

Providing the Ballot — Supporting Democracy Worldwide Smith & Ouzman, Limited, has been established for more than 60 years and is the globally trusted name in security printing, providing tailored secure ballot solutions to electoral commissions and authorities from Afghanistan to Zimbabwe, and many places in between. Our team of professional staff has considerable experience in election projects and ensures that ballot papers incorporate devices to protect against electoral fraud and are packed for distribution directly to polling stations. Smith & Ouzman, Limited is the company that provides you with security, integrity and reliability. ● Election Experience Afghanistan, ballot papers; Benin, indelible ink; Botswana, ballot papers; European Union, ballot papers, postal ballots; Ghana, equipment; Kenya, ballot papers, registration forms, voters cards; Kosovo, ballot papers, registration forms, postal ballots; Malawi, ballot papers, UV lamps; Mauritania, ballot papers; Namibia, ballot papers; Nigeria, ballot papers; Somaliland, ballot papers, indelible ink; Tanzania, indelible ink, security envelopes; Uganda, ballot papers, indelible ink; United Kingdom, ballot papers, poll cards, registration forms, postal ballots; Zambia, ballot papers, indelible ink; Zimbabwe, ballot papers.

According to the  IFES 2012 and 2013 Annual Reports, Smith & Ouzman was a corporate donor to IFES.

“[T]o dance on the graves . . .”–KPTJ letter to UK Serious Fraud Office on #Chickengate convictions

By NJONJO MUE, as printed at Business Daily, “Smith & Ouzman director’s crime goes beyond ‘chicken’ offer to IEBC officials”:

Mr Mue is programme adviser at Kenyans for Peace with Truth and Justice.

Kenyans for Peace with Truth and Justice (KPTJ), a coalition of more than 30 legal, human rights and governance civil society groups would like to commend UK’s Serious Fraud Office (SFO) for the successful prosecution of Smith & Ouzman, and two of its directors for overseas corruption, including the bribery of Kenyan election officials to obtain contracts for printing of poll materials.

We write this letter to give our perspective on the impact of corruption on elections. We do this in the hope that you will bring these matters to the attention of the court so that they may inform its deliberations on the sentencing of the directors and the company and the subsequent confiscation hearing.

We would also like to strongly suggest that the SFO call expert witness on this point so that the court can be fully informed about it. We would be happy to provide relevant names of experts in this area should the SFO need such assistance.

KPTJ was formed in the wake of the widespread violence that engulfed Kenya following the disputed 2007 presidential elections.

More than 1,100 people were killed, over half a million displaced from their homes, hundreds of women and men sexually assaulted as well as property worth billions of shillings destroyed in the chaos.

Kenya was saved from a full-scale civil war only by international mediation efforts led by former UN secretary-general Kofi Annan.

The mediation agreed on a raft of measures to address both the immediate crisis and the long-term underlying issues to bring permanent stability to the country, including constitutional and institutional reforms.

A commission of inquiry appointed to review the elections recommended a complete overhaul of the electoral process, including the disbandment of the then Electoral Commission of Kenya (ECK) and a fresh registration of voters.

The ECK was replaced by the Interim Independent Election Commission, the body whose officials Smith & Ouzman subsequently bribed to obtain business from.

The above background is important in order to demonstrate a number of key points.

First, both Kenyans and the international community invested a lot of time, money and hard work to ensure that the devastating political violence of 2008 would never occur again.

This was done through reforming the election management body and the appointment of new commissioners, among other measures.

For Smith & Ouzman to casually bribe  the new poll officials and justify it by claiming that they were just doing  business the “African way” is not just an insult to Kenyans and Africans, it is to dance on the graves of those who paid the ultimate price due to the failed elections.

Second, Kenya has frequently paid a high price in terms of lives lost and property destroyed as a result of disputed elections, the post-election violence being only the most extreme example.

Political violence in turn is often the direct consequence of having elections managed by officials of questionable integrity who cannot be trusted to deliver a free and fair election.

When Smith & Ouzman bribes poll officials to obtain contracts for printing election materials, the country not only incurs financial loss due to the inflated price, but also it ultimately pays a much higher price in terms of the loss of integrity of the electoral body and the subsequent instability and political uncertainty that the loss brings.

As far as financial consequences are concerned, it is notable that Kenya’s elections have been said to be among the world’s most expensive per capita, in spite of their generally poor quality.

Third, an election body, like a bank, survives on public trust and derives legitimacy and credibility not from the technical sophistication of their poll materials, tools and procedures, but from public faith in its impartiality, competence and integrity.

The bribery claims against Kenyan poll officials has resulted in loss of public faith in the agency and may lead to disputed elections and violence in future.
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The challenge for the West in Kenya’s 2012 election–and how we can learn and do better this time

What does Kenya’s High Court ruling on the civil society challenge to Uhuru and Ruto eligibility for election say about the state of Kenya’s judiciary?

It’s mid-May, do you know where you’re election results are?

 

Who needs “resources” to be cursed by corruption? Kenya falls below Nigeria on 2014 Transparency International index

In the 2014 Transparency International Corruption Perception Index released this week, Kenya tied for 145th worst out of 174 countries, with a score of 25 out of a possible 100, down from 27 in 2013 and 2014.  Nigeria received a 27.

According to the East African Bribery Index for 2014 released by Transparency International in Nairobi, for Kenya, as reported by The Standard, “Police service highest receiver of bribes shows report”:

.  .  .  .
On the probability of actual payment of a bribe when interacting with a sector, the police service was ranked first at 71.1 per cent. The tax service department was second at 31.4 per cent followed by the county administration at 25.9 per cent.
On the national share of the “national bribe”, the police service received the biggest share and almost accounted for almost half of all the bribes paid at 43.5 per cent. The land service department was second at 11.9 per cent followed by the Judiciary at 11.6 per cent.
“Majority of those who interacted with NPS felt if they had not given bribe, they would not have received the services. Twenty-seven per cent of those interacting with Lands services and 26.2 per cent with the Judiciary held the same view,” the report said.
It also emerged that 94 per cent of Kenyans do not report any bribery incident to any authority since majority say they do not know where to report. Others believed no action would be taken towards resolving their complaint.
The report described the current state of corruption in the country as high, with 54 per cent of the people saying corruption had increased within the last 12 months.
Friday’s “Big Story” in the Business Daily reports “Police Chiefs Used Secret Account to Steal Sh2.8bn from taxpayers around the time of the 2013 election.  Before the latest massacre in Mandera, the Kenyan media was starting to pay real attention to the latest #Chickengate scandal involving bribes at the Independent Electoral and Boundary Commission (IEBC) after Britain’s Serious Fraud Office brought the bribe payers to public trial over corruption in the contracts to print ballots. (No new news on the other IEBC procurement fraud cases involving the various technology purchases that have been outstanding since directed by the Supreme Court in April 2013.)
 But, not to worry: