Replying Affidavit of Ahmed Issack Hassan(Vol 1)-t

Gumbo & Associates, Advocates, 5th Floor K.V.D.A Plaza, P.O. Box 2718-30100 Eldoret Email:[email protected]

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Opposite Nairobi Baptist Church, P. O. Box 59839 - 00200

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REPUBLIC OF KENYA

IN THE SUPREME COURT OF KENYA AT NAIROBI

PETITION NUMBER 5 OF 2013

BETWEEN

RAILA ODINGA ............................................................................................ PETITIONER

AND

INDEPENDENT ELECTORAL AND

BOUNDARIES COMMISSION ............................................................ 1ST RESPONDENT

AHMED ISAACK HASSAN ................................................................. 2ND RESPONDENT

UHURU KENYATTA ........................................................................... 3RD RESPONDENT

WILLIAM SAMOEI RUTO ................................................................. 4TH RESPONDENT

INDEX TO THE 1ST AND 2ND RESPONDENTS' JOINT REPLYING AFFIDAVIT -VOLUME A

DOCUMENT PAGES

1 Sl AND 2NU RESPONDENTS 1 - 19

JOINT REPLYING AFFIDA VIT

"AIH.1 ,. 20

·'AIH.T 21 - 35

·'AIH.3A" 36

"AIH.3B" 37

"AIHA" 38 - 46

'-AIH.5" Annexed as the original Kenya Gazette Notice

No. 16727 of2012

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, . } "AIB.6" 47 - 58

"AlB.?" 59 - 64

"AIB.8" 65

"AIB.9" Annexed separately as Bard drives

"AIB.lOA" 66 -76

"AIB.lOB" 77 - 88

"AIB.lOC" 89 - 99

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REPUBLIC OF KENYA

IN THE SUPREME COURT OF KENYA AT NAIROBI

PETITION NUMBER 5 OF 2013

BETWEEN

RAILA ODIN GA ............................................................................ PETITIONER

AND

INDEPENDENT ELECTORAL AND

BOUNDARIES COMMISSION .................................................. 1 ST RESPONDENT

AHMED ISSACK HASSAN ...................................................... 2ND RESPONDENT

UHURU KENYA TT A ............................................................ 3RD RESPONDENT

WILLIAM SAMOEI RUTO ...................................................... ATH RESPONDENT

1 ST AND 2ND RESPONDENTS' JOINT REPL YING AFFIDAVIT

I, AHMED IS SACK HASSAN, a resident of Karen, Nairobi and of Post Office Box Number

45371-00100 Nairobi do hereby make oath and state THAT:

1. I am the Chairperson of the 15t Respondent, Independent Electoral and Boundaries

Commission (hereinafter "the Commission',), having been appointed as such vide Kenya

Gazette Notice Number 14091 of201land I am also the 2nd Respondent herein. I am also an

Advocate of the High Court of Kenya (annexed hereto and marked "AIH-I" is the Gazette

Notice No. 14091).

2. I am fully seized of the facts herein and duly authorized by the Commission, and hence

competent, to make this affidavit on my own behalf and on behalf of the Commission.

3. I have read and understood the Petition dated 15th March 2013, and filed in this Court on

16th March 2013 and the supporting affidavits filed in support thereof and I make this .-affidavit in response thereto. I have further been advised by the Commission 's Advocates on

matters of law relating to the said pleadings and affidavits and verily believe the said advice

to be sound in law. 1

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4. By virtue of Article 138(10} of the Constitution of Kenya, 20 I 0 ("the Constitution"), I am

mandated to declare the result of a Presidential Election, and deliver a notification of the

result thereof to the Honourable the Chief Justice and the incumbent President of the

Republic of Kenya.

5. The Presidential election conducted on 4th March 2013, saw a total of 12,221,053 votes cast,

out of which Hon. Uhuru Kenyatta garnered 6,173,433, being 50.07% of total votes cast,

thus satisfied the requirements of Article 13 8(4) of the Constitution ' to be declared the

President-Elect. The Commission also adopted the results of the election. The (annexed

hereto and marked "AIH ]" is the summary of the presidential election result and Minutes

of the Commission meeting adopting the said results).

6. I thereafter declared Hon. Uhuru Kenyatta as the President - Elect on the 9th March 2013, as

a result of the General Election held in the Republic of Kenya on 4th March 2013 and which

election and declaration is now the subject of the present proceedings before this

Honourable Court (annexed hereto and marked "AIH 3 A and B" are true copies of the

relevant declaration and the subsequent Gazette Notice).

THE DEPLOYMENT AND USE OF VARIOUS TECHNOLOGICAL/ ELECTRONIC DEVICES IN THE PREPARATION FOR AND IN CONDUCT OF THE GENERAL ELECTIONS

7. The Commission, in the exercise of its mandate under Articles 86 and 88(4) of the

Constitution, and Section 4(m) of the Independent Electoral and Boundaries Commission

Act, deployed the use of appropriate technology and approaches in the performance of its

functions .

8. The introduction and subsequent implementation of the various IT systems in use by the

Commission, particularly in the 4th March 2013 general elections, have been addressed in

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detail in the attached Supporting Affidavit of Dismas Ong'ondi, which affidavit I fully rely

on in response to the petition herein, in addition to the averments hereunder.

9. In response to Paragraph 6 of the Petitioner' s affidavit, I wish to state that the Comm iss ion

did not "abandon" the process of electron ic voter identification at the poll ing stations, as

alleged by the Petitioner. The electronic voter identification system was the second step in

the identification of voters, after the voter had been identified using original National

Identity Card or Passport and was at all times followed by identification using the Printed

Biometric Register on which the voters name would be crossed out. Presiding officers

experienced challenges in the use of the Electronic Voter Identification Devises (EVID) in

some polling stations, and had to resort to using the Printed Biometric Register alone. The

Printed Biometric Register also contained biometric details of the voters, more specifically,

the passport-sized photographs of the voters.

10. In further response to paragraph 6 and 7, I wish to state that the design of the electoral

system, and the processes of voting, counting, transmission, tallying and announcement of

election results, as contemplated under the Constitution, the Elections Act, and attendant

regulations, is primarily a manual system of voting, which was configured with various

safeguards to preserve the integrity of the process. The use of various electronic devices and

IT was an additional instrument to make the electoral process more efficient, and enhance

transparency, but not a substitution of the legally stipulated manual electoral processes.

11. In response to paragraph 8, I wish to state that, since its establishment, the Commission has

exercised its mandate within the framework of the Constitution of Kenya, the electoral laws

and regulations, and also within the guiding framework of the recommendations of the

Independent Review Commission (fREC), as contained in its report (the "Kriegler Report").

12. In response to Paragraph 9 of the Petition, I wish to reiterate my averments above to the

extent that the Commission's adoption of varioLls technological systems such as the

Biometric Voter Registration (BVR) technology was NOT meant to replace the legally

provided manual system of voter registration, but was meant to provide an additional layer

of efficiency and integrity in the electoral processes.

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13. In further response to Paragraph 9, I wish to state that, when the various technological

devices such as the EVID and Results Transmission System (RTS) experienced challenges

in some of the polling stations, the Commission communicated the said challenges to the

public by way of real-time/live television broadcasts, and also informed the public and

political parties of the steps it was taking to either resolve the challenges and ensure the

electoral process remained on course (annexed hereto and marked "AIH-4" are copies of

various media statements from the Chairperson and other members of the Commission).

14. In response to Paragraph 1 0, I reiterate my averments above and state that the manual

system for conducting the various electoral processes is the primary and legally recognized

mode of conducting the electoral process, and that the Constitution, electoral laws and

regulations have designed these manual processes with inherent safeguards that distinguish

them from previous electoral processes in Kenya, especially the 2007 general elections.

15. In response to Paragraph l1A, I reiterate my averments above, I further state that, with the

challenges faced in the deployment of the technologies on election day- the EVID and the

RTS, the Commission continued to use the primary manual electoral processes, which were

not in any way challenged, and constructively engaged political parties in the processes of

voting, counting, transmission, tallying and announcement of results.

16. In response to Paragraph lIB of the Petitioner's affidavit, I wish to state that the legitimate

expectation of the people of Kenya is anchored in the electoral framework, which

anticipated a manual electoral process, and which legitimate expectation the Commission

discharged as required by law. The use of technology was intended to act as a check and

control system and not a replacement of the legal system and as a check and control tool the

technology achieved its objectives as more particularly set out in the affidavit of Dismas

Ong'ondi, the Commission's Director Information and Communications Technology (lCT)

filed herewith.

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17. In response to paragraphs 13 and 14, the Commission, to the best of its knowledge, has,

from its establishment to the end of the 2013 General Elections, prepared for and conducted

the electoral process within the constitutional, statutory and regulatory framework.

18. In response to paragraphs 15 and 16 of the Petitioner"s affidavit, I wish to state that the tally

of registered voters has remained the same - 14,352,545 voters (which is the number of

14,352,533 and an addition of 12 voters from Soy Constituency in Uasin Gishu, and a

further 31,318 voters whose biometric information was not captured during the voter

registration exercise) - as it was in the officially certified Principal Register of Voters dated

the 18th February 2013. In addition the Commission resolved to allow all persons who had

been properly registered and appeared in the green book but were missing from the printed

register to vote as more particularly explained in the affidavit of Immaculate Kassait filed

herein.

19. Further the Petitioner's averments are misconceived, since they are based on the use of the

provisional statistics given to all the political parties by the Registrar of Political Parties for

purposes of planning for their political party nominations and for deployment of their party

agents and other related purposes.

20. In response to paragraph 25 of the Petitioner's affidavit, I aver that the Commission indeed

discharged its mandate in establishing accurate, secure, verifiable, accountable and

transparent systems for conducting the elections, as exhibited by the elaborate systems and

safeguards contained in various election laws and regulations the Commission formulated,

and Parliament approved, under Section 109 of the Elections Act. These include:

(a) The Constitution;

(b) The Elections Act, 2011;

(c) The IEBC Act, 2011;

(d) the Elections (General) Regulations, 2012;

(e) the Elections (Registration of Voters) Regulations, 2012;

(f) Rules of Procedure and Settlement of Disputes;

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21. In response to Paragraph 29(b) of the Petitioner's affidavit, I aver that in the various areas

identified by the Petitioner, whereby the tally of cast votes in presidential elections allegedly

exceeded the cast votes in other elections, there was no ballot stuffmg.

REGISTRATION OF VOTERS AND THE COMPILATION OF THE PRINCIPAL

REGISTER OF VOTERS

22. In response to Paragraphs 30, 31, 32, 33, 34, 35, and 36 of the Petitioner's affidavit, and the

Supporting affidavit of Janet Ongera C'RO 3""), I wish to state as follows regarding the

process of registration of voters and the compilation ofthe Principal Register of Voters.

23. The Commission gave notice that it was to commence the process of the compilation of a

Principal Register of Voters for all Counties, Constituencies and Wards and Kenyans

residing within the East African region, on the 16th of November 2012 vide gazette notice

number 16727 (annexed hereto and marked "AIH-5" is the said gazette notice).

24. In the conduct of the voter registration exercise, which was carried out by the Commission

throughout the country from the 17th of November 2012 to the 18th of December 2012, the

Commission used BVR Kits.

25. At the conclusion of the voter registration exercise on the 18th of December 2012, the

Commission sought and collated statistics on voter registration from its various registration

officers in the field, which resulted into a total of 14,337,339 registered voters.

26. However, this figure was provisional, pending verification of the data downloaded from the

registration devices from the registration officers. This meant that the figure of 14,337, 339

registered voters was likely to increase once all the registration data had been received from

the registration officers in the field.

27. In response to paragraph 11 in the affidavit of Janet Ongera I wish to reiterate the fact that

the figure of 14,337,399 registered voters referred to in the said affidavit was provisional

and not fmal and was subject to change.

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28. In response to paragraph 17 of the said affidavit of Janet Ongera, I wish to state that there is

no basis in fact or law for her assertion that the final number of registered voters would not

exceed 14,337,399. The number 14,337, 399 being a provisional statistic arising from an

incomplete tally, was likely to change once all the information as to the number of persons

who had registered as voters was considered.

29. I wish to state that until the Commission certified the register as by law required, the

information it held regarding those people who had applied to register as voters, remained

statistics and were in no shape or form the Principal Register of Voters.

30. In order to prepare the Principal Register of Voters, the Commission de-duplicated the

provisional register. This process involved the removal of people who had registered more

than once. These people were moved to the duplicates section of the register. Persons who

had registered with documents other than those permitted by law, which were a national

identity card or a valid passport, and any other permitted exceptions were removed to the

exceptions section of the register. Persons in the duplicate and exceptions sections of the

register were not allowed to vote.

31. In compliance with the Elections (Registration of Voters) Regulations, 2012, the

Commission opened up the provisional register to the public for inspection and verification

between the 14th of January 2013 and the 2ih of January 2013.

32. After the inspection process, the Commission realized that there were 31,318 persons who

had been registered and whose biometric details had not been captured. This was due to the

fact that certain people, due to the nature of their work, age or disability did not have

biometric information or features and those whose data was irretrievable from the BVRkits.

This group was registered in a section ofthe principal register entitled the "Register Without

Biometrics" (commonly referred to as the Special Register), so as not to disenfranchise

them.

33. Political parties were duly informed by the Commission about the existence of this section

of the principal register of voters. They were also informed that persons in this section of the

principal register of voters would be allowed to vote in the general election which was to be

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held on the 4th of March 2013 (annexed hereto and marked "AIH 6" are minutes of a

meeting between the Commission and the Political Parties Liaison Committee, and the

attendance register for the same).

34. After the Commission concluded all the adjustments to the provisional statistics arising from

the abovementioned inspection process, the Commission on the 18th of February 2013 met

and certified the register as provided by the Elections (Registration of Voters) Regulations,

2012. This is the Gazette notice referred to in the Affidavit of Janet Ongera in support of the

Petition, Marked "JO-4".

35. At the time it was certified the Principal Register of Voters had 14, 352, 545 duly registered

voters in the Biometrics Register and 31 ,318 voters in the Register Without Biometrics.

(Annexed hereto and marked as "AIH-7" is a true summary of the Principal Register of

Voters with Biometrics as certified by the Commission.)

36. The Principal Register of Voters sent to each of the electoral units contemplated under

section 4 of the Elections Act, 2011 therefore comprised of the following parts:

(a) The biometrics register;

(b) The exception register comprising of persons who had been double-registered;

( c) The Register Without Biometrics, comprising of persons with indistinguishable biometric

features, e.g. fmgers and facial features.

(d) Two lists - the "duplicates list", comprising of persons registered more than once and the

"exceptions I ist" comprising persons who registered with inadmissible documentation, or

any other exclusion.

37. The fact of certification of the Principal Register of Voters was published vide Gazette

Notice Number 2222 of 18th February 2013 . The Commission further advertised the said

fact in local daily newspapers with national circulation. (Annexed hereto and marked "AIH-

8" is a true copy of the said Gazette Notice) .

38. Whereas the said advertisements indicated that the Principal Register of Voters was

available on the Commission's website, the same was not uploaded on to the Commission's

website until the 24th of February 2013. This delay in uploading the Principal Register of 8

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Voters onto the Commission's website was occasioned by the fact that the said register was

still being divided into administrative streams for ease of voting.

39. In response to paragraph 19 in the affidavit of Janet Ongera I wish to state that the

14,267,572 was number gleaned from a document that was work in progress. For reasons I

have deponed to hereinabove, the number of voters in the Principal Register of Voters was

14,352,545 and not as is alleged in paragraph 19 of the affidavit of Janet Ongera (annexed

hereto and marked "AIH- 9 is an external hard drive containing the Principle Register of

Voters as certified by the Commission on 18" February 2013.)

40. I wish to state further that the CD-ROM served on the 1 sl Respondent, as Annex- JO-5 to the

affidavit of Janet Ongera is blank, and I am unable to respond substantively thereto.

41. In response to paragraphs 20, 21 and 22 in the affidavit of Janet Ongera I wish to state that

the expectation of the deponent of the said affidavit has no foundation in law.

42. In response to Paragraph 37(c) of the Petitioner's affidavit, I reiterate my averments

hereinabove, and state that the petitioner' s averments are III iscollceived, since they are based

on the use of the provisional register given to them by the Registrar of Political Parties for

purposes of planning for their political party nominations.

PROCEDURE FOR VERIFICATION, TALLYING AND ANNOUNCEMENT OF PRESIDENTIAL RESULTS AT THE NATIONAL TALLING CENTRE AND THE PARTICIPATION OF POLITICAL PARTIES

43. In response to paragraph 40 and 42 of the Petitioner' s affidavit, I wish to state that the

Commission and its officers and agents complied with the provisions of Regulation 83 and

85 of the Elections (General) Regulations, 2012, and further state that no evidence to the

contrary has been tendered by the Petitioner. I wish to rely on the external evaluation reports

of various electoral observers and monitors, who have confirmed that the process of voting

and counting of ballots, and the transmission and tallying of results, was conducted as

required by law (annexed hereto as "AIH-IO A, B, and C are the election observer reports).

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44. Tn response to Paragraph 43 of the petitioner ' s affidavit, and the affidavits of Janet Ongera

"RO 3", Prof. Larry Gumbe "RO 5", and Johnstone Nduya Muthama "RO 6", I wish to state

that, at the National Tallying Centre at Bomas of Kenya (hereinafter "Born as"), the chief

agents of Presidential Candidates were, from Wednesday 6th March, 2013, indeed allowed to

enter into the tallying room and observe the tallying of the Presidential election results.

45. Unfortunately, sometime in the evening, the political party agents inside the tallying room

became rowdy, precipitated altercations with the Commission staff undertaking the tallies,

and, in some instances, threatened to assault the Commission staff. This situation made it

impossible for the Commission to continue undertaking its tallying exercise, prompting

Commission to relocate the political party agents to a board room in the auditorium within

Bomas, and adjacent to the Tallying Centre. Each of the final tallies (Form 36) were

presented to the political party agents at the said board-room 20 minutes before the

announcement of the result to the public. The Political Parties would then undertake the

verification of the presidential election tallies before they were announced. The Presidential

agents assumed they had the power to verify and give approval before the announcement of

the results and introduced a new column in Form 36 to be signed by them and between 9am

and 5pm on 6th of March 2013 they had only approved five results and objected to 16 results

and in effect tried to usurp the function of the Commission and thus delay the declaration of

the results.

46. The Commission, so as to ensure that the results tallied were accurate, went over and above

the provisions of the Elections Act and Regulation 83 of the Elections (General)

Regulations, 2012 and established an elaborate audit process. As set out hereunder.

(a) The Commission constituted a 2-step audit process which comprised a regional

team to look at returns from specific regions as described below, and a

verification team to countercheck the regional teams' fmdings.

(b) The said teams at the national Tallying Centre at BOMAS of Kenya were given

specific duties towards checking and verification of the presidential election

results prior to and after announcement of the results by the Commission.

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(c) All the Returning officers at the constituency level were required to personally

and physically deliver the presidential election results at Bomas. For those

Returning officers in far-flung electoral areas, they would be airlifted to Nairobi.

(d) Once a Returning officer arrived at Bomas, he or she would be required to sign in

and indicate the time in which he or she arrived.

(e) The regional team at the national Tallying Centre was organized into ten (10)

teams (which had at least 4 people at any time) that handled electoral results from

various regions, as follows:

1. Team 1 - Western - Kakamega, Vihiga, Bungoma and Busia;

11. Team 2 - Eastern - Marsabit, Isiolo, Meru Tharaka-Nithi, Kitu, Machakos

111.

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and Makueni;

Team 3 - Central and South Rift -Trans -Nzoia, Uasin Gishu, Elgeyo

Marakwet, Nandi, Baringo, Laikipia, Nakuru,Narok, Bomet, and Kericho;

Team 4 - Garissa, Wajir and Mandera;

Team 5 - Central - Nyandarau, Nyeri and Kirinyaga;

Team 6 - Nyanza - Siaya, Kisumu, Homabay, Migori, Kisii and Nyamira;

Team 7 - Coast - Mombasa, Kwale, Kilifi, Tana River, Lamu and

TaitaiTaveta;

Team 8 - Nairobi, Kajiado, Thika, Muranga and Kiambu;

Team 9 - North Rift- Turkana, West Pokot and Samburu;

Team 10 - Diaspora Stations-Tanzania, Uganda, Rwanda and Burundi.

(f) Once the Returning Officer signed in at BOMAS, he was shown the relevant work

station and the regional team that would receive and process the results.

(g) The regional team received from the Returning Officer the Form 34s for

presidential elections and Form 36, on both hard and soft copies. It then ran a

accuracy test of the results as tabulated in the Forms 36 received from the

Returning Officer, which tests entailed checking the forms for the following: 11

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1. That the number of valid votes cast plus rejected votes equals to the total

votes cast;

11. That the total number votes cast for all candidates equaled the total

number of valid votes cast;

(h) If the accuracy test revealed inaccuracies, such as transposition errors this was

rectified.

(i) After the initial review by the regional team, the Returning Officer was then

forwarded to the next team, the Verification Team, which checked the Form 34s

and Form 36.

U) After the Verification Team made changes, if any, it certified that the results were

proper, and printed the NEW Form 36 for signature by the Returning officer and

the Verification Team leader.

(k) The Form 36 was then referred to the Chief Presidential Agents, stationed at the

board room in the auditorium within Bomas. The agents were given about 20

minutes to countercheck the Form 36 with their tallies, and would raise any issue

they had with the Form 36.

(1) The document would then be forwarded by the Commission to the main audit

team, which would once again verify the Form 36, and provide a written summary

of the numbers therein, for announcement at plenary.

(m)The Summary and the Form 36 would then be forwarded to the Commissioners,

who would once again look through the document, before announcing the results

at plenary.

(n) After the announcement of the results by the Commissioners, the Form 36 would

once again be referred to a team of two electoral officials, who would once again 12

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verify and fonnally input the data from the Fonn 36 into a spreadsheet for the

fmal presidential election results.

(0) In total, there were the following levels of scrutiny of the Presidential election

results:

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Counting and re-counting of votes at the Polling Centre;

Tallying at the constituency Tallying Centre;

Tallying at the County Tallying Centre;

Review by the regional tallying teams at the national Tallying Centre

Review by the Verification Team at the national Tallying Centre;

Scrutiny by Presidential Party Agents who were given the right to file any

written complaints against any of the results;

Verification by the Com 111 issiol1 ' S Commissioners;

Verification by the team of two (2) officials before the input of data into a

spreadsheet.

47. In response to paragraph 46 of the Petitioner' s affidavit, I aver that the Commission indeed

experienced various logistical and other challenges that delayed the commencement of

voting in certain areas around the country, and that these challenges were anticipated,

considering the complexity and grand scale of operations required to organize an election of

such scale. However, despite the delays in commencement of voting, the Commission and

its election officers and agents were guided by the provisions of Regulation 64(3) of the

Elections (General) Regulations, which required the Presiding officer to extend the voting

period by the period of lateness in commencing the exercise.

SECURITY LOGISTICS DURING THE VOTING EXERCISE

48. In response to paragraph 47 of the Petitioner' s affidavit, r wish to state that throughout the

electoral cycle and particularly during the campaigning period, voting day and counting and

tallying of results, the Commission recognized the key importance of security and the need

to consult and engage with the other Government departments so as to ensure that adequate

security arrangements were made. 13

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49. Further, the Commission made elaborate security arrangements in all parts of the country.

Indeed, the electoral exercise was peaceful in most parts of the country, except for few

incidences of insecurity in some parts of Mombasa, Kilifi and Garissa County, which

incidents were dealt with by the Security apparatus, details whereof are contained in the

Affidavits in further reply to this Petition.

50. In response to Paragraph 48 and 49 of the Petitioner' s affidavit, I wish to reiterate my

averments on the RTS above, and on the Affidavit of Dismas Ong'olldi attached hereto.

51. In response to paragraph 50 of the Petitioner' s affidavit, r reiterate my averments

hereinabove regarding the provisional and certified Principal Register of Voters.

52. In response to Paragraph 52, I wish to state that the Commission indeed, received and acted

on the complaints and queries of the Petitioner and his agents as and when they arose:

53. In further response to Paragraph 72 and 74 of the Petitioner's affidavit, r wish to state that

the tallying of presidential votes at the constituency, county, and national level was done

with the participation of the agents of the candidates and political parties present, and that,

at the constituency and county level, the political party agents present signed onto the Form

34s and Form 36s containing the presidential election result tallies.

54. In response to Paragraphs 83, 84, 85, 86, 87, 88, 89, 90, and 91 of the Petitioner's affidavit,

I rely on the further affidavits sworn in reply to the Petition and annexed hereto as "A/H-

11".

55. In response to paragraph 95 I reiterate my averments regarding the process of tallying and

verification at the national Tallying Centre above.

56. In response to Paragraph 97,98 and 99 of the Petitioner' s affidavit, I wish to state that the

Returning Officers, after tallying the results from polling stations, prepared, signed, dated

and gave copies to the candidates or agents present, the respective Form 34s, in accordance

with Regulation 83(1)(d)(i) of the Elections (General) Regulations, 2012. In addition, I wish

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to state that the constituency Returning Officers presented Form 34s together with Form 36s

at the National Tallying Centre.

57. In response to paragraph 101 of the Petitioner's affidavit, r rely on the further affidavits

sworn in reply to the Petition and annexed hereto as "A IH-I 1".

58. In response to paragraph 102 of the Petitioner' affidavit, I aver that the tallying process was

transparent as required by the Constitution, the Elections Act and the Elections (General)

Regulations, 2012, and no evidence to the contrary has been adduced by the Petitioner.

59. In response to paragraph 104 of the Petitioner' s atTidavit, r wish to state that, after the

Commission' s Information Communication and Technology (lCT) staff, together with the

IT specialists from political parties, had investigated and discovered the reasons for the

malfunction of the RTS, I issued a public statement explaining the causes of the RTS

malfunction, and the reasons for the anomalies in the number of rejected votes.

60. In response to paragraphs 105 and 106 of the Petitioner' s affidavit, I reiterate my averments

above, to the effect that political party agents were involved in the tallying of the

presidential votes at the polling centre, constituency, county and national tallying centres,

and that the allegation of cast ballots exceeding the number of registered voters is as a result

of the petitioner' s misconception between the provisional number of voters and the certified

Principal Register of Voters, and their misconception of the tallying process.

61. In response to paragraph 112, 113, 114, 115, 116, 117 and 118 of the Petitioner's affidavit, r reiterate my averments above, and that the Petitioner has not provided evidence of his

allegations.

62. In response to paragraphs 109, 110, 119, 120 and 121 of the Petitioner·s affidavit, I wish to

state that the Commission discharged its mandate in compliance with the constitutional,

statutory, and regulatory mandate, and that my declaration of the results of the presidential

election is indeed valid.

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63. In further response to the allegations set out in the Petition and the affidavit in support

therefore, I wish to state that:

(a) the Commission compiled a Principal Register of Voters as envisaged by Section

4 of the Elections Act;

(b) the Petitioner has misrepresented the role and status of the various technologies

employed during the general elections held on the 4th march 2013;

(c) the challenges faced in the use of the technologies notwithstanding, the

Commission put in place adequate measures that ensured free, fair and transparent

elections, as envisioned under Articles 81 and 86 of the Constitution.

(d) The counting, tallying, transmission and declaration of election votes and results

were efficient, accurate, accountable, lawful and a true representation of the will

of the people of Kenya based on universal suffrage.

(e) The petition is premised on a misconception of the Principal Register of Voters,

the tallying process, and the legal framework, and would therefore not justify the

grant of the prayers sought in the petition.

64. What is stated herein is true to my knowledge. Where I have relied on information, I have

disclosed the source of such information and I verily believe the same to be true.

SWORN BY THE SAID

AHMED ISSACK HASSAN

ON thismnay of.N.tho13

}

Deponent

16

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19

)

)

)

/ ,

t j ',SPECIAL ISSUE '/ e5

.,. . l';;fll.' I ~~. \ '

HIGH . _ '/,/ ( 'Ollo1' LIBRARY

NA1ROBJ

) )

THE" 'teENY A GAZETTE Published by Authority of the Republic of Kenya

(Regislered as n Newspaper allhe G.P.U.)

Vo1.·CXIlI-No.l09 NAIROBI, 9th November, 2011 Price Sh. SO .. .,;.

Gi\Zml! NancE Ml. t 4091

THE CONSTITUTION OF KENYA

. THE INDEPENDENT ELEC1'OIML AND BOUNDARIES {!(?)MWS:toN ACT. 2011

'(No, '9 tif;2D'I r)

Al'I>OINTMENT~'C"A'IlPl!AAON Oft ~E INflI!PENDl!NT ELECTORAL AND· BOJJNDARJ~COMMISSION

IN EXERCISE of the piOWers'conte"rred on ~ by pei'ignlph 7 of the Flm Sehc4u1e 10 lire Indcpelldcrl1 Electoral and Boundaries . Commission Act. 2011, as IUd witt! 'section S of lhe. AOI. I. Mwai K:ibalci. Pretideitt alld Co~-in.chjef of tbe Kenya OI!lencc F'0l'CCt. in cOilsull.'ion wittt Ihe Prime ~inlster. appoinl -

AJiMRD-ISSA('1( HA.'1SAN

to be the ,,'hairpctson o( d1c Independ~nl Electoral and Boundaries Cllmmisa~n.

t)ated me 81h Novcmbtr •. 20 I I

MWAI KIFlAKI. . Pr('sItJent.

GAZ"nE Nann: No. 14&92

THE CONSrrnrnON 01" KENYA

TIIF.COMMISSION ON AI)MINISTRIITIVE)LJSTICE ACr.2011 (No. 23 0/2011)

AP.1'OINTMENT OF CllAtRPER.'iON OF TIlE COMMIS,'iION ON • APMINtS'lltATI VI! Jus nC:h .

IN-EXERCISE orthc POWl:rs conr..:;"'cd oll.me by section 11(1» of lite CnmJl)IIl.~inn \111 Adillillbllmlive Justice Ae\. 2011. QS reud with 5eCoon 9 o( .he ACI. I. Mwai Kibaki. Presidenl nnd Commander-in(.'hklf (If the Kenya l)etcner I:orccs. in consullnlion with Ihe Prime Mini~ler.IIJ'(I()inl - .

I'A\.II OTIfo''IIlI ' AMOI I II

(II be Ihe chairJ'Cl$on oflh~' {'!In\lni~silln un Atlfninililnllivc .I11~licc . l)al\:d Ih~ Klh NOVl:lIlhcr. 2011

MWAI KIBAKI.

GAztrrrE N011CE. NO. 14093

THE CONSnTUT10N OF KENY A

nil: COMMISSION ON ADMINISTRATIVE JUSTICE ACT, 2041 (No. 23 0120 I .)

APPOINTMENT OF MEMBERS OF TilE COMMISSION ON A PMINISTRA'I'IV/i JUSTICE

IN E~ERCISE oflhe powers conli:rred on me by seclion 11(9) of Ihe Commission on Administrative Justice Acl, ~Ol'. 8S read wilh se.clion 9 of Ihc ACI . I. Mwai Klbaki, Presidenl and Commander-inChief of the Kenya Defunce f·orces. in consultation wilh Ihe Prime Minister. appoint- .

Regina Gllllloni Mwatha (Or.). S8Jdia Abdikadir Mohamed.

to be members orthe COl11mission on Adminislllltive Justice. Doted Ihe 8th November. 20 II.

MWAI KIBAKI. Pres/delll.

OAZETffi NOTICE No. 14094

TII~ CONSTITUTION OF KENYA

nn:: INDl;PENDENT ELECTORAL AND BOUNDARIES (,'OMMISSION An. 2011

(No.9 q(2011)

ApPOINTMENT OF MI'.MnflRS OF THE INDEPENDENT EI.F:CTORAI. ;'1NI) BOUNDARIt:S COMMISSION

IN I!XHRCISE of the powcrs conferred on me by paragraph 7 of Ihe FirSI Schedule to the IndqM.'hdcnl Elee,orlll and BoundliMeS Commission Act. 20 II. as read wilh ·seclion 5 of Il\c Ael. I. Mwai Kiboki. rn:~idellr Rnd Conllnundcr-in-Chief III' the Kc:nya o.:rencc F(lrcc~ . in cllnsullation whh Ihe Prime Minisler. appoinl _

¥usu{ AbduJral'lUtlln !'/zi!:lo. M{lhamcd A1itwi HUSlIlln. Abdullahi M. Shlrawc, !.ilian HClkeeyeMllhiri ·i'.ajn. 'nlOma5 (.el.ngulc:. Joyce: MUlhoni Wanglli. Albertt'.O.llwirc. Kille Onlmn Gndnn ...

III h~ Ill~mh.:r~ ,)1' fhe Indcpl'lltknr I: wl:lllrol ;1fIt! !3oulldnrics ( ·olllnll~si()ll.

1)1IIctllhc Itlh N,wcmhcr. 2011.

MWAI KI8AKI. "'''tid,-,;,.

- . ThIs is the exhibit Marked" . It f /f429r-/ . •••••••••••••••••••••••• Ii

PRImED AND "PUBU8HIlD BY TIlE OOVERNMENT PR~_AI~ t~llnllxed Affid,..a~~O'J~iilration . ····1t.·· .. ·2··· m"·~~orn/D ~I~- r . b f ' . "I:l . . ~ O;13,me this... . ••• y ••• day of ~ ••••

•• ~... • •••• at •• ~r.!.t7J. •••••• ..c,; ••

,"

CONST CODE

001

002

003

004

005

006

007

008

009

010

011

012

013

014

015

016

017

018

019

020

CHANGAMWE

JOMVU

KlSAUNl

NYAU

UKONl

MVITA

COUNTY TOTAL

COUNTY PERCENTAGE

M5AM8WENl

LUNGALUNGA

MATUGA

KlNANGO

COUNTY TOTAL

COUNTY PERCENTAGE

K1UA NORTH

KlUFl SOUTH

KALOLENl

RA8Al

GANZE

MAUNDl

MAGARlNI

COUNTY TOTAL

COUNTY PERCENTAGE

GARSEN

GALOLE

BURA

COUNTY TOTAL

DIDA KARUA

209 63

196 103

395 175

404 153

314 77

177

5,695 748

2.09 0.27

127 108

142 178

221 274

141 410

631 970

0.50 0.77

160 223

113 195

150 196

105 168

167 283

583 283

240 423

1,518 1,771

0.70 0.81

196 109

168

310 54

674 227

;") ;:.

: ~ ,: Z C)

J :.. t) (,.l ~ If' -

l : O ' E • ~ 0 :"> ~

:t:i: ~ f.1 is

41 ~ :a~~: .~ ". -« :; E "0 "t:' ;- ,::; c.-. CI! ''' ~ ~ o

THE INDEPENDENT ElECTDRALAND BOUNDARIES COMMISSION ~ iiil~~ ~ .~j-: : ~~ l~a; U) -- a ~;;

CD S Jl ; ..0 J:. "0 ~ E \."'-':

KENNETH KENYATTA KIYIAPI MUDAVADI Mum ODINGA VAUD VOTES ib~ji ~ Ic.i..es CAST til =<t! .• JI:l"

MOMBASA COUNTY - CODE 001 ~ ! 0 .z "'"': 267 9,096 61 13 27,552 37,729 38,131

285 7,332 60 572 18 23,221 31,787 558 32,345

532 10,894 106 757 39,096 51,989 514 52,503

13,867 68 25 35,419 51,931 421 52,352

236 6,039 63 702 19 29,705 37,155 392 37,547

1,067 17,565 63 35 58,723 717 59,440

3,028 64,793 421 4,500 144 189,985 269,314 3,004 272,318

1.11 23.79 0.15 1.65 0.05 69.77 98.90 1.10 100.00

KWALE COUNTY" CODE 002

193 72 360 27 23,799 29,160 250 29,410

462 4,257 125 258 58 20,776 26,256 250 26,506

316 4,070 161 418 57 25,897 31,"11"1 234 31,618

632 4,832 295 95 30,935 37,796 241 38,037

1,603 17,633 653 1,492 237 101,407 124,626 975 125,601

1.28 14.04 0.52 1.19 0.19 80.74 99.22 0.78 100.00

KIUFI COUNTY - CODE 003

325 3,616 173 390 67 34,458 39,412 320 39,732

261 4,375 127 321 29 29,042 449

302 3,679 193 343 21,757 26,674 317 26,991

282 2,334 156 268 62 20,173 23,548 213 23,761

88 1,284 393 354 88 22,172 24,829 226 25,055

360 5,687 306 41 28,821 36,322 480 36,802

259 2,411 408 103 26,285 30,544 377 30,921

1,877 23,386 1,691 2,397 444 182,708 215,792 2,382 218,174

0.86 10.72 0.78 1.10 0.20 83.74 98.91 1.09 100.00

TANA RIVER COUNTY - CODE 004

236 7,805 76 155 21 16,461 25,059 163 25,222

74 4,190 65 194 19 13.075 17,849 150 17,999

52 63 108 31 10,130 21,172 196 21,368

362 22,419 204 457 71 39,666 64,080 509 64,589

1 OF 15

~ . " I \

REG VOTERS TURNOUT

58,972 61.66%

50,528 61.01%

66.17%

79,119 66.17%

57,858

82,924 71.680/0

408,747 66.62%

42,205 70%

77'1'.

68%

51,700 74%

174,443 72%

68,355 58%

65%

43,389 62%

33,996 ~ 70%

36,926 68%

55,853 66%

44,174 70%

336,132 65%

31.661 80%

21,820 820/0

25,973 82%

79,454 81%

THE INDEPENDENT ELECTORAL AND BOUNDARIES COMNIISS!ON

COUNTY PERCENTAGE 1.04 0.35 0.56 34.71 0.32 0.71 0.11 6L41 99.21 0.79 100.00

LAMU COUNTY - CODE 005

021 lAMU EAST 890 16 73 2,192 28 368 19 8,197 11,783 280 12,063 13,608 89%

022 lAMU WEST 802 65 177 15,485 99 320 38 14,765 31,751 357 32,108 38,738 830/0 COUNTY TOTAL 1,692 81 250 17,677 127 688 57 22,962 43,534 637 44,171 52,346 840/.

COUNTY PERCENTAGE 3.83 0.18 0.57 40.02 0.29 1.56 0.13 51.98 98.56 1.44 100.00

, TAITA TAVETA - CODE 006

023 TAVETA 78 108 109 3,943 146 233 44 15,918 20,579 253 20,832 24,224 86%

024 WUNDANYI 63 163 134 1,227 196 163 54 16,582 18,582 237 18,819 23,259 81%

025 MWATATE 99 263 183 1,888 192 326 58 19,816 22,825 238 23,063 29,436 78%

026 VOl 119 263 274 5,117 206 308 47 23,013 29,347 295 29,642 36,943 80%

COUNTY TOTAL 359 797 700 12,175 740 1,030 203 75,329 91,333 1,023 92,356 113,862 81%


GARISSA - CODE 007

027 GARl55A TOWNSHIP 1,493 35 182 9,360 21 168 8 11,813 23,080 192 23,272 31,756 73%

028 BALAMBALA 365 26 31 6,339 15 57 11 6,970 13,814 55 13,869 17,770 78%

029 LAGDERA 193 16 25 5,530 7 14 6 5,242 11,033 47 11.080 12,516 89%

030 DADAAB 798 12 95 o1,lM 17 29 7 10,472 15,534 89 15,623 19,304 810/0

031 FAFl 603 17 28 B,414 24 78 4 4,725 13,893 79 13,972 17,457 80%

032 llARA 201 4 333 7.925 17 38 8 5,502 14,028 56 14,084 16,399 86%

COUNTY TOTAL 3,653 110 694 41,672 101 3B4 44 44,724 91,382 518 91,900 115,202 80%


WAJIR - CODE OOB

033 WAlIR NORTH 1,064 19 23 6,835 27 51 12 6,318 14,349 109 14,458 15,764 92%

034 WAlIR EAST 2,068 28 m 9,200 28 47 12 4,108 16,270 123 16,393 19,484 84%

035 TARSAl 800 34 100 5,445 33 44 22 7,300 13,778 52 13,830 16,404 84%

036 WAlIR WEST 1,351 16 542 6,021 14 32 7 12,210 20,193 94 20,287 23,097 , 88%

037 ELDAS 432 8 164 2,794 15 17 8 6,868 10,306 54 10,360 13,086 79%

038 WAlIRSOUTH 2,896 49 75 8,632 31 198 10 12,908 24,799 112 24,911 30,256 820/0

COUNTY TOTAL 8,611 154 1,683 38,927 148 389 71 49,712 99,695 544 100,239 118,091 85%

COUNTY PERCENTAGE 8,59 0.15 1.68 38.83 0.15 0.39 0,07 49,59 99.46 0.54 100.00

2 OF 15

THE INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION

MANDERA - CODE 009

039 MANDERA WEST 118 1 2 14,855 8 5 1 267 15,257 34 15,291 17,015 90%

040 BANISSA 41 0 5 11,795 0 1 0 290 12,132 19 12,151 13,764 88%

041 MANDERA NORTH 349 4 13 28,919 8 7 4 682 29,986 54 30,040 37,571 80%

042 MANDERA SOUTH 95 1 3 9,431 2 5 2 128 9,667 22 9,689 10,574 92%

043 MANDERA EAST 1,204 26 253 18,515 34 37 19 2,719 22,807 147 22,954 28,722 80%

D44 LAFEY 195 9 4 10,918 4 6 6 280 11,0:122 70 11,492 13,122 88%

COUNTY TOTAL 2,002 41 280 94,433 56 61 32 4,366 101,271 346 101,617 120,768 840/0

COUNTY PERCENTAGE 1 .97 0 .04 0.28 92.93 0.06 0.06 0.03 4.30 99.66 0.34 100.00 ~

MARSABIT - CODE 010

045 MOYALE 2,052 22 37 20,230 32 215 7 10,858 33,453 142 33,595 38,590 87%

046 NORTHHORR 29 19 42 3,506 32 14 4 16,926 20,572 44 20,616 24,495 84%

047 SAKU 422 17 56 11,012 31 38 7 6,492 18,075 93 18,168 20,215 90%

048 LAlSAMIS 45 47 52 7,658 47 29 16 9,567 17,461 42 17,503 21,315 820/0

COUNTY TOTAL 2,548 105 187 42,406 142 296 34 43,843 89,561 321 89,882 104,615 860/0

COUNTY PERCENTAGE 2.83 0 ,12 0,21 47,18 0,16 0.33 0.04 48.78 99.64 0.36 100.00

ISIOLO - CODE 011

049 ISJOLO NORTH 2,926 60 163 18,489 61 106 19 12,335 34,159 250 34,409 40,039 ~ 86%

050 ISJOLO SOlITH 3,404 10 35 7,912 19 40 6 1,773 13,199 38 13,237 14,423 920/0

COUNTY TOTAL 6,330 70 198 26,401 80 146 25 14,108 47,358 288 47,646 54,462 87%

COUNTY PERCENTAGE 13.29 0:15 0.42 55.41 0.17 0 .31 0.05 29.61 99.40 0.60 100,00

MERU - CODE oli 051 IGEMBE SOUTH 118 153 234 35,760 90 122 46 3,074 39,597 457 40,0504 45,671 8S%

052 IGEMBE CENTRAL 66 159 182 44,412 155 139 25 3,707 48,845 513 49,358 56,111 88%

053 IGEMBE NORTH 36 141 176 36,983 81 48 24 2,820 40,309 387 40,696 43,905 93%

054 nGANIA WEST 44 179 184 34,839 122 122 26 2,073 37,589 328 37,917 43,454 87%

055 nGANIA EAST 71 241 244 38,019 96 128 SO 4,892 43,741 437 44,178 49,550 89%

056 NORTH IMENTI 110 261 508 48,165 173 160 54 4,685 54,116 404 54,520 62,581 87%

057 BUURI 107 24B 512 41,759 171 210 BB 4,018 47,113 653 47,766 54,501 ~ 88%

058 CENTRAL IMENTI BB 238 366 41,082 138 164 65 2,697 44,838 510 45,348 50,833 89%

059 SOUTH IMENTI 107 95 629 63,271 230 271 162 4,481 69,246 736 69,982 80,659 87%

COUNTY TOTAL 747 1,715 3,035 384,290 1,256 1,364 540 32,447 425,394 4,425 429,819 487,265 880/,

COUNTY PERCENTAGE 0.17 0.40 0.71 89.41 0,29 0.32 0.13 7.55 98.97 1.03 100.00

3 OF 15

c-· (~ \

THE !NDEPENDENT ELECTORAL AND BOUNDARIES COMIVIISSION

THARAKA NITHI - CODE 013

060 MAARA 65 127 217 43,084 175 81 30 1,849 45,628 473 46,101 50,870 91%

061 CHUKA/lGAM8ANG'OM8E 101 167 202 47,580 176 97 42 1,876 50,241 265 50,506 57,231 88%

062 THARAKA 80 250 193 37,733 188 169 65 3,395 42,073 304 42,377 47,386 89%

COUNTY TOTAL 246 544 612 128,397 539 347 137 7,120 137,942 1,042 138,984 155,487 890/.

COUNTY PERCENTAGE 0,18 0,39 0,44 92,38 0,39 0,25 0,10 5,12 99,25 0,75 100,00

EMBU - CODE 014 '.

063 MANYATTA 109 392 400 59,826 202 157 48 3,552 64,685 403 65,089 74,505 87%

064 RUNYENJES 89 330 294 54,898 176 135 61 1,812 57,795 600 58,395 66,047 88%

065 MBEERE SOUTH 127 223 214 32,397 243 265 98 9,632 43,199 401 43,600 50,141 87%

066 M8EERE NORTH 86 157 174 30,555 137 125 88 916 32,238 323 32,561 36,593 890/0

COUNTY TOTAL 411 1,102 1,082 177,676 758 682 295 15,912 197,918 1,727 199,645 227,286 88%

COUNTY PERCENTAGE 0.21 0.55 0 .54 89.00 0.38 0 .34 0,15 7.97 99.13 0.87 100.00

KITUI - CODE 015 -

067 MWINGI NORTH 108 298 200 5,980 547 571 140 29,189 37,033 104 37,137 43,934 85%

06B MWINGIWEST 80 228 229 2,671 188 569 1B7 27,716 31,868 388 32,256 35,393 91%

069 MWINGI CENTRAL 130 349 400 4,316 216 610 140 29,834 35,995 322 36,317 43,530 83%

070 KlTUIWEST BO 228 229 2,332 188 569 B7 27,716 31,429 388 31,817 37,025 860/0

071 KlTUI RURAL 118 599 211 4,187 249 470 121 23,255 29,210 391 29,601 34,969 85%

072 KlTUI CENTRAL 133 258 417 11,352 223 397 65 26,969 39,814 395 40,209 48,260 83%

073 KlTUI EAST 135 257 304 5,719 227 514 143 23,478 30,m 380 31,157 37,631 83%

074 KlTUlSOUTH 140 394 203 4,195 283 534 169 31,431 37,349 261 37,610 43,931 860/0

COUNTY TOTAL 924 2,611 2,193 40,752 2,121 4,234 1,052 219,588 273,475 2,629 276,104 324,673 ~

85%

COUNTY PERCENTAGE 0.33 0.95 0,79 14,76 o,n 1 .53 0,38 79,53 99.05 0.95 100,00

MACHAK05-CODE016

075 MASINGA 105 206 181 2,507 202 308 106 33,361 36,976 379 37,355 44,694 84%

076 YATTA 142 312 298 4,116 310 447 126 40,983 46,734 399 47,133 55,715 85%

077 KANGUNOO 91 187 198 1,900 210 255 83 30,749 33,673 366 34,039 38,879 88%

078 MATUNGULU 106 282 289 3,996 272 378 97 34,698 40,118 463 40,581 47,838 85%

079 KATHIANI 82 220 219 1,148 277 257 63 31,486 33,752 375 34,127 38,308 89%

080 MAVOKO 59 170 547 15,109 127 606 54 42,185 58,857 895 59,752 79,863 750/0

081 MACHAK05 TOWN 158 374 557 4,681 441 519 157 58,917 65,804 1,210 67,014 79,472 84%

082 MWALA 182 335 426 2,203 321 507 135 47,215 51,324 753 52,077 60,327 86%

4 OF lS

\ r

(' (~

\


\COUNlY TOTAL 925\ 2,086\ 2,715 35,660 2,160 3,277 821\ 319,594 367,238 4,840 372,078 445,096\ 84%

COUNlY PERCENTAGE 0.25 0.56 0.73 9.58 0.58 0.88 0.22 85.89 98.70 1.30 100.00

MAKUENI - CPDE 017

083 MBOONI 187 347 332 2,434 351 488 141 46.336 50,616 590 51.206 59,954 85%

084 KILOME 88 152 154 1.541 136 228 56 27,975 30,330 242 30,572 36,061 85%

085 KAIT1 121 236 222 1,559 239 338 102 33,193 36,010 320 36,330 41,937 870/0

086 MAKUENI 179 293 325 2,748 358 554 285 49,708 54,450 439 54,889 64,708 85%

087 K1BWEZI WEST 125 207 279 2,501 251 486 128 41,428 45,405 349 45,754 54,811 , 83%

088 K1BWEZI EAST 118 198 198 1,869 215 362 74 30,203 33,237 235 33,472 40,750 82%

COUNlY TOTAL 818 1,433 1,510 12,652 1,550 2,456 786 228,843 250,048 2,175 252,223 298,221 85%

COUNlY PERCENTAGE 0.32 0.57 0.60 5.02 0.61 0.97 0.31 90.73 99.14 0 .86 100.00

NYANDARUA - CODE 018 " " . .

089 K1NANGOP 45 141 152 79,193 117 96 2S 678 80,447 678 81,125 85,531 95%

090 K1PIPIRI 24 88 72 36,104 100 41 13 390 36,832 155 36,987 39,674 93%

091 OLKALOU 30 109 119 44,774 126 88 22 811 46,079 399 46,478 49,807 93%

092 OLJOROK 32 116 88 35,207 61 98 10 637 36,249 246 36,495 39,417 93%

093 NOARAGWA 31 72 73 37,530 96 175 18 373 38,368 294 38,662 41,555 93%

COUNlY TOTAL 162 526 504 232,808 500 498 88 2,889 237,975 1,772 239,747 255,984 94%

COUNTY PERCENTAGE 0.07 0 .. 22 0.21 97.11 0.21 0.21 0.04 1.21 99.26 0.74 100.00

NYERI - q>DE 019

094 TETU 18 101 92 36,378 105 73 17 339 37,123 283 37,406 39,602 940/0

095 K1ENI 58 235 210 72,412 224 138 34 1,371 74,682 531 75,213 82,017 92%

096 MATHIRA 58 322 209 72,210 153 147 43 991 74,133 556 74,689 80,247 93%

097 OTHAYA 119 86 127 42,957 50 92 48 424 43,903 416 44,319 47,292 94%

098 MUKURWEINI 39 118 98 39,197 121 71 27 368 40,039 218 40,257 42,636 940/.

099 NYERI TOWN 70 204 308 55,726 91 120 15 2,145 58,679 461 59,140 64,586 92%

COUNlY TOTAL 362 1,066 1,044 318,880 744 641 184 5,638 328,559 2,465 331,024 356,380 93%


, KIRINYAGA - CODE 020

100 MWEA 89 404 213 75,347 225 95 45 1,144 77,562 566 78,128 86,759 90%

101 GICHUGU 79 1,460 137 57,104 185 III 38 829 59,943 402 60,345 66,913 90%

102 NOlA 45 247 121 45.807 127 77 19 621 47,064 266 47,330 51,376 92%

103 K1R1NYAGA CENTRAL 52 327 184 53,610 163 70 29 877 55,312 433 55,745 60,242 93%

5 OF 15

'\ \


I COUNTY TOTAL 2651 2,4381 6551 231,8681 7001 3531 1311 3,471 239,881 1,6671 241,548 265,2901 91%


MURANG'A - CODE 021 ~

104 KANGEMA 34 94 109 36,235 >7 43 15 485 37,072 203 37,275 39,604 94%

105 MATHIOYA 42 116 107 39,587 80 53 18 630 40,633 160 40,793 43,526 94%

106 KlHARU 70 189 229 80,967 134 73 24 1,082 82,768 552 83,320 88,813 94%

107 KlGUMO 42 155 115 56,048 110 86 22 502 57,080 314 57,394 61,088 940/.

108 MARAGWA 43 158 171 61 ,176 99 109 40 1,707 63,503 337 63,840 68,835 93%

109 KANDARA 42 111 1>7 71,107 137 >7 24 619 72,254 392 72,646 76,926 94%

110 GATANGA 59 104 923 61,214 162 180 44 5,287 67,973 394 68,367 74,049 920/0

COUNTY TOTAL 332 927 1,811 406,334 779 601 187 10,312 421,283 2,352 423,635 452,841 94%


KIAMBU - CODE 022 ~ .

111 GATUNDU SOUTH 30 94 87 54,413 69 53 11 597 55,354 182 55,536 58,762 95%

112 GATUNDU NORTH 32 82 102 49,158 74 59 19 349 49,875 253 50,128 52,962 95%

113 JUJA 43 163 423 54,973 75 302 19 7,117 63,115 401 63,516 72,228 88%

114 THIKA TOWN 109 231 823 71,358 92 383 38 16,389 89,423 764 90,187 103,837 87%

115 RUIRU 63 233 756 76,403 81 43 18 16,286 93,883 783 94,666 112,391 840/0

116 GlTHUNGURI 38 90 138 71,094 75 89 24 1,112 72,660 327 72,987 77,159 950/0

117 K1AMBU 27 160 347 50,138 66 152 27 3,256 54,173 405 54,578 59,279 92%

118 K1AMBAA 21 134 321 57,337 78 299 21 5,532 63,743 518 64,261 70,156 920/0

119 KABETE 34 129 351 54,233 46 123 51 2,547 57,514 313 57,827 62,454 93%

120 KIKUYU 25 182 501 53,904 66 192 45 3,350 58,265 436 58,701 65,041 90%

121 UMURU 33 131 283 56,942 76 399 20 4,432 62,316 366 62,682 68,558 91%

122 LARi 24 83 122 55,232 37 97 23 733 56,351 315 56,666 59,001 ~ 96%

COUNTY TOTAL 479 1,712 4,254 705,185 835 2,191 316 61,700 776,672 5,063 781,735 861,828 91%

COUNTY PERCENTAGE 0.06 0 .22 0.54 90.21 0.11 0.28 0.04 7.89 99.35 0.65 100.00

-TURKANA - CODE 023

123 TURKANA NORTH 30 30 40 3,507 62 48 23 13,704 17,444 95 17,539 23,683 74%

124 TURKANA WEST 32 45 62 4,696 61 117 27 10,730 15,770 64 15,834 21,252 75%

125 TURKANA CENTRAL 56 297 147 11,254 150 218 71 13,277 25,470 148 25,618 34,486 74%

126 LOiMA 26 61 42 3,192 107 . 61 29 11,331 14,849 43 14,892 18,634 80%

127 TURKANA SOUTH 30 43 74 7,294 98 73 29 11,013 18,654 29 18,683 23,768 79%

128 TURKANA EAST 5 6 10 292 12 16 1 8,347 8,689 29 8,718 11,062 79%

60F 15

!~ -\

(~


COUNTY TOTAL 1791 4821 375 30,235 490 533 1801 68,402 100,8761 408 101,2841 132,8851 760/0

COUNTY PERCENTAGE 0.18 0.48 0.37 29.85 0.48 0.53 0 .18 67.53 99.60 0.40 100.00

WEST POKOT - CODE 024

129 KAPENGURIA 40 319 272 25,527 126 594 24 8,940 35,842 424 36,266 41,328 880/0

130 SIGOR 18 54 86 13,626 57 57 8 5,739 19,645 59 19,704 21,341 920/0

131 KACHEUBA 44 114 124 15,638 97 628 51 4,531 21,227 96 21,323 24,315 880/0

132 POKOT50UTH 33 214 154 24,981 92 99 23 5,752 31,348 142 31,490 34,002 930/.

COUNTY TOTAL 135 701 636 79,772 372 1,378 106 24,962 108,062 721 108,783 120,986 900/.


SAMBURU - CODE 025

133 SAMBURU WEST 20 32 72 7,060 66 56 9 17,005 24,320 92 24,412 26,917 910/0

134 SAMBURU NORTH 18 16 34 7,034 42 20 6 B,680 15,850 35 15,885 IB,018 880/0

135 SAMBURU EAST 16 22 33 7,991 88 46 5 5,401 13,602 50 13,652 16,179 840/0

COUNTY TOTAL 54 70 139 22,085 196 122 20 31,086 53,772 177 53,949 61,114 880/0


TRANS NZOIA - CODE 026

136 KWANZA 90 227 171 10,340 216 6,205 88 18,482 35,819 718 36,537 46,783 780/0

137 ENDE8ESS 104 154 140 11,213 215 4,012 68 7,608 23,514 712 24,226 28,962 840/0

138 SABOT! 113 194 224 17,278 171 5,331 83 21,763 45,157 821 45,978 55,791 ~ 820/0

139 K1MININI 115 206 249 9,505 2n 6,761 115 25,643 42,B71 1,157 44,028 55,533 790/0

140 OiERANGANY 84 185 251 26,130 198 2,453 85 18,539 47,925 1,253 49,178 57,571 850/0

COUNTY TOTAL 506 966 1,035 74,466 1,077 24,762 439 92,035 195,286 4,661 199,947 244,640 820/0


UASIN GISHU - CODE 027

141 SOY 71 143 184 39,441 169 1,037 26 9,546 50,617 505 51,122 57,496 890/0

142 TURBO 127 145 340 45,431 183 2,968 26 23,201 72,421 1,013 73,434 87,332 840/0

143 M0I8EN 38 69 231 35,091 129 606 21 7,195 43,380 401 43,781 49,591 880/0

144 AINA8KOI 39 62 186 28,838 119 539 13 4,631 34,427 419 34,846 38,979 890/0

145 KAPSERET 35 53 152 28,434 84 1,341 11 9,573 39,683 528 40,211 47,165 85%

146 KESSES 57 75 176 34,203 176 717 16 5,914 41,334 0 41,334 50.055 ~

830/0

COUNTY TOTAL 367 547 1,269 211,438 860 7,208 113 60,060 281,862 2,866 284,728 . 330,618 860/0

COUNTY PERCENTAGE 0.13 0.19 0.45 74.26 0.30 2.53 0.04 21.09 '8.n 1.01 100.00

7 OF 15


ELGEYO MARAKWET - CODE 028

147 MARAKWET EAST 38 69 596 23,195 94 73 16 895 24,976 161 25,137 26,887 93%

148 MARAKWETWEST 41 88 108 30,501 81 169 22 1,487 32,497 232 32,729 36,055 91%

149 KE1YO NORTH 50 59 130 26,010 105 180 17 1,449 26,000 203 28,203 31,061 ,

91%

150 KE1YO SOUTH 79 158 179 33,974 162 236 30 2,162 36,980 425 37,405 40,565 92% COUNTY TOTAL 208 374 1,013 113,680 442 658 85 5,993 122,453 1,021 123,474 134,568 92%

COUNTY PERCENTAGE 0 .17 0 .30 0 .82 92.07 0,36 0.53 0.07 4.85 99.17 0.83 100.00

NANDI - CODE 029

151 nNDERET 51 69 103 26,698 153 632 25 1,515 29,246 194 29,440 32,768 90%

152 ALDAI 94 132 130 34,893 278 5,039 52 4,766 45,384 395 45,n9 49,901 92%

153 NANDI HILLS 76 92 153 27.657 206 3,052 37 4,022 35,295 266 35,561 40,739 87%

154 CHESUMEI 92 95 162 34,291 209 3,279 25 3,832 41,985 479 42,464 47,724 89%

155 EMGWEN 77 105 146 28,639 166 4,686 45 4,624 38,488 543 39,031 44,211 88%

156 MOSOP 73 106 190 40,409 199 809 34 1,790 43,610 357 43,967 47,911 92%

COUNTY TOTAL 463 599 884 192,587 1,211 17,497 218 20,549 234,008 2,234 236,242 263,254 900/.

COUNTY PERCENTAGE 0.20 0 .25 0.37 81.52 0 .51 7.41 0.09 8.70 99.05 0.95 100.00

BARINGO - CODE 030

157 nATY 19 120 55 15,574 27 406 73 1,652 17,926 24 17,950 20,469 88%

158 BARINGO NORTH 32 131 36 28,174 63 77 9 989 29,511 246 29,757 32,558 91%

159 BARINGO CENTRAL 32 61 107 24,281 67 182 10 1,389 26,129 185 26,314 29,174 900/.

160 BARINGO SOUTH 34 55 99 16,656 108 112 14 6,479 23,557 209 23,766 26,675 89%

161 MOGono 43 50 92 20,495 77 138 12 1,220 22,127 173 22,300 24,093 93%

162 ELDAMA RAVINE 59 78 131 33,308 104 286 38 3,095 37,099 308 37,407 40,684 920/0

COUNTY TOTAL 219 495 520 138,488 446 1,201 156 14,824 156,349 1,145 157,494 173,653 91%

COUNTY PERCENTAGE 0 ;14 0 .31 0,33 87.93 0 .28 0.76 0.10 9.41 99.27 0.73 100.00 ,

LAIKIPIA - CODE 031 ~

163 LAIKIPIA WEST 86 220 190 70,760 139 253 43 3,517 75,208 292 75,500 83,267 91%

164 LAIKIPIA EAST 78 193 230 51,990 173 131 22 4,277 57,094 302 57,396 62,844 91%

165 lAIKIPIA NORTH 44 80 121 11,361 125 108 17 11,908 23,764 208 23,972 27,794 86%

COUNTY TOTAL 208 493 541 134,111 437 492 82 19,702 156,066 802 156,868 173,905 900/.

COUNTY PERCENTAGE 0 .13 0 .31 0.34 85.49 0 .28 0.31 0.05 12.56 99.49 0.51 100.00 -

NAKURU - CODE 032

80F 15

r .~

(~


166 MOLO 51 82 114 36,884 111 289 34 6,249 43,814 446 44,260 50,621 87%

167 NJORO 67 158 170 60,404 204 295 54 5,934 67,286 741 68,027 76,219 89%

168 NAIVASHA 82 147 266 75,898 122 811 24 20,124 97,474 70B 98,182 110,219 89%

169 GILGIL 65 109 169 44,324 79 283 20 7,477 52,526 426 52,952 59,204 89%

170 KURESOI SOUTH 75 119 142 31,761 155 128 43 1,383 33,806 353 34,159 38,135 90%

171 KURESOI NORTH 69 99 133 34,365 139 2S5 67 3,310 38,437 428 38,865 44,113 88%

172 SUBUKlA 43 90 97 33,797 92 100 40 1,386 35,645 305 35,950 39,012 92%

173 RONGAI 66 115 248 35,841 155 490 37 9,505 46,457 523 46,980 54,553 86%

174 BAHATI 38 76 167 52,142 101 135 34 2,827 55,520 440 55,960 60,768 92%

175 NAKURU TOWN WEST 87 90 285 31,754 74 1,264 7 26,263 59,824 695 60,519 71,603 ~ 85%

176 NAKURU TOWN EAST 92 149 558 57,069 73 851 20 21,202 80,014 450 80,464 90,872 89%

COUNTY TOTAL 735 1,234 2,349 494,239 1,305 4,901 380 105,660 610,803 5,515 616,318 695,319 89%


NAROK - CODE 033

177 K1LGORIS 77 143 243 23,873 918 402 34 19,738 45,428 351 45,779 50,903 90%

178 EMURUA DIK1RR 63 83 1,718 22,716 171 102 3D 1,222 26,105 197 26,302 28,597 92%

179 NAROKNORTH 42 53 309 18,080 285 223 31 34,991 54,014 453 54,467 59,657 91%

180 NAROKEAST 20 27 95 8,171 133 92 10 18,440 26,988 233 27,221 29,209 93%

181 NAROKSOUTH 44 55 98 21,379 186 88 12 21,697 43,559 194 43,753 49,884 88%

182 NAROKWEST 36 41 79 15,194 212 57 10 22,535 38,164 220 38,384 44,489 86%

COUNTY TOTAL 282 402 2,542 109,413 1,905 964 127 118,623 234,258 1;648 235,906 262,739 900/,

COUNTY PERCENTAGE 0.12 0.17 1.08 46.38 0.81 OAl 0.05 50.28 99.30 0.70 100.00

KAJIADO - COD~ 034

183 KAllAOO NORTH 75 261 921 53,702 117 698 20 26,853 82,647 BD4 83.451 101.275 82%

184 KAlIAOO CENTRAL 65 43 639 14.747 691 110 9 19,955 36.259 139 36,398 39,538 920/0

185 KAlIAOO EAST 39 88 407 24,044 477 614 9 33,060 58,738 601 59,339 71,482 83%

186 KAlIAOO WEST 15 48 171 22,358 304 lOB 8 20,488 43,500 221 43,721 45,833 950/0

187 KAlIAOO SOUTH 14 44 127 24,000 186 106 9 17,500 41,986 290 42,276 46,218 91%

COUNTY TOTAL 208 484 2,265 138,851 1,775 1,636 55 117,856 263,130 2,055 265,185 304,346 87%


~

KERICHO - CODE 035

188 I K1PKEUON EAST I 46 731 1541 34,3461 1261 3031 34 1,8771 36,959 3261 37,2851 41,7231 89%

189 I K1PKEUON WEST I 67 681 901 29,3451 2301 1511 27 1,8651 31,843 2621 32,1051 34,896 92%

190 IAINAMOI I 111 1171 2631 43,7341 2341 6891 49 7,1111 52,308 4991 52,8071 59,549 89%

90F15

THE INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSiON

191 BURET! 87 85 289 54,932 179 159 50 1,893 57,67~ 389 58,063 62,930 920/,

192 8ElGUT 75 108 223 ~3,~0 I~O ~35 ~I 3,~37 ~8,099 275 ~8,37~ 53,~1 90%

193 5lGOWEr/SOlN ~5 54 12~ 32,559 22 11~ 29 1,143 3~,090 178 3~,268 37,~19 92%

COUNTY TOTAL 431 505 1,143 238,556 931 1,851 230 17,326 260,973 1,929 262,902 290,458 91%


SOMET - CODE 036

I~ 50nK 97 lSI 284 50,275 169 165 36 1,698 52,875 319 53,1~ 57,911 92%

195 CHEPALUNGU 72 190 357 ~I,~8 172 184 ~3 2,558 ~5,52~ 284 ~5,8OB 51,267 89%

196 BOMEr EAST 63 90 162 35,010 I~ 1~9 55 1,~02 37,095 269 37,3~ ~I,009 91%

197 BOMEr CENTRAL 73 116 275 39,230 203 168 ~3 1,511 ~I,619 263 ~I,882 ~6,353 90%

198 KONOlN 52 169 ~25 ~~,038 166 ~26 30 3,2~ ~8,600 267 ~8,867 55,818 88%

COUNTY TOTAL 357 716 1,S03 210,501 874 1,092 207 10,463 225,713 1,402 227,115 252,358 90%

COUNTY PERCENTAGE 0.16 0.32 0.66 92.68 0.38 0 .48 0.09 4.61 99.38 0.62 100.00

~

KAKAMEGA - CODE 037

199 lUGAR! 197 160 159 1,186 284 17,119 106 27,~~6 ~6,657 905 ~7,562 56,829 84%

200 UKUYANI ~9 85 130 ~,052 138 ~,718 62 25,606 3~,840 536 35,376 ~2,727 83%

201 MALAVA 209 227 160 804 257 32,557 132 20,027 54,373 1,111 55,484 66,105 84%

202 lURAM81 86 88 166 2,366 168 15,~6 63 30,876 49,759 890 50,~9 61,479 82%

203 NAVAKHOlO 1~2 172 115 ~O 223 13,852 75 19,365 3~,58~ 514 35,098 41,~39 85%

204 MUMlASWESr 70 67 83 692 65 3,867 26 26,521 31,391 308 31,699 37,~92 85%

205 MUMlAS EAST 61 179 83 381 109 8,970 46 19,571 29,400 3~ 29,744 3~,163 87%

206 MATLNGU 96 1~6 135 560 1~6 7,161 5~ 31,059 39,357 ~11 39,768 ~5,969 87%

207 BUTERE 8~ I~ 176 52~ 135 ~.~8 59 3~,912 ~O,982 ~51 ~1.~33 49,586 84%

208 KHWl5ERO 85 98 165 351 151 5,250 101 25,318 31,519 3~ 31,883 38,483 83%

209 5HINYALU 103 122 106 5~ 198 18,O4~ 87 25,679 44,903 6BB ~5,591 56,004 ~ 810/0

210 IKOlOMANI 65 95 76 349 119 12,530 ~ 16,7~0 30,018 47~ 30,492 37,184 820/0

COUNTY TOTAL 1,247 1,583 1,554 12,469 1,993 144,962 855 303,120 467,783 6,996 474,779 567,460 84%


VlHlGA - CODE 038

211 V1HlGA ~ 87 72 416 121 15.~2 BB 11,111 27,631 0 27,631 33,693 82%

212 SABATIA 68 93 68 378 170 29,604 46 10,039 40,466 546 41,012 48,501 85%

213 HAMl51 142 191 130 939 230 19,590 70 21,8~2 43,134 730 43,864 53,388 820/0

21~ lUANDA 95 123 13~ ~67 153 9,7~5 57 18,602 29,396 523 29,919 36,137 83%

215 EMUHAYA 68 97 13~ 322 128 7,845 ~2 16,231 2~,867 280 25,1~7 31,103 81%

10 OF lS

~\

) -'


IcouNTY TOTAL I 467 5911 5381 2,5421 8021 82,4261 . 303 77,8251 165,4941 2,0791 167,5731 202,8221 83%


BUNGOMA - CODE 039

216 MT. ELGON 211 352 291 29,286 335 5,326 102 7,958 ~3,661 558 ~~,~ 19 ~9,367 900/.

217 SIRISIA ~ 220 151 1,135 1~8 7,363 67 16,057 25,235 ~30 25,665 29,763 86%

218 KA8UCHAI 162 252 183 '1,2~7 356 7,798 93 24,311 34,402 718 35,120 40,671 86%

219 8UMULA 225 320 255 1,332 329 17,425 154 25,890 45,930 817 46,747 53,033 880/.

220 KANDUYI 272 418 307 4,667 410 21,487 149 35,219 62,929 910 63,839 76,280 ~%

221 WE8UYE EAST 119 177 110 992 238 9,631 78 16,461 27,806 320 28,126 32,650 86%

222 WEBUYEWEST 164 212 187 1,288 269 14,529 132 14,819 31,600 410 32,010 37,793 ~ 85%

223 K1MIUU 111 I~ 148 1,643 212 11,578 67 16,323 30,276 473 30,749 37,399 82%

224 TONGAREN 171 322 230 1,398 304 12,731 123 28,381 43,660 670 44,330 53,486 83%

COUNTY TOTAL 1,529 2,467 1,862 42,988 2,601 107,868 965 185,419 345,699 5,306 351,005 410,462 86%


BUSlA - CODE 040

225 TESO NORlli 80 103 87 1,972 165 728 48 29,132 32,315 396 32,711 37,213 88%

226 TESOSOUTH 50 97 160 1,463 150 1,277 30 33,868 37,095 248 37,343 41,835 89%

227 NAMBALE 43 89 101 493 111 2,785 33 23,123 26,778 282 27,060 30,881 88%

228 MATAYOS ~ 74 99 2,398 116 4,307 20 26,669 33,767 388 34,155 41,222 83%

229 8UTULA 43 65 53 282 95 1,868 35 33,585 36,026 309 36,335 40,803 89%

230 FUNYULA 40 ~ 110 ~8 81 2,832 35 24,018 28,148 339 28,487 31,996 890/.

231 8UDALANGI 49 127 70 630 51 4,811 23 18,766 24,527 310 24,837 27,355 91%

COUNTY TOTAL 389 639 680 8,186 769 18,608 224 189,161 218,656 2,272 220,928 251,305 88%


SlAYA - CODE 041 c

232 UGENYA 16 16 45 97 52 105 6 35,030 35,367 163 35,530 39,729 89%

233 UGUNJA 11 16 42 116 49 88 1 31,600 31,923 167 32,090 34,419 93%

234 ALEGO USONGA 25 39 83 192 80 139 7 66,380 66,~5 407 67,352 72,112 93%

235 GEM 19 45 85 165 80 171 7 50,067 50,639 398 51,037 55,~5 91%

236 BONDO 12 41 74 147 61 101 6 54,405 54,847 339 55,186 59,614 93%

237 RARIEDA 11 32 51 167 63 109 9 46,549 46,991 261 47,252 50,200 ~ ~%

COUNTY TOTAL 94 189 380 884 385 713 36 284,031 286,712 1,735 288,447 311,919 92%


11 OF 15

r r---. I '

238 Kl5UMU EAST 13 18

239 Kl5UMUWEST 14 37

240 Kl5UMU CEI'lTRAL 143 52

241 5EME 5 17

242 NYANDO 10 14

243 MUHORONI 20 23

244 NYAKACH 10 13

COUNTY TOTAL 215 174

COUNTY PERCENTAGE 0.06 0.05

-245 KASIPUL 8 23

246 KA80NDO KASIPUL 6 15

247 KARACHUONYO 11 15

248 RANGWE 3 17

249 HOMA SAY TOWN 6 13

250 NOHIWA 20 30

251 MBITA 11 24

252 5USA 16 17

COUNTY TOTAL 81 154

COUNTY PERCENTAGE 0.03 0.05

253 RONGO 6 17

254 AWENDO 5 15

255 SUNAEAST 49 22

256 SUNA WEST 5 6

2S7 URIRI 27 38

258 NYAllKE 12 21

259 KURIAWEST 93 190

260 KURIA EAST 56 143

COUNTY TOTAL 253 452

COUNTY PERCENTAGE 0.10 0 .17

J-

(~


.. 69 374 60

75 455 56

252 2,206 81

34 60 41

44 152 40

74 1,286 52

38 97 37

586 4,630 367

0.17 1.33 Q.11

43 94 79

27 59 26

46 100 28

35 66 22

29 152 41

38 77 55

27 92 40

33 85 25

278 725 316

0.09 0.24 0.10

26 103 33

51 87 42

60 321 56

26 113 12

54 162 47

44 129 73

180 15,948 198

145 9,192 lOB

586 26,055 569

0.22 9.97 0.22

KISUMU - CODE 042

422 13

765 20

2,071 29

71 1

82 2

361 10

63 5

3,835 80

1.10 0.02

HOMA BAY - CODE 043'

93 9

42 4

81 6

51 61

75 2

92 13

77 4

46 9

557 108

0 .18 0 .04

MIGORI - CODE 044

57 6

62 3

2,390 16

179 2

2,669 19

70 7

592 57

178 25

6,197 135

2.37 0.05

KISII • CODE 045

12 OF 15

44,956

43,613

76,841

32,754

48,339

45,919

44,810

337,232

96.64

36,543

33,096

52,644

31,853

30,834

53,443

34,742

30,292

303,447

98.93

33,728

35,404

28,515

27,659

32,438

42,544

13,231

12,126

225,645

86.38

,---...., ( ,

45,925

45,035

81,675

32,983

48,683

47,745

45,073

347,119

99.47

36,892

33,275

52,931

32,108

31,152

53,768

35,017

30,523

305,666

99.66

33,976

35,669

31,429

28,002

35,454

42,900

30,489

21,973

259,892

99.49

2S4 46,179 52,228 88%

407 45,442 50,064 91%

444 82,119 95,644 86%

170 33,153 35,735 930/0

173 48,856 52,031 94%

247 47,992 52,349 920/0

155 45,228 47,769 950/,

1,850 348,969 385,820 90%

0.53 100.00

186 37,078 39,747 93%

99 33,374 35,203 9SCfo

128 53,059 56,178 .... 94%

98 32,206 33,413 96%

114 31,266 34,356 91%

191 53,959 57,576 94%

136 35,153 36,916 95%

102 30,625 32,437 94%

1,054 306,720 325,826 94%

0.34 100.00

154 34,130 35,786 95%

141 35,810 37,537 95%

114 31,543 34,274 ~ 92%

92 28,094 30,241 93%

223 35,677 38,158 93%

98 42,998 45,685 94%

307 30,796 36,498 84%

194 22,167 25,683 86%

1,323 261,215 283,862 92%

0.51 100.00

~\


261 BONCHARI 87 155 224 7,040 167 343 59 25,594 33,669 327 33,996 39,579 860/0

262 SOIJTH MUGlRANGO 140 333 291 14,470 312 268 75 27,176 43,065 546 43,611 51,246 85%

263 BOMACHOGE BORA8U 60 207 148 11,516 165 189 78 19,510 31,873 322 32,195 38,701 83%

264 BOBASI 129 326 356 11,419 252 318 102 43,598 56,500 714 57,214 66,475 86%

265 BOMACHOGE CHACHE 59 180 149 5,973 161 192 57 19,993 26,764 392 27,156 31,488 86%

266 NYARISARI MA5ABA 139 454 364 12,816 265 298 142 22,320 36,798 741 37,539 43,982 85%

267 NYARIBAR! CHACHE 127 375 438 14,862 240 377 438 29,589 46,446 592 47,038 58,553 80%

268 KITUTU CHACHE NORTH 99 288 255 12,234 223 353 46 17,768 31,266 509 31,775 37,805 84%

269 KlTUTU CHACHE SOUTH 68 247 286 5,266 190 294 49 31,283 37,683 455 38,138 45,116 85%

COUNTY TOTAL 908 2,565 2,511 95,596 1,975 2,632 1,046 236,831 344,064 4,598 348,662 412,945 ~

84%


NYAMIRA - COD~ 946

270 KlTUTU MA5ABA 145 325 603 14,225 307 435 104 46,607 62,751 849 63,600 76,342 83%

271 WEST MUGlRANGO 111 300 406 14,241 206 360 75 33,696 49,395 621 50,016 59,672 84%

272 NORTH MUGlRANGO 93 217 263 14,149 164 229 63 19,577 34,755 374 35,129 41,710 84%

273 BORA8U 81 256 308 11,456 181 299 40 21,710 34.331 433 34,764 41,634 83%

COUNTY TOTAL 430 1,098 1,580 54,071 858 1,323 282 121,590 181,232 2,277 183,509 219,358 84%


NAIROBI - CODE 047 ~

274 WE5TlANDS 486 578 1,928 37,893 184 3,014 11 53,552 97,646 745 98,391 118,720 83%

275 DAGORETTI NORTH 151 829 1,711 28,671 210 2,980 28 51,121 85,701 793 86,494 105,792 82%

276 DAGORETTI SOUTH 42 164 597 51,272 88 838 7 21,606 74,614 756 75,370 87,134 86%

277 lANGATA 269 741 2,361 28,793 196 1,580 16 45,979 79,935 745 80,680 96,670 83%

278 KIBRA 236 264 832 15,739 140 3,838 14 57,055 78,118 633 78,751 97,813 81%

279 ROYSAMBU 36 272 1,036 69,751 83 367 9 18,927 90,481 753 91,234 112,479 81%

280 KASARANI 43 226 894 64,313 83 438 19 24,818 90,834 746 91,580 103,531 88%

281 RUARAKA 75 50 226 17,959 41 1,126 11 53,269 72,757 607 73,364 89,427 82%

282 EMBAKASI SOUTH 53 139 620 24,176 78 939 11 52,372 78,388 643 79,031 108,216 73%

283 EMBAKASI NORTH 19 49 208 35,495 43 726 11 29,191 65,742 480 66,222 80,189 83%

284 EMBAKASI CENTRAl 61 118 455 43,385 44 690 6 37,750 82,509 766 83,275 103,546 80%

285 EMBAKASI EAST 65 227 1,001 32,684 85 865 14 44,220 79,161 843 80,004 100,240 ~ 80%

286 EMBAKASI WEST 29 195 924 41 ,891 69 559 5 40,734 84,406 440 84,846 102,663 830/0

287 MAKADARA 67 219 905 39,196 117 1,229 13 46,042 87,788 687 88,475 105,2'18 84%

288 KAMUKUNJI 1,549 86 310 36,762 59 678 21 31,730 71,195 761 71,956 95,912 75%

289 STAREHE 222 406 1,405 61,497 157 970 22 45,102 109,781 1,047 110,828 133,279 83%

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THE INDEPENDENT ElECTORAL AND BOUNDARIES COMMISSION

290 MATHARE 90 73 249 30,013 53 1,224 30 37,688 69,420 742 70,162 87,942 80%

COUNlY TOTAL 3,493 4,636 15,662 659,490 1,730 22,061 248 691,156 1,398,476 12,187 1,410,663 1,728,801 82%

COUNlY PERCENTAGE 0.25 0.33 1.11 46.75 0.12 1.56 0.02 49.00 99.14 0.86 100.00

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COUNTY TOTALS 52,842 43,850 72,708 6,172,482 40,991 483,961 12,579 5,339,322 12,218,735 108,965 12,327,700 14,349,896 86%

IOlASPORA I 6 311 781 9511 71 201 II 1,2241 2,318 101 2,328 2,6371 88%

GRAND TOTAL

COUNTY TOTALS 52,842 43,850 72,708 6,172,482 40,991 483,961 12,579 5,339,322 12,218,735 108,965 12,327,700 14,349,896 86%

DlASPORA TOTAL 6 31 78 951 7 20 1 1,224 2,318 10 2,328 2,637 88%

GRAND TOTAL 52848 43881 72.786 6173433 40998 483981 12.580 5340546 12221053 108975 12330028 14352533 86% GRAND

0.43 0.36 0.59 50.07 0.33 3.93 0.10 43.31 99.12 0.88 100.00 PERCENTAGE

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NO. NAME OF THE CANDIDATE VALID VOTES VALID VOTES IN WORDS IN FIGURES

1 JAMES LEGILISHO KIYIAPI 40,998 FORIY THOUSAND NINE HUNDRED AND NINETY EIGHT

2 MARTHA WANGARI KARUA 43,881 FORIY THREE THOUSAND EIGHT HUNDRED AND EIGHIY ONE

3 MOHAMED ABDUBA DIDA 52,848 FIFIY TWO THOUSAND EIGHT HUNDRED AND FORIY EIGHT

4 MUSALIA MUDAVADI 483,981 FOUR HUNDRED AND EIGHIY THREE THOUSAND NINE HUNDRED AND EIGHIY ONE

5 PAUL KIBUGI MurrE 12,580 TWELVE THOUSAND FIVE HUNDRED AND EIGHIY

6 PETER KENNETH 72,786 SEVENIY TWO THOUSAND SEVEN HUNDRED AND EIGHIY SIX

7 RAILA ODINGA 5,340,546 FIVE MIlUON THREE HUNDRED AND FORIY THOUSAND FIVE HUNDRED AND FORIY SIX

8 UHURU KENYATTA 6,173,433 SIX MIWON ONE HUNDRED AND SEVENIY THREE THOUSAND FOUR HUNDRED AND THIRIY THREE

GRAND TOTAL 12,221,053 TWELVE MILLION TWO HUNDRED AND TWENTY ONE THOUSAND AND FIFTY THREE

14 OF 15

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UNDARIES COMMISSION THE INDEPENDENT ELECTORAL AND 80

AHMED ISSACK HASSAN, EBS

RETURNING OFFICER

15 OF 15

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lVHNUTES OF THE COMM][SSION SPECIAL PLENARY lVIEETJlNG HELD IN ElOMAS ON 9TH MARCH? 2013 AT 11:00AM.

PRESENT

1. 2. 3. 4. 5. 6. 7. 8.

· 9.

10.

Mr. Ahmed Issack Hassan Ms. Lilian Mahiri-Zaja Ms. Kule G. Galma Mr. Albert C. O. Bwire Amb. (Dr.) YusufNzibo Mr. Thomas Letangule Eng. Abdullahi M. Sharawe Ms. Muthoni Wangai Mr. Mohamed Alawi Mr. O.J.H Oswago

Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commission Secretary / CS

) IN ATTENDANCE

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1. Mr. Wilson Shollei DCS - SS - Taking Minutes

AGENDA

1. Adoption and Declaration of the Presidential Results 2. Meaning of 'All Votes Cast' 3. Any other Business·

Min 1/3/2013: Meaning of 'All Votes Cast'

The Commission sought and received the legal ~pinion of the Hon. Attorney General of Kenya and its external lawyers and after lengthy deliberation the Commission upheld its earlier decision to interpret the phrase to include both

j' valid votes cast and rejected votes.

The Commission's decision is predicated on the interpretation of article 138 (4) of the constitution that provides that a candidate shall be declared elected as president if the candidate receives;

a) More than half of the votes cast in the election b) At lea,st 25% of the votes cast in .each of mOre ' than half of the

counties.

Min: 2/3/2013: AdoptilOn and Declaration IOf Presidential Results

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The Secretariat presented the finalized audited the results to the Presidential Elections conducted on 4th March 2013 in all the 290 constituencies in Kenya and in the four countries of East Africa namely Uganda, Tanzania, Rwanda and Burundi.

The Commission studied the presented results, whose main highlights were- as follows,

Votes Cast ·

1. Registered Voters 11. Total Votes cast

111. Valid Votes cast IV. Rejected Votes

A. Presidential Candidate Results

No. Candidate

1. Abduba M. Dida 2. Martha W Karua 3. Peter Kenneth 4. Uhuru Kenyatta 5. James L Kiyaipi 6. Musalia Mudavadi 7. Paul K Muite 8. Raila Odinga

14,352,533 12,330,028 12,221,053

108,975

Votes Garnered

52,846 43,881 72,786

6,173,433 40,998

483,981 12,580

5,340,546

The Commission was also presented with the results for all presidential candidates in all the 47 Counties as per appendix A whose main highlights showed;

Counties in which Presidential Candidates received more than 25%

No Candidate Number

1 Uhuru Kenyatta 32

2 Raila Odinga ~ .. :- . . ,. 27

3 Musalia Mudavadi 2

2

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I Counties in which Uhuru Kenyatta obtained more than 25% I I No II Code II County II Votes 11% I

1 4 Tana River 22,419 34.71% 2 5 Lamu 17,677 40.02% 3 7 Garissa 41,672 45.34% 4 8 Wajir 38,927 38.83% 5 9 Mandera 94,433 92.93% 6 10 Marsabit · 42,406 47.18%

7 11 Isiolo 26,401 55.41% 8 12 Meru 384,290 89.41% 9 13 Tharaka Nithi 128,397 92.38%

10 14 Embu 177,676 89.00% 11 18 Nyandarua 232,808 97.11% 12 19 Nyeri 318,880 96.33% 13 20 Kirinnyaga 231,868 95.99% 14 21 Murang'a 406,334 95.92% 15 22 Kiambu 705,185 90.21% 16 23 Turkana 30,235 29.85% 17 24 West Pokot 79,772 73.33% 18 25 Samburu 22,085 40.94% 19 26 Tran Nzoia 74,466 37.24% 20 27 Uasingishu 211,438 74.26% 21 28 Eigeyo Marakwet 113,680 92.07% 22 29 Nandi 192,587 81.52% 23 30 Baringo 138,488 87.93% 24 31 Laikipia 134,111 85.49% 25 32 Nakuru 494,239 80.19% 26 33 Narok 109,413 46.38% 27 34 Kajiado 138,851 52.36%

) 28 35 Kericho 238,556 90.74% 29 36 Bomet 210,501 92.68% 30 45 Kisii 95,596 27.42% 31 46 Nyamira 54,071 29.47%

32 47 Nairobi 659,490 46.75%

Total 5,866,952

Minimum Number of counties 24 Number of counties in which he received more than 25%- 32

Excess over Minimum 8

3

The Commission studied the results presented and took into consideration the /"', provisions of Article 138 (4) of the Constitution requiring that;

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1. The winning candidate should garner 50% + 1 votes 11. And should also receive at least twenty five percent (25%) of all the

votes cast in each of more than half of the counties.

The Commission accordingly resolved, pursuant to the above results, Uhuru Kenyatta having received 6,173,433, which is the highest number: of votes cast, being is 50 % plus 8419 and having received more than 25% in 32 counties being 8 more than the minimum required by the constitution

Consequently Uhuru Kenyatta having satisfied the provIsIOn of the constitution is hereby declared the 'President Elect' of the Republic of Kenya.

Confirmed by: . /

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INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION (IEBC) THE CONSTITUTION OF KENYA

INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION ACT (No.9 of 2011)

THE ELECTIONS ACT (No. 24 of 2011)

THE ELECTIONS (GENERAL) REGULATIONS (L.N. 128 of 2012)

IN EXERCISE of the powers conferred by Section 2(1) (a), (b), (c) and 9 of the Sixth Schedule to the Constitution of Kenya, Article 88(4), 136, 138 -(4), and (10) and 148 (3) of the Constitution, Section 4 of the Independent Electoral and Boundaries Commission Act, 2011, Section 39 of the Elections Act, 2011 , Regulation 87 (4) (a) of the Elections (General) Regulations, 2012 , the Chairperson of the Independent Electoral and Boundaries Commission declare that-

a) In respect to Article 136 (1) of the Constitution: UHURU KENYATIA and b) In respect to 148(3) of the Constitution: yvlLLlAM SAMOEI RUTO

have been duly elected as President and Deputy President, respectively, of the Republic of Kenya having complied with the provisions of Article 138(4) of the Constitution, during the election for President held on 4th March, 2013.

Dated the 9th March, 2013.

A.I.HASSAN Chairperson Independent Electoral and Boundaries Commission.

This I. the e . . referred to Xhlb/r Marked -•• &iti. "Ot.~'eQIn th~ annexed Affld ~ •••• 2Jr ....• ~fore me ;ll···~!~·~.~ DeClaration ,~ \ '1. Is..... J.ij.':: · worn/Declar

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SPECIAL ISSUE

THE KENYA GAZETTE Published by Authority of the Republic of Kenya

(Registered as a Newspaper at the G.P.O.)

Vol. CXV - No. 42 NAIROBI, 9th March, 2013 Price Sh. 60

GAZEITE NOTICE No. 3144


INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION ACT

(NO. 9 OF 2011)

THE ELECTIONS ACT

(NO. 24 0/20 11)

THE ELECTIONS (GENERAL) REGULATIONS

(L.N. 128 0/2012)

DECLARATION OF PERSONS ELECTED PRESIDENT AND DEPUTY PRESIDEm

IN EXERCISE of the powers conferred by section 2(1) (a), (b), (c) and 9 of the Sixth Schedule to the Constitution of Kenya, Article 88 (4),136,138 (4). and (10), and 148 (3) of the Constitution, Section 4 of the Independent Electoral and Boundaries Commission Act, 20 II. Section 39 of the Elections Act, 20 II, Regulation 87 (4) (a) of the Elections (General) Regulations, 2012, the Independent Electoral and Boundaries Commission declare that -

(a) in respect to Article 136 (I) of the Constitution-UHURU KENYATIA,

AND

(b) in respect to 148 (3) of the Constitution-WILLIAM SAMOEI RUTO,

have been duly elected as President and Deputy President, respectively, of the Republic of Kenya, having complied with the provisions of Article 138 (4) of the Constitution, during the election for President held on 4th March, 2013.

Dated the 9th March, 2013.

A. 1. HASSAN, Chairperson, lndependelll Electoral and Boundaries Commission.

This Is the exhibit Marked ·.~.ti ... ;J..b. ••••• • referred to In the ~n~exad AffidavltJDaclaration Of.~\\t\W •• ~~.~worn/D c' red before me thls •• \~l~ ..... ~ ... d8Y of. ' . •• ~Ql~ ••• at •• ~~.I~l..... .-""---.,.

Commission

PRImED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI

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INDEPENDENT ELECTOH}\L AND BOUNDARIES COMMISSION

CHAIRMAN'S PRESS BRIEFING ON THE ELECTION DATE 4 thMARCH,

2013.

AT 10:00AM

Fellow Kenyans: the election process kicked off in most of the stations at 6am

in the morning as planned. We note that there are some polling stations that

opened late. The Commission would wish to assure the public that such time

lost will surely be compensated.

We are aware that some poll books have malfunctioned, due to a variety of

factors, including power problems. However in all such cases, the commission

has authorized the use of manual register. This device truly enhances the

integrity of the electoral process and is not in any case an inferior alternative to

the poll book. To fully ensure that the entire process is foolproof we encourage

the political party and candidate agents to be vigilant and observant at the

polling and vote counting stages.

) Requirement for voting

We wish to repeat that voters should present valid documents they used during

registration. Only original ID and valid passport will be allowed.

An initial Audit of the ballot papers has revealed a very tiny number, no more

than half dozen of positions with missing political party symbols, mix-up of

candidate pictures and one or two candidate's names entirely missing from the

register. All such cases concern only the County Assembly Wards. In the

interest of fairness and observant of its constitution mandate the Commission

has rescheduled elections in such county assembly wars to 11 th March 2013.

Page 1 of3 . u I\. \' ~ C--;c, ..Pl'o ••• ~ ...... 1

" _ '\l\b;t MarKed •• ~. •• -r This is tne o X . • _I A.w ~ c\, 'ltiDeciar8.tloil

. t 'l '" onilext')u •. It." • referred to 111 I '" J.\~.lt~wor~/Dedared O1 .~\m~Q"~(\"""IL clay 01. • f

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INDEPENDENT ELECTORAL AND BOUNDARIES CO ~MISSION

Our returning officers and presiding officers have been notified of this fact and

candidate agent in respective wards notified. This wards are:

1. Kuria East Constituency

• Nyabasi west ward

• Goke haraka ward.

2. Bunyala south county assembly ward

3. Gwasi North County Assembly Ward

4. Samburu North

However, elections for all the other positions, i.e. president, governor, senator,

national assembly and women representative are going on as scheduled. In this

regard, voters will be given five ballot papers instead of six. The Commission

will announce later when elections for the affected position will be held as soon

as we print new material.

There are areas where there will be no voting because the candidates of those

areas went unopposed.

) There are also cases of candidates whose candidature were unopposed. This

will be pronounced election unopposed and the names gazette in due course.

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Security:

The Commission has unfortunately experienced insecurity in some regions of

the Country. The response of the security agencies has been commendable so

far. The Commission wishes to reiterate its appeal to the people of this Country

not to be cowed or intimidated by acts of lawlessness and way ward behaviors

intended to cause despondency and to disenfranchise the electorate.

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INDEPENDENT EL CTORAL AND BOUNDARI!::S COMMISSION

This appeal is important and we urge you to take it seriously.

Logistics

The commission is happy to report that it surmounted all the logistical

challenges necessary to mount a successful election.

Conclusion

As of now the challenges posed by the poll book although predictable and

largely addressed remain a matter of concern to the commission and the

necessary remedial measures have been taken and the results so far indicate

marked improvement in the performance of the devices.

Unlike elections elsewhere in Mrica in recent memory failure of technology will

not hinder or inhibit the conduct of this election. We urge voters to maintain

calm at the polling stations as this matter is addressed.

We also thank Kenyans for so far turning out in large numbers.

Page 3 of3

INDEPENDENT "=lECTORAL AND SOU DARIES COMfI,11iSSIOI\

IEBC Chairman's Update: 9.00 pm March 4, 2013

Welcome to our third media briefing today- but the first since polls officially closed at 5.00 pm.

We are happy to state once again that despite the hiccups reported earlier in the day, the voter turn-out has been very encouraging and by 5.00 pm this

~I evening, our statistics show that 60 percent of the 14.3 Million registered ! voters had cast their votes. Voters still queuing should not be turned away and

should ensure that they vote.

)

But we expect this percentage to increase significantly because polling was still going in arrears where we compensated for the time lost because of late opening polling stations. Besides, voting was also going in other areas where polling stations opened within the stipulated time but we had to extend the time to allow the huge number of voters who were already at the polling stations to cast their votes.

As you can see from our screens, results for the presidential election are already trickling in and are being relayed live electronically as and when they reach the National Tallying Centre. But we wish to inform Kenyans that these are provisional figures and they should wait for the Commission to announce the final and official results.

EVID update: In situations where the EVID failed, and we resorted to the poll book register, we are happy to report that it didn't in any way undermine the integrity of the elections. We wish to thank Kenyans for the patiience and partnership in this process.

Update on security: No further incidents of insecurity have been reported and we want to commend Kenyans for keeping the peace. We are encouraged by the fact that despite the unfortunate incident in Mombasa and Kilifi where police officers were killed, voters defied the security threat and still turned out in large numbers to vote.

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.EPE. I ;:r IT ELECTOR .L , 10 80 JNDA I ','-'

The Chairman's Brief to the Media - March 5, 2013 at 10:30am

Ladies and Gentlemen, Welcome to this media briefing.

The results continue to trickle in. So far we have received PROVISIONAL RESULTS from 10,036 polling stations, spread across all the 290 constituencies and we are yet to receive from 23,000 polling stations across the country. We have had very robust field officers who have worked round the clock to ensure the results are here. With about 30 per cent of the polling stations, we want to emphasise the results so far are Partial and Provisional.

In some areas, the counting is almost over. We are expecting the Returning Officers to file their returns to the National Tallying Centre by this afternoon. We therefore continue to appeal for patience from the public, the political parties as well as the candidates.

We would like to share that at 9.30pm last night, we experienced network slowdown but that has been fixed and the IEBC is confident that there will be successful completion of the counting. As you know there were a number of polling stations where voting continued to accommodate voters who were on the queue at the official closing time. The IEBC wishes to assure the candidates, the parties and their supporters that each vote will be counted and appeals to stand with us.

Peace

The Commission continues to make a clarion call for peace to the public. Again, we wish to appeal to the public and in particular, the political parties, the media, and all IEBC stakeholders to understand that the results being relayed here are only provisional. As such, they should not hold premature conclusions.

The Commission has had, and continues to have a close collaboration with political parties, independent candidates and chief agents representing presidential candidates.

Acceptance of results

The IEBC continues to appeal to the parties, the candidates and their supporters to accept the authority of the Commission in conducting, facilitating and managing the elections. The Commission wishes to emphasize the integrity of the results and to accept the outcome. We must acknowledge that in every contest, there are winners and losers. Once again, the Commission wishes to assure the public and the candidates that the Commission, in undertaking its taking constitutional mandate will count and tally every single vote.

Page lof2

Spoilt votes

Due to the complexity of this election, there is higher number of spoilt votes than we would have wished to see. The IEBC will have a clear count of the spoilt votes at the end of the exercise.

Condoling

The Commission condoles the family and colleagues of the IEBC Presiding Officer Waithanji Mwaniki, Ichichi Primary School stream in Two, Kanyenya- ini Ward in Kangema Constituency who passed away in the course of his official duties. The Presiding Officer was a very dedicated Officer and the Security Officers stayed behind to watch over the results. As such, the Commission however wishes to assure the candidates, the political parties and their supporters that the results from the area are intact with the Returning Officer.

~1 Thank you, God Bless you I

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INDEPENDENT ELECTORAL AND BOUNDARIES COM "'SSION

IEBC Chairman's Media Briefing: March 5, 2013, 8.00 pm

Ladies and Gentlemen of the media, my fellow Kenyans.

Welcome to yet another session in the series of media briefings that the Commission has lined up here at the National Elections Centre where we have a duty to keep you updated on events of the 2013 General Election.

At this time, the issue that all Kenyans are most interested in is the transmission and tallying of results with high expectations of knowing of who has won what position. As can be seen on the screens, the results are continuing to come in.

However, the Commission acknowledges that results for the presidential election are the most eagerly awaited. Although they are being transmitted live on our screens, there is growing concern over the slow pace at which they are being relayed. Indeed, the Commission is aware of this delay and that it is giving rise to different speculations.

Let me explain the measures we've taken to deal with this challenge.

1. The Commission has been in continuous consultation with the national presidential chief agents and ICT experts from both IEBC and the political parties to share the technical challenges of the transmission system. The Commission is , therefore, working to sort out the server issue.

2. We can confirm that our Returning Officers are expected to bring the physical results anytime now, which will lead to the final results. What matters here is the final result and they are coming in.

3. As per the Constitution and as explained this morning, the screens will be adjusted to reflect the percentage of votes for each candidate based on total votes cast.

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I WEPENDENT ELECTORAL AND BOUNDARIES COMMISSIOtJ

STATEMENT BY IEBC CHAIRMAN AHMED ISSACK HASSAN ON MARCH 7,2013

Ladies and Gentlemen of the media, my fellow Kenyans

Welcome to yet another media briefing here at the National Elections Centre to update

you on the ongoing tallying of the presidential results .

As we have already acknowledged, the electronic vote system had challenges,

rendering some services on the main server non-functional. However, contrary to

current speculation and rumors, we do not believe the system was hacked into as the

installed multiple-layered security systems did not indicate that.

The Commission reverted to physical results, which are final and authenticated by the

documentation from the polling stations. These are the legally recognized results.

The Commission has a rigorous verification process. Once the votes have been

counted and tallied, they are signed off by all the agents present and a copy of the

same posted on the door of the polling station. The results are then forwarded to the

) constituency tallying center for tallying and official declaration by the Constituency

Returning Officer.

The Commission has designated eight verification and audit teams comprising top

IEBC management to receive, verifY and validate presidential results as declared at the

polling stations, constituencies and counties. The teams continue to verify and tally

these data.

The Commission would further like to clarify that the Chairman is the returning officer

for the presidential elections. This means that any dispute relating to the presidential

I \ ,)

results should be addressed directly to him in writing before the final declaration of

results for presidential elections is done.

In an effort to allow the election officials to expedite the tallying process, presidential

party agents were relocated to another office to avoid overcrowding the National

Tallying Centre. However, the preidential agents are still being furnished with the

declaration forms for purposes of enhancing transparency. If they find have objections

or they fmd discripancies, or if the number of votes cast is more than the number of

registered voters, refer to the IEBC Chairman.

Weare also furnishing the media with both hard and soft copies of the confirmed

results, in addition to projecting them on the screens in the Barnas of Kenya

auditorium.

The Commission wishes to assure Kenyans that with the rigorous verification process

in place, there is no room to doctor the results whatsoever by any election official. We

thank Kenyans for their patience and assure them that the results of the presidential

elections will reflect their will.

THANKS AND GOD BLESS YOU ALL

This Is the exhibit Marked • •••••••••••••••••••••••• referred to In the anne Affidavit/Declaration ·

Sworn/Declared Of ••••••••••• ···H........ ................ " before rna this ................. day of •••••••••••••.

............... ••••••• e ••••••••••• ••••••••••••••••••••

CommiSSioner for Oaths

"AIR 5"

SEE SEPARATE

GAZETTE NOTICE

NO.16727

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REPORT OF THE CANDIDATES MEETING BETWEEN POLITICAL PARTIES REPRESENTATIVES AND COMMISSION AT BOMAS OF KENYA NO 26TH FEBRUARY,

2013 AND _5TH MARCH 2013 ON ELECTIONS PROCEDURES AND RESULT TRANSMISSION

Prepared by:

Office of Registrar of Political Parties

Thl& I~ tne exhibit M,uktld • .al.lt: ~ G.. .. referreo to In tho .' . . . ••••• n ,·o OC?

ct.AlllWi.o.~ tk~:ll~VltJDqCICtr "'tion 1jlO;:Ji'~ Ria '" . ~ ~ . •• • wonI/Ot:iiI6 ~ • .j~ • . II) ""S... , '~·".~rday of. !xla~~

••• • ••••• • ~ •••• st ••• M . ~ . .... CommlS8 ~f ';'S

• They sought to know how results would be transmitted from places without network like Mt. Elgon.

• They were concerned that Oath of secrecy and budges for Chief Agent had not been given to political parties by the Commission.

Following deliberations, party representatives were that;

a) 31,000 voters could not be found in the Biometric Voter's register and as a result, Commission compiled a list according to the county of origin. That there are other two lists of special register, which is a register of people who double, registered which was to be availed to political parties. The parties were infonned that, Agents of the affected areas were to be given infonnation on those who were to vote without use of Bio-Metric.

The following issues were agreed upon as a way forward;

1. Political parties to send names of their agents to the Constituency Elections Coordinator (CEC) forty eight hours;

11. Oath of secrecy for Political Party Agents to be administered by the CEC at the Constituency level;

iii. Each political parties to be represented by ten (10) Agents in every tallying hall; iv. Political parties with Presidential candidate to have two Agents at the National Tallying

Centre to witness the exercise. v. A PPLC tent carrying one hundred chairs was to be pitched for political parties and a

space was to be provided for political parties with Presidential Candidates to pitch tent;

The party's representatives were taken to familiarise themselves with the Auditorium, Tallying ) Centre and the field where the tents were to be pitched.

By D.A.Liech Mrs For: Registrar of Political Parties

r:;:zn (0

• The Chain nan of the Commission informed the Party Representatives that the results being released were Provisional and actual results will be released the following day_

• He requested Political Parties representatives to liaise with Deputy CEO of Operations on any matter

• He also infonned them that; flow of results are passing through the County Returning officers before submission to Bomas

By D.A.Liech Mrs For: Registrar of Political Parties

TIME

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7:00-7:30 a.m.

7:30 a.m.

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PROGRAMME Political Parties Meeting

26th February, 2013 Bomas Tallying Centr e,

Nairobi, Kenya

,

THEME/SESSION FACILITATOR

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Registration IEBC

Introductions and welcoming CEO,IEBC ;

remarks Chairperson PPLC

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Opening Remarks Senior Country Director, NDI

Chairper~'On, IEBC

• Voters Register D/ICY DVRE

• Election Update

• Any Other Busin~ss IEBC

Closing remarks v • Commissioner IEBC

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KPP ~ATTENDANCE REGISTER

NATIONAL ELECTIONS CENTRE-BOMAS OF I<ENYA

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INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION

REPORT ON THE CONSULTATIVE MEETING BETWEEN INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION (lEBe) AND POLITICAL PARTIES INFORMATION, COMMUNICATION AND TECHNOLOGY (ICT) TECHNICAL TEAMS

HELD ON 26TH FEBRUARY 2013 AT THE BOMAS OF KENYA,NAIROBI

Prepared by: Geraldine Gwala Legal Officer

Office of the Regi~OlitiCal Parties

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Introduction

The Independent Electoral and Boundaries Commission (IEBC) together with the Office of the Registrar of Political Parties (ORPP) held a consultative meeting with technical teams of political parties to discuss the Information Communication Technology (ICT) strategies put in place in preparation for the 4th March 2013 general elections.

The core purpose of the meeting was to familiarize political parties with the ICT systems to ensure there is integrity in the electoral process and efficiency and credibility in the delivery of election results.

Participants

IEBC officials present

Muthoni Wangai Dismas Ong'ondi and Technology Lucy Ndungu Juliet Murimi Michael Ouma Stephen Ng'eno Silas Njeru Peter Muturi Isaiah Langat Ben Chege Stephen Ekileng Leonard Rotich Geraldine Ferraroh

Commissioner Director Information, Communication

Registrar of Political Parties Manager Political Parties Manager Network Infrastructure Manager IT Service Delivery Manager Business Systems Developer Business Systems Network Support Officer IFES consultant Electoral System Analyst ICT Officer Legal Officer

Political Parties present (List of participants attached)

Opening Remarks

Commissioner Wangai affirmed that the commission would use the Electronic Voter Identification Device (EVID) in the elections. She called on political parties to work closely with IEBC to enhance public trust in the system and further asserted that the commission has put in place measures to enhance confidence in the process and ensure no violence is experienced in the elections. She then invited the Registrar of Political Parties who called out political parties present to confmn that all presidential candidates were represented.

-') Presentations

The Director ICT stated that IEBC would have Constituency, County and National tallying centers for purposes of the elections. Consequently, the Commission had deployed ICT officers and regional ICT administrators as support teams in the regions to facilitate the process.

He further affirmed that call centers had been set up for communication purposes . . IEBC is committed to full disclosure to ensure the process is transparent, credible and acceptable. He highlighted that the commission had distributed the list of registered voters to political parties and further explained the process of registration of voters. Participants were also taken through a simulation of how the poll book would be used for identification of voters and the procedure of electronic transmission of results.

ISSUES RAISED

Will the Commission distribute the voters register to political parties sorted according to demographics indicating the number of women, youth, minorities and persons with disabilities?

Would the electorate verify if their details have been corrected in the voters register after the inspection process?

How was streaming of polling centers carried out?

Would the manual register be available at the polling station?

_) How would IEBC ensure that there is less queuing at the polling station and voting takes less time?

What would happen in instances where names were missing from the voters register?

What would happen in cases where Electronic Voter Identification (EVID) technology fails?

What circumstances would warrant a presiding officer to switch from electronic to manual register? Is the procedure documented?

Who has the authority to make changes to the register?

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What action would IEEC take in cases where during tallying, votes cast exceed no of registered voters in a polling station?

During registration some polling stations were sharing kits. How will voters ensure that they have not been moved to stations other that where they registered?

Would the green book be available for inspection vis a vis the electronic register?

Recommendation

IEEC to communicate to political parties on the administrative procedure of shifting from electronic to manual register in cases where the Electronic Voter Identification system fails.

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COUNTY CODE 001 001 001 001 001 001 002 002 002 002 003 003 003 003 003 003 003 004 004 004 005 005 006 006 006 006 007 007 007 007 007 007 008 008 008 008 008 008 P09 009 009 009 009 009 010 010 010 010 011 011 012 012

COUNTY NAME MOMBASA MOMBASA MOMBASA MOMBASA MOMBASA MOMBASA KWALE KWALE KWALE KWALE KILIFI KILIFI KILIFI KILIFI KILIFI KILIFI KILIFI TANARIVER TANARIVER TANARIVER LAMU LAMU TAITA TAVETA TAITA TAVETA TAITA TAVETA TAITA TAVETA GARISSA GARISSA GARISSA GARISSA GARISSA GARISSA WAJIR WAJIR WAJIR WAJIR WAJIR WAJIR MANDERA MANDERA MANDERA MANDERA MANDERA MANDERA MARSABIT MARSABIT MARSABIT MARSABIT ISIOLO ISIOLO MERU MERU

wet.]~ ~i i i ill #lUIi'A!te].] :utlt.] HO·i j i il13Uli1l "[e} i#l ;tW 001 CHANGAMWE 58,972 002 JOMVU 50,528 003 KISAUNI 79,346 004 NYALI 79,119 005 LlKONI 57,858 006 MVITA 82,924 007 MSAMBWENI 42,205 008 LUNGALUNGA 34,277 009 MATUGA 46,261 010 KINANGO 51,700 011 KILIFI NORTH 68,355 012 KILIFI SOUTH 53,439 013 KALOLENI 43,389 014 RABAI 33,996 015 GANZE 36,926 016 MALINDI 55,853 017 MAGARINI 44,174 018 GARSEN 31,661 01!:) GALOLE 21,820 020 BURA 25,973 021 LAMU EAST 13,608 022 LAMU WEST 38,738 023 TAVETA 24,224 024 WUNDANYI 23,259 025 MWATATE 29,436 026 VOl 36,943 027 GARISSATOWNSI 31,756 028 BALAMBALA 17,770 029 LAGDERA 12,516 030 DADAAB 19,304 031 FAFI 17,457 032 IJARA 16,399 033 WAJIR NORTH 15,764 034 WAJIR EAST 19,484 035 TARBAJ 16,404 036 WAJIR WEST 23,097 037 ELDAS 13,086 038 WAJIR SOUTH 30,256 039 MANDERA WEST 17,015 040 BANISSA 13,764 041 MANDERANORTI- 37,571 042 MANDERA SOUTH 10,574 043 MANDERA EAST 28,722 044 LAFEY 13,122 045 MOYALE 38,590 046 NORTH HORR 24,495 047 SAKU 20,215 048 LAISAMIS 21,315 049 ISIOLO NORTH 40,039 050 ISIOLO SOUTH 14,423 051 IGEMBE SOUTH 45,671 052 IGEMBE CENTRAL 56,111

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012 MERU 053 IGEMBE NORTH 43,905 012 MERU 054 TIGANIA WEST 43,454 012 MERU 055 TIGANIA EAST 49,550 012 MERU 056 NORTH IMENTI 62,581 012 MERU 057 BUURI 54,501 012 MERU 058 CENTRAL IMENTI 50,833 012 MERU 059 SOUTH IMENTI 80,659 013 THARAKA - NITHI 060 MAARA 50,870 013 THARAKA - NITHI 061 CHUKAlIGAMBAN( 57,231 013 THARAKA - NITHI 062 THARAKA 47,386 014 EMBU 063 MANYATTA 74,505 014 EMBU 064 RUNYENJES 66,047 014 EMBU 065 MBEERE SOUTH 50,141 014 EMBU 066 MBEERE NORTH 36,593 015 KITUI 067 MWINGI NORTH 43,934 015 KITUI 068 MWINGIWEST 35,393

.:-) 015 KITUI 069 MWINGI CENTRAL 43,530 015 KITUI 070 KITUI WEST 37,025 015 KITUI 071 KITUI RURAL 34,969 015 KITUI 072 KITUI CENTRAL 48,260 015 KITUI 073 KITUI EAST 37,631 015 KITUI 074 KITUI SOUTH 43,931 016 MACHAKOS 075 MASINGA 44,694 016 MACHAKOS 076 YATTA 55,715 016 MACHAKOS 077 KANGUNOO 38,879 016 MACHAKOS 078 MATUNGULU 47,838 016 MACHAKOS 079 KATHIANI 38,308 016 MACHAKOS 080 MAVOKO 79,863 016 MACHAKOS 081 MACHAKOS Towr 79,472 016 MACHAKOS 082 MWALA 60,327 017 MAKUENI 083 MBOONI 59,954 017 MAKUENI 084 KILOME 36,061 017 MAKUENI 085 KAITI 41,937 017 MAKUENI 086 MAKUENI 64,708 017 MAKUENI 087 KJBWEZI WEST 54,811 017 MAKUENI 088 KIBWEZI EAST 40,750

.) 018 NYANOARUA 089 KINANGOP 85,531 018 NYANOARUA 090 KIPIPIRI 39,674 018 NYANOARUA 091 OLKALOU 49,807 018 NYANOARUA 092 OLJOROK 39,417 018 NYANOARUA 093 NOARAGWA 41,555 019 NYERI 094 TETU 39,602 019 NYERI 095 KIENI 82,017 019 NYERI 096 MATHIRA 80,247 019 NYERI 097 OTHAYA 47,292 019 NYERI 098 MUKURWEINI 42,636 019 NYERI 099 NYERITOWN 64,586 020 KIRINYAGA 100 MWEA 86,759 020 KIRINYAGA 101 GICHUGU 66,913 020 KIRINYAGA 102 NOlA 51,376 020 KIRINYAGA 103 KIRINYAGA CENTF 60,242 021 MURANG'A 104 KANGEMA 39,604 021 MURANG'A 105 MATHIOYA 43,526

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021 MURANG'A 106 KIHARU 88,813 021 MURANG'A 107 KIGUMO 61,088 021 MURANG'A 108 MARAGWA 68,835 021 MURANG'A 109 KANDARA 76,926 021 MURANG'A 110 GATANGA 74,049 022 KIAMBU 111 GATUNDU SOUTH 58,762 022 KIAMBU 112 GATUNDU NORTH 52,962 022 KIAMBU 113 JUJA 72,228 022 KIAMBU 114 THIKATOWN 103,837 022 KIAMBU 115 RUIRU 112,391 022 KIAMBU 116 GITHUNGURI 77,159 022 KIAMBU 117 KIAMBU 59,279 022 KIAMBU 118 KIAMBAA 70,156 022 KIAMBU 119 KABETE 62,454 022 KIAMBU 120 KIKUYU 65,041 022 KIAMBU 121 LlMURU 68,558

. ~) 022 KIAMBU 122 LARI 59,001 023 TURKANA 123 TURKANA NORTH 23,683 023 TURKANA 124 TURKANA WEST 21 ,252 023 TURKANA 125 TURKANA CENTR. 34,486 023 TURKANA 126 LOIMA 18,634 023 TURKANA 127 TURKANA SOUTH 23,768 023 TURKANA 128 TURKANA EAST 11,062 024 WESTPOKOT 129 KAPENGURIA 41,328 024 WESTPOKOT 130 SIGOR 21,341 024 WESTPOKOT 131 KACHELI BA 24,315 024 WESTPOKOT 132 POKOTSOUTH 34,002 025 SAMBURU 133 SAMBURU WEST 26,917 025 SAMBURU 134 SAMBURU NORTI- 18,018 025 SAMBURU f35 SAMBURU EAST 16,179 026 TRANS NZOIA 136 KWANZA 46,783 026 TRANS NZOIA 137 ENDEBESS 28,962 026 TRANS NZOIA 138 SABOT I 55,791 026 TRANS NZOIA 139 KIMININI 55,533 026 TRANS NZOIA 140 CHERANGANY 57,571 027 UASIN GISHU 141 SOY 57,496

') 027 UASIN GISHU 142 TURBO 87,332 027 UASIN GISHU 143 MOl BEN 49,591 - / 027 UASIN GISHU 144 AINABKOI 38,979 027 UASIN GISHU 145 KAPSERET 47,165 027 UASIN GISHU 146 KESSES 50,055 028 ELGEYO/MARAKWEl 147 MARAKWET EAST 26,887 028 ELGEYO/MARAKWEl 148 MARAKWET WESl 36,055 028 ELGEYO/MARAKWEl 149 KEIYO NORTH 31 ,061 028 ELGEYO/MARAKWEl 150 KEIYO SOUTH 40,565 029 NAND-I 151 TINDERET 32,768 029 NANDI 152 ALDAI 49,901 029 NANDI 153 NANDI HILLS 40,739 029 NANDI 154 CHESUMEI 47,724 029 NANDI 155 EMGWEN 44,211 029 NANDI 156 MOSOP 47,911 030 BARINGO 157 TIATY 20,469 030 BARINGO 158 BARINGO NORTH 32,558

030 BARINGO 159 BARINGO CENTRJ 29,174 030 BARINGO 160 BARINGO SOUTH 26,675 030 BARINGO 161 MOGOTIO 24,093 030 BARINGO 162 ELDAMA RAVINE 40,684 031 LAIKIPIA 163 LAIKIPIA WEST 83,267 031 LAIKIPIA 164 LAIKIPIA EAST 62,844 031 LAIKIPIA 165 LAIKIPIA NORTH 27,794 032 NAKURU 166 MOLO 50,621 032 NAKURU 167 NJORO 76,219 032 NAKURU 168 NAIVASHA 110,219 032 NAKURU 169 GILGIL 59,204 032 NAKURU 170 KURESOI SOUTH 38,135 032 NAKURU 171 KURESOI NORTH 44,113 032 NAKURU 172 SUBUKIA 39,012 032 NAKURU 173 RONGAI 54,553 032 NAKURU 174 BAHATI 60,768

) 032 NAKURU 175 NAKURU TOWN 'Iv 71,603 032 NAKURU 176 NAKURU TOWN E. 90,872 033 NAROK 177 KILGORIS 50,903 033 NAROK 178 EMURUA DIKIRR 28,597 033 NAROK 179 NAROKNORTH 59,657 033 NAROK 180 NAROKEAST 29,209 033 NAROK 181 NAROKSOUTH 49,884 033 NAROK 182 NAROKWEST 44,489 034 KAJIADO 183 KAJIADO NORTH 101,275 034 KAJIADO 184 KAJIADO CENTRA 39,538 034 KAJIADO 185 KAJIADO EAST 71,482 034 KAJIADO 186 KAJIADO WEST 45,833 034 KAJIADO 187 KAJIADO S.G!JTH 46,218 035 KERICHO 188 KIPKELION EAST 41,723 035 KERICHO 189 KIPKELION WEST 34,896 035 KERICHO 190 AINAMOI 59,549 035 KERICHO 191 BURETI 62,930 035 KERICHO 192 BELGUT 53,941 035 KERICHO 193 SIGOWET/SOIN 37,419 036 BOMET 194 SOTIK 57,911

.) 036 BOMET 195 CHEPALUNGU 51,267 036 BOMET 196 BOMETEAST 41,009 036 BOMET 197 BOMET CENTRAL 46,353 036 BOMET 198 KONOIN 55,818 037 KAKAMEGA 199 LUGARI 56,829 037 KAKAMEGA 200 LlKUYANI 42,727 037 KAKAMEGA 201 MALAVA 66,105 037 KAKAMEGA 202 LURAMBI 61,479 037 KAKAMEGA 203 NAVAKHOLO 41,439 037 KAKAMEGA 204 MUMIASWEST 37,492 037 KAKAMEGA 205 MUMIAS EAST 34,163 037 KAKAMEGA 206 MATUNGU 45,969 . 037 KAKAMEGA 207 BUTERE 49,586 037 KAKAMEGA 208 KHWISERO 38,483 037 KAKAMEGA 209 SHLNYALU 56,004 037 KAKAMEGA 210 IKOLOMANI 37,184 038 VIHIGA 211 VIHIGA 33,693

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038 VIHIGA 212 SABATIA 48,501 038 VIHIGA 213 HAMISI 53,388 038 VIHIGA 214 LUANDA 36,137 038 VIHIGA 215 EMUHAYA 31,103 039 BUNGOMA 216 MT. ELGON 49,387 039 BUNGOMA 217 SIRISIA 29,763 039 BUNGOMA 218 KABUCHAI 40,671 039 BUNGOMA 219 BUMULA 53,033 039 BUNGOMA 220 KANDUYI 76,280 039 BUNGOMA 221 WEBUYE EAST 32,650 039 BUNGOMA 222 WEBUYE WEST 37,793 039 BUNGOMA 223 KIMILILI 37,399 039 BUNGOMA 224 TONGAREN 53,486 040 BUSIA 225 TESO NORTH 37,213 040 BUSIA 226 TESO SOUTH 41,835 040 BUSIA 227 NAMBALE 30,881

.') 040 BUSIA 228 MATAYOS 41,222 040 BUSIA 229 BUTULA 40,803 040 BUSIA 230 FUNYULA 31,996 040 BUSIA 231 BUDALANGI 27,355 041 SIAYA 232 UGENYA 39,729 041 SIAYA 233 UGUNJA 34,419 041 SIAYA 234 ALEGO USONGA 72,112 041 SIAYA 235 GEM 55,845 041 SIAYA 236 BONDO 59,614 041 SIAYA 237 RARIEDA 50,200 042 KISUMU 238 KISUMU EAST 52,228 042 KISUMU 239 KISUMU WEST 50,064 042 KISUMU 240 KISUMU CENTRAL 95,644 042 KISUMU 241 SEME 35,735 042 KISUMU 242 NYANDO 52,031 042 KISUMU 243 MUHORONI 52,349 042 KISUMU 244 NYAKACH 47,769 043 HOMABAY 245 KASIPUL 39,747 043 HOMABAY 246 KABONDO KASIPl 35,203 043 HOMABAY 247 KARACHUONYO 56,178

) 043 HOMABAY 248 RANGWE 33,413 043 HOMABAY 249 HOMA BAY TOWN 34,356 043 HOMABAY 250 NDHIWA 57,576 043 HOMABAY 251 MBITA 36,916 043 HOMABAY 252 SUBA 32,437 044 MIGORI 253 RONGO 35,786 044 MIGORI 254 AWENDO 37,537 044 MIGORI 255 SUNAEAST 34,274 044 MIGORI 256 SUNAWEST 30,241 044 MIGORI 257 URIRI 38,158 044 MIGORI 258 NYATIKE 45,685 044 MIGORI 259 KURIAWEST 36,498 044 MIGORI 260 KURIAEAST 25,683 045 KISII 261 BONCHARI 39,579 045 KISII 262 SOUTH MUGIRAN, 51,246 045 KISII 263 BOMACHOGE BOf 38,701 045 KISII 264 BOBASI 66,475

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046 NYAMIRA 272 NORTH MUGIRAN 41,710 Q46 ' NYAM.lRA 273 '·60RASQ

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047 NAIROBI CITY 274 WESTLANDS 118,720 047 . : NAII:mlal GIty 2i'5 ; 'QAGOR.EffJ NORl 1b5~7~2' 047 NAIROBI CITY 276 DAGORETTI SOUl 87,134 O~F ; NAIBQel CITY . 2f7 ' LANGAfA 96,97Q 047 NAIROBI CITY 278 KIBRA 97,813 047 . NAIR.OSI C,lTY 279 ' RQYSAMS0 112,479 047 NAIROBI CITY 280 KASARANI 103,531

~ ' -1 047 NAJROBI CITY . 2a1 __ RVARAKA ~Q,427

047 NAIROBI CITY 282 EMBAKASI SO UTI- 108,216 047 1 NP.I~QBI glTY 2_8$ 'I;MBA~~I N.ORT~ ~QJ.89

\ 047 NAIROBI CITY 284 EMBAKASI CENTF 103,546 ) 047 ' NAIRO.e1 G!TY ,Z~~ , EMe.AfSA~1 I;AST 1~@,24(j

047 NAIROBI CITY 286 EMBAKASI WEST 102,663 047 N}~iIZQ!31 G'IIY 287 .1 M.AKA~AAA 195,2~8 047 NAIROBI CITY 288 KAMUKUNJI 95,912 Q41 NAIRQ~J. CITY Z§.9 STA~EHE J33,279 047 NAIROBI CITY 290 MATHARE 87,942 048 ' DIAB(?QRA 291_ .. ! DIASPOR8 2,637

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SPECIAL ISSUE

THE KENYA GAZETTE Published by Authority of the Republic of Kenya

(Registered as a Newspaper at the G.P.O.)

Vol. CXV - No. 25 NAIROBI, 18th February, 2013 Price Sh. 60

GAZEITE NOTICE No. 2222


THE INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION Acr

(No. 90/2011)

THE ELECTIONS ACT

(No. 240/2011)

THE ELECTION (REGISTRATION OF VOTERS) REGULATIONS, 2012

CERTIFICATION OF COMPILATION OF THE PRINCIPAL REGISTER OF VOTERS

IN EXERCISE of the powers conferred by section 2 (I) (a), (b), (c) and 9 of the Sixth Schedule to the Constitution of Kenya, section 6 (3) (a), (b), and (4), section 4 (a) and (b) of the Independent Electoral and Boundaries Commission Act, 2011 section 109 (1) (a). of the Elections Act, 2011 and Regulations 12(1)-(4) (a)-(c), of the Elections (Registration of Voters) Regulations, 2012, the Independent Electoral and Boundaries Commission gives notice that the compilation of the Principal of Register of Voters for the purposes of the 4th March. 2013 General Elections has been completed.

The certified register of voters may be accessed on the Independent Electoral and Boundaries Commission's website or at the offices of the Returning Officers for the different electoral areas.

Dated the 18th of February, 2013. A.I.HASSAN,

Chairperson, Independent Electoral and Boundaries Conunission.

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(Group CREDIBLE. PEACEFUL. FREE AND FAIR ELECTIONS

The Official Results are Consistent with Elections Observation Group's Parallel Vote Tabulation (PVT)

9th March 2013

Background

The Elections Observation Group (ELOG) is a permanent national platform composed of civil society and faith-based organizations committed to promote citizen participation in the electoral processes, through non-partisan, impartial domestic observation and objective reporting of elections.

BLOG has been closely monitoring the pre election environment processes since June 2012 during which 542 long term observers were deployed to observe and repOli on the pre-election environment. Our primary goal in collecting this valuable information is to contribute to a peaceful election and to enhance the integrity of the election process.

We deployed 580 constituency supervisors and over 7000 observers in all the 290 constituencies. Out of these, approximately 1000 were deployed as Parallel Vote Tabulation (PVT) observers in sampled polling stations to enable ELOG to confidently comment on electoral processes and also provide an independent verification of the results announced by the Independent Electoral and Boundaries Commission (IEBC). The PVT observers were deployed to a nationally representative sample of polling streams in all of the 290 constituencies.

PVT involves deploying highly trained, accredited observers to a representative random sample of polling streams to assess the conduct of the voting and counting process as well as to verify the official vote count. Unlike exit polls, PVT does not involve observers asking voters for whom they voted. PVT observers record the official figures as announced by the presiding officers at the sampled polling streams. The official vote counts from the representative random sample of polling streams are subjected to rigorous integrity checks and then analyzed to draw projections.

ELOG successfully conducted a PVT for the 2010 referendum on the Constitution. In the African elections, PVT has been applied successfully in countries such as Nigeria (2011& 2012), Ghana (2008& 2012), Uganda (2011) and Zambia (2008& 2012). In most of these exercises, the PVT helped to reduce mistrust in the tallying process by providing rapid independent verification of the voting process.

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ELOG's 2013 PVT employed a nationally representative, random sample of 1000 polling streams drawn by experienced statisticians from the official list of polling streams provided by the IEBe. The sample contains polling streams in all 290 constituencies.

Election Day Process

Opening and Setup With a few cases of late opening of polling streams, ELOG was generally satisfied with opening and setup process. We were equally satisfied with the security measures in place and the availability of strategic materials.

Voting Our findings noted that the voting process generally went well albeit with some challenges, namely; malfi.mctioning of the electronic poll books and a high number of assisted voters.

Closing and Counting On the closing and counting process, our findings indicated as follows:

• An ODMfWTPER party agent (representing the CORD coalition) was present in 87.9% of all the polling streams. Where they were present, the ODM/WIPER agent signed the declaration of results for the presidential elections in 94.9% of these polling streams.

• A TNAIURP party agent (Representing the Jubilee Coalition) was present in 90.0% of all the polling streams. Where they were present, the TNAIURP agent signed the declaration of results for the presidential elections in 95.6% of these polling streams.

• A UDF party agent was present in 60.8% of all the polling streams. Where they were present, the UDF agent signed the declaration of results for the presidential elections in 87.6% of these polling streams.

• Agents from other parties were present in 88.5% of all the polling streams. Where they were present, they signed the declaration of results for the presidential elections in 88.3% of these polling streams.

• A copy of the presidential results form (Fonn 34) was affixed publicly outside of many polling streams (89.1%).

ELOG 2013 PVT Results and Final Turnout

IEBC's official results are consistent with ELOG's PVT projections. ELOG wishes to note and to remind all Kenyans that it is the IEBC which is constitutionally mandated to declare and announce the final, official results of the elections. Based on the PVT, ELOG has verified that the IEBC results fall within our projected range for all the eight presidential candidates.

Below are the ranges projected by the ELOG PVT for each of the candidates. These ranges are determined by the PVT estimates and the margins of elTor. Please note that the official result announced by the IEBC for each candidate falls within the range projected by the PVT. Thus, the PVT can confidently verify that the official result for each candidate is accurate.

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IE8C Officiar Results are within PVT Projections

o IESC Announced Results • PVT Projected Ranges

0.00% 10.00% 20.00% 30.00% 40.00% 50.00% 60.00%

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Com~arison of PVT Projections with Official IEBC Results Range

PVT Margin of Lower Upper Candidate Projection Error Limit Limit Kenyatta Uhum 49.7% 2.7% 47.0% 52.4% Odinga Raila 43.4% 2.5% 40.9% 45.9% Mudavadi Musalia 4.2% 0.8% 3.4% 5.0% Peter Kenneth 0.6% 0.1% 0.5% 0.7% Dida Mohamed 0.5% 0.1% 0.4% 0.6% Kama Martha Wangari 0.4% 0.0% 0.3% 0.4% Kiyiapi James 0.3% 0.0% 0.3% 0.4% Legilisho Muite Paul Kibugi 0.1% 0.0% 0.1% 0.1% Rejected 0.9% 0.1% 0.8% 0.9%

Turnout

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IEBC Result 50.07% 43 .31% 3.93% 0.59% 0.43% 0.36% 0.33%

0.10% 0.88%

The PVT projection for final turnout is 85.6% with a margin of error of +/- 1.7% is consistent with the IEBC's results of 85.9%.

In Conclusion: ELOG is confident that the Election Day process has been generally credible. We call on the IEBC to immediately make public any information relevant and material to the results as announced. More specifically, we call on the IEBC to make public the individual results (Form 34) from all polling streams.

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We urge any party or person who may feel aggrieved by the outcome of the elections to seek redress through the courts of law. We call upon the courts to act expeditiously on any complaints that may be filed, and apply fairness which is essential to ensure equal protection of the law and the guarantee of effective peaceful redress. ELOG will continue to observe the process as it unfolds.

We congratulate Kenyans for making history by turning out in large numbers to exercise their right to vote. We want to acknowledge the peaceful manner with which Kenyans have conducted themselves and urge that peace continues to prevail.

May we dwell in unity, peace and liberty.

God Bless Kenya

Thank You

ELOG Contacts: Elections Observation Group KaurialMageta Close, Off Muthangari Road Lavington P.O.Box 4037 - 00506, Nairobi Phone: 0717759244/0731991921 Email: info@e]og.or.ke Website: www.elog.or.ke

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CREDIBLE, PEACEFUL, FREE AND FAIR ELECTIONS

4th MARCH 2013

OPENING OF POLLS STATEMENT

Today's General Elections are the first to be conducted within the framework of the Constitution of Kenya, 2010. As such they are critical to the country's journey towards truly representative and democratic governance systems.

In our bid to contribute to a credible, peaceful, free and fair election, we have deployed 580 Constituency Supervisors and over 7000 observers in all the 290 constituencies. Out of these approximately 1000 are deployed as Parallel Vote Tabulation (PVT) observers in sampled polling stations. PVT is an advanced election-day observation methodology. It will allow the Elections Observation Group ELOG to confidently comment on both the process of the elections countrywide and also provide an independent verification of the results announced by the IEBe. The PVT observers were deployed to a nationally representative sample of polling stations in all of the 290 constituencies.

This statement is based on Observation and Incident Reports filed as of 11 :30am by ELOG observers .

jl ELOG has so far observed the following:

Opening and Set-up

• 59.7% of the polling stations opened on time. The remaining stations opened between 7:00am with some opening after 8:00am.

• In 95.6% of polling stations observed, the ballot boxes were shown to be empty before being sealed.

• ELOG observers reported that majority of the polling stations 99.6% had security officers present.

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• In 8.0% of polling stations observed either Electronic Poll book was missing or they malfunctioned.

• A vast majority of polling stations (99.4%), had the requisite strategic materials (ballot boxes, ballot papers, lEBC stamp, indelible ink, and the Results Form 34)

Critical Incidents

@j 99.4% of polling streams were not missing 8flY strclegic Items tor voting.

www.elog.ke.or

So far ELOG has observed critical incidents during the opening and setup of polling stations process:

Tension and insecurity in Mombasa ELOG strongly condemns the attack and senseless killings of senior poLice officers in Mombasa County. The incident, which took place on the eve of the election, affected the opening of polling stations in the Jomvu and Changamwe Constituencies in the early hours of the morning. However, our observer reports indicate that polling stations subsequently were opened and voting commenced later in the morning.

ELOG commends the effOlts so far by the security agencies in restoring calm tbus enabling the lEBC to commence polling. We urge the Minister for Internal Security to deploy additional security to restore and maintain peace and calm in the affected areas and potential hotspots.

Poll Books Malfunction ELOG has also received reports of malfunctioning andlor absence of the electronic poll books in 8.0% of the stations observed. Weare happy that the lEBC, as a backup, made provision for the use of hard copy registers to enable manual identification of voters thereby ensuring that the voting process did not stall. Both registers are official and either may be used to

@ §o;Qm~'''id not Ilave an electronic pollbook or tile electronic pollbook failed to function.

identify a voter. However, ELOG is concerned that this

could potentially slow down voter identification and by ,~~~ effect, increase the time a voter takes in order to cast their ballot.

Observer access inside polling stations

www.elog.ke.or

In the early hours of the morning some ELOG observers were denied access into polling stations by Presiding Officers for reasons that they lacked stamped lEBC letters and in some

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stations presiding officer asked for oaths of secrecy. We note that the requirements for observers in this election are an accreditation badge and a letter of appointment by an accredited organization in our case the Election Observation Group. This confusion therefore is largely attributable to inconsistent communication to the presiding officers.

ELOG would like to call for a speedy resolution of any pending issues which may bar observers from accessing the polling stations. We would especially call on the IEBC to expedite its communications between the headquarters and its officers on the ground. It is our hope that observers will be allowed free access to observe the entire voting process and more partiCUlarly the counting process, which is sacrosanct to the integrity of the process and validity of the results.

www.elog.ke.or

We, however, commend the IEBC for their efforts in resolving this situation and thus allowing observers to access the polling station.

In Conclusion:

ELOG is committed to its mandate and will remain vigilant and diligent in serving Kenyans to comprehensively monitor and observe the electoral processes and provide impartial and objective reports and recommendations.

We take this opportunity to congratulate Kenyans for turning out early and in large numbers. We appeal to them to exercise patience and tolerance in spite of the challenges experienced with the process.

May God Bless You and God Bless Kenya

Thank You Elections Observation Group Kauria/Mageta Close, Off Muthangari Road Lavington P.O.Box 4037 - 00506, Nairobi Phone: 0717759244/0731991921; Email: [email protected] Website: www.elog.or.ke

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CREDIBLE. PEACEFUL, FREE AND FAIR ELECTIONS

4TH MARCH 2013

PRESS STATEMENT ON THE VOTING PROCESS

Over the last 12 hours, Kenyans across the country have had the opportunity to cast their votes. ELOG through its elaborate network of over 7000 observers has kept close vigil over the entire voting process in all the 290 constituencies.

This statement is based on Observation and Incident Reports fIled as of 8.30pm by ELOG observers.

The following are ELOG's findings on the voting process:

• As at 4.00pm, 68.5% of all registered voters had voted for the presidential election. • Although we noted in our earlier statement that in about 8.0% of the streams

observed electronic poll books were either missing or malfunctioning as at 11.30 am, by 8.30pm 55.1 % of the polling streams observed that electronic poll books failed to function properly.

• In 84.8% of polling streams nationwide, people whose details were not on the voters register were not permitted to vote as prescribed in law. However, in 15.2% of polling streams some people were permitted to vote even though their details did not match the register.

• Voters' fmgers were marked with ink in almost all of the polling streams (99.9%). • In 54% of polling streams many (i.e. 25+) people were assisted to vote. Out of these,

in 9.3% of the polling streams, assisted voters were not allowed to have a person of their choice assisting them.

• In 99.4% of polling streams throughout the country, voters names were marked or crossed out once their details were confirmed in the voters register.

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• In 99.5% polling streams ballot papers were stamped with the IEBC official stamp before being issued.

• In 46.4% of polling streams, we noted some people were not permitted to vote. However, in 50.8% of polling streams, people were permitted to vote.

• 93.1 % of polling streams finished with voting by 7. 30pm.

We take this opportunity to commend IEBC's timely responses to some of the emerging challenges.

We note that the counting process has commenced and results have begun streaming in. We call upon Kenyans not to draw quick conclusions based on these, but rather wait for all the

""\ results to come in from the constituencies. )

In conclusion ELOG continues to thank Kenyans for conducting themselves peacefully and appeals to them to maintain the same spirit in the remaining part of the process.

We remain committed to our mandate and will continue being vigilant in accurately recording and reporting on the closing, counting and tabulation processes.

Thank You and May God Bless Kenya

Elections Observation Group Kauria/Mageta Close, Off Muthangari Road Lavington P.O.Box 4037 - 00506, Nairobi Phone: 0717759244/0731991921 Email: [email protected] Website: www.elog.or.ke

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CREDIBLE. PEACEFUL, FREE AND FAIR ELECTIONS

7TH MARCH 2013

PRESS STATEMENT ON THE ONGOING TALLYING OF PRESIDENTIAL RESULTS

The Elections Observation Group (BLOG) has so far issued two statements on the Election Day processes highlighting on the setup and opening of polls and the voting process. On these, our findings generally noted that the opening and closing processes went well albeit with some challenges; namely, late opening of polling streams and malfunctioning of the electronic poll books, amongst others.

We have also concluded our analysis on the counting process of which our fIndings indicate that the process was up to the set standards. Particularly, on the counting process, we noted that political party agents requested a recount in the presidential election in only 2.8% of the polling streams. Additionally, an ODM/WIPER party agent (representing the CORD Coalition) was present in 87.9% of all the polling streams. Where they were present, the aDM/WIPER agent signed the declaration of results for the presidential elections in 94.9% of these polling streams.

Similarly, A TNA/URP party agent (representing the Jubilee Coalition) was present in 90.0% of all the polling streams. Where they were present, the TNA/URP agent signed the declaration of results for the presidential elections in 95.6% of these polling streams.

We are aware of the challenges that have arisen with regard to the electronic transmission of results and the consequent decision and action by the IEBC to manually tally the presidential results. We wish to note that the manual tallying process is recognised in the law and, consequently, IEBC's abandoning of the electronic tallying process and resorting to manual tallying does not invalidate the credibility of the process. What clearly is lost is efficiency and transparency, hence the delay and anxiety. While not much can be done to make the process much more efficient, we take this opportunity to urge the IEBC to open

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the manual tallying process to thorough scrutiny in order to retain the transparency which ought to have been enhanced by the electronic tallying system.

We, therefore, urge politicians and the general public to remain calm and allow the IEBC to finish its work. We would like to reassure Kenyans that through our work on the Parallel Vote Tabulation, we shall be in a position to verify and safeguard the integrity of the final presidential election results as announced by the IEBC.

We remain committed to our mandate and will continue being vigilant in accurately recording and reporting the tabulation process.

Thank You and May God Bless Kenya

Elections Observation Group Kauria/Mageta Close, Off Muthangari Road Lavington P.O.Box 4037 - 00506, Nairobi Phone: 0717759244/0731991921 Email: [email protected] Website: www.elog.or.ke

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March 6, 2013 FOR IMMEDIATE RELEASE CONTACT: In Atlanta, Deborah Hakes 1 404-420-5124; In Nairobi, Stephane Mondon +254738245781

Carter Center Congratulates Kenyan Voters on Peaceful Election, Urges Patience While Results Processed

The Carter Center finds that Kenya's polls were well-conducted in a peaceful environment. Voter turnout appears to have been high. The Independent Electoral and Boundaries Commission has made important commitments to improve the transparency of the counting and tabulation of votes. Although partial provisional results are available, the full tabulation of results is ongoing.

The Center regrets the security incident at the coast that happened on the eve of the election day that led to the unfortunate loss of lives and the death of an IEBC agent during the course of his duties. Their extreme sacrifice is a constant reminder of the importance of peace and security in the conduct of democratic elections.

The Center has observed a high number of rejected votes and appeal to the IEBC and other stakeholders to make address this in the shod telm.

At this stage, with the tabulation of final results still underway, it is too early to provide an overall assessment of the electoral process. Carter Center observers will continue to observe the tabulation process, dispute resolution, and the post-election environment.

In the meantime, political parties and their leaders should refrain from releasing one sided figures or making inflammatory statements. Instead we advise them to cooperate with the lEBC and appeal to their supporters to remain calm, refraining from any action that may lead to compromising security the elections in general and the Kenyan people in pruticular.

The Center encourages political parties and candidates to continue to exercise patience as the results process continues and to bring any complaints they may have to the appropriate legal channels.

The Center launched its election observation mission in Kenya in January 2013 with the deployment of 14 long-term observers from 11 countries. They were joined by an additional 38 short-tenn observers from 19 countries to observe voting and counting. The mission was led by

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fonner Zambia President Rupiah Banda and Calter Center Vice President for Peace Programs Dr. John Stremlau. On election day, Carter Center observers visited 265 polling stations in 34 counties.

The Carter Center is in Kenya at the invitation of the Independent Electoral and Boundaries Commission and will provide an impartial and independent assessment of the electoral process to be made available to Kenyan citizens and the international community through periodic public statements. The Center makes its assessment based on Kenya's legal framework and its obligations for democratic elections contained in regional and international treaties. The Center's observation mission is conducted in accordance with the Declaration of Principles for International Election Observation and all its observers have signed the Independent Electoral and Boundaries Commission Code of Conduct for Election Observers.l The Carter Center has observed 94 elections in 37 countries, including the 2002 elections in Kenya.

This statement is preliminary; a final report will be published in the coming months following the conclusion of the electoral process. The full preliminary statement is attached.

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" Waging Peace. Fighting Disease. Building Hope. " A not-for-profit, nongovernmental organization, The Carter Center has helped to improve lffefor people in more than 70 countries by resolving conflicts; advancing democracy, human rights, and economic opportunity; preventing diseases; improving mental health care; and teaching farmers in developing natiolls to increase crop production. The Carter Center was founded in 1982 by former us. President Jimmy Carter and his wffe, Rosalynn, in partnership with Emory University, to advance peace and health world""ide.

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The Carter Center International Election Observation Mission to Kenya's March 4, 2013, Elections

Statement of Preliminary Findings and Conclusions

On March 4, 20 I 3, Kenya held its fifth elections since the re-establishment of mUlti-party politics in 199 I . The country has a longstanding history of ethnic fuelled electoral violence, which culminated in post-election violence in 2007 and 2008, leaving more than 1,000 dead and over 600,000 internally displaced people. The March 4 elections were the first conducted under the terms of the new constitution adopted by referendum in 2010, with a new electoral management body, the Independent Electoral and Boundaries Commission (IEBC).

The Cat1er Center launched its election observation mission in Kenya in January 2013 with the deployment of 14 long-term observers from 11 cOlmtries. They were joined by 38 short-term observers from 19 countries to observe voting and counting. The mission was led by fonner Zambia President Rupiah Banda and Carter Center Vice President for Peace Programs Dr. John Stremlau. On election day, the Center's observers visited 265 polling stations in 34 counties. Carter Center observers will continue to observe the tabulation process, dispute resolution, and the post-election environment.

The following observations are preliminary and may be amended as The Carter Center continues its assessment. Any commentary or recommendations offered in the spirit of support for genuine democratic elections in Kenya.

Legal and Electoral Framework

A sound legal electoral framework is essential for the effective administration of democratic elections that adhere to national and international rights. The legal framework includes the rules found in the national laws of the country that regulate how all aspects of the electoral process will unfold, including electoral management, boundary delimitation, campaigning, voter education and registration, voting operations, and counting and dispute resolution.

The Republic of Kenya has committed itself to a number of regional and international treaties through which it has obliged itself to follow key human rights standards. I Kenya has ratified a series of intemational and regional human and political rights instruments that are relevant to the electoral process. These treaties include the Convention of the Political Right of Women, (CPRW), the International Convention on the Elimination of Racial Discrimination (CERD), the Intemational Covenant on Civil and Political Rights, (ICCPR), the Convention of the Elimination of all Forms of Discrimination Against Women (CEDA W), the African Charter on Human and Peoples' Rights (ACHPR), the African Union Charter on the Principles Governing Democratic Elections in Africa (AU CPGDEA), the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Afiica (ACHPR-PW), and the Convention on the Rights of Persons with Disabilities.

I Art. 2 (6) of the Constitution of Kenya states that: "Any treaty or convention ratitied by Kenya shall tc)]m part of the law of Kenya under this Constitution."

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The Elections Act, the Independent Electoral and Botmdaries Commission Act, and the Political Parties Act provide solid grounds for genuine elections. In addition, with two codes of conduct, the legal framework provides for a solid framework for a peaceful campaign. Effective access to the legal framework is made difficult by the variety of acts and the pr01hsion of subsidiary legislation, published in the Kenya gazette without further dissemination. The legal framework could be made more accessible to stakeholders and especially voters by a compilation of its regulations.

In contrast with 2007 elections, the CUtTent legal framework provides for a credible dispute resolution mechanism thanks to the reform of the judicialY, described in more detail below.

The Carter Center regrets the decision not to apply the two-thirds gender quota, which represent a step back from the constitutional commitment of Kenya to ensure equal eligibility and participate in fOlmulation of government policy as stated in the Convention on the Elimination of all Forms of Discrimination against Women.:!

The Center also notes that the absence of campaign finance regulations reduces transparency in campaign spending and gives an unfair advantage to the wealthiest candidates.

Good practices in achieving elections that meet international standards advise that no substantial change to the electoral law should be made within six months prior to elections. Unfortunately, several amendments were made in this period, one of them withdrawing the obligation of party membership three months prior to party nomination. This allowed candidates to switch parties at the last minute, opening the possibility of "party hopping" for losing aspirants and thus withdrawing an essential safeguard against fraud, manipulation, and antedating of nomination documents.

The Center regrets the disenfranchisement of prisoners, whom in spite of a court recommendation to include them in the voter register, were not permitted to palticipate in the process.

Election Administration

An independent and impartial electoral authority that functions transparently and professionally is internationally recognized as an effective means of ensuring that citizens are able to participate in a genuine democratic election and that other international obligations related to the electoral process can be met. 3

The constitution provides for the establishment of the IEBC under Article 88. After the enactment of the new constitution in 2010, one of the critical pieces of legislation enacted by the parliament was the Independent Electoral and Boundaries Commission Act, which provided the process for the recruitment and selection of the commissioners to the IEBC.4

2 Ratitied by the Republic of Kenya on March 9, 1984. 3 UNHRC General Comment No.25, para. 20 4 Internal Electoral and Boundaries Commission Act, art. 5

The Carter Center welcomes the introduction of new selection criteria for the recruitment of the IEBe. The recruitment of lEBC commissioners was handled through multiple independent institutions, which was a departme from the selection of commissioners in the previous general elections. The process was spearheaded by the IEBC selection panel, which received all applications for the positions of IEBC commissioner. The president and prime minister then forwarded names to parliament for approval. In spite of attempts at political interference at various points in the process, the process enjoyed a high degree of impartiality, which has enhanced the credibility of the IEBC with both political parties and the general public.

The constitutional responsibilities of the IEBC include the continuous registration of voters and revision of the voter's roll, the delimitation of constituencies and wards, the regulation of political pa11ies process, the settlement of electoral disputes, the registration of candidates for elections, voter education, the facilitation of the observation, monitoring and evaluation of elections, the regulation of money spent by a candidate or party in respect of any election, the development of a code of conduct for candidates and pa11ies, and the monitoring of compliance with legislation on nomination of candidates by parties.

The Center is concerned about the low voter registration in pastoralist areas of Kenya and appeals to the IEBC to devise better methodology of reaching nomadic communities in future.

Candidates, Parties, and the Campaign Environment

The light of individuals to participate in public affairs, including through the establishment of and free association with political parties and participation in campaign activities, is protected by intemational principles and fundamental electoral rights.5 Equal treatment of candidates and parties during an election, as well as the maintenance of an open and transparent campaign environment, are important to protecting the integrity of the democratic election process.6

The Constitution of Kenya also guarantees freedom of citizens to exercise their political rights under Article 38 and guarantees free and fair elections tree from violence, intimidation, improper influence or corruption, and conducted by an independent body. Chapter VII of the Constitution of Kenya guarantees the representation of the people and covers critical areas of general principles for the electoral system, legislation on elections, registration as a voter, candidates for election and political parties to comply with code of conduct, and electoral disputes, amongst other issues.

The campaign ended on March 2 at midnight on a peaceful note. The last campaign rallies gathered numerous supporters and no clashes were observed. Kenyans were able to assemble freely while parties and candidates conveyed their message to potential voters. The Center's observers reported isolated cases of vandalism such as destruction of campaign posters. The Carter Center welcomed the organization of a public rally at Uhuru Park on Feb. 25 where all presidential candidates pledged to peaceful elections. The event gathered a big crowd of supporters and showed a strong moral commitment to a peaceful electoral process.

5 ICCPR. Art. 25(a): ICERD, Art. 5((.): CEDA ~f: Arl. 7 (b); UNHRC, General Comments 25, para. 2 6 AU-ACHPR, arLIO (1); IPU, Declaration on Critelia for Free and Fair Elections art.3 (3);

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Campaign fmance is provided to national political parties by public funding in proportion to the strength of their representation in parliament or votes garnered in previous elections. Unforttmately, the absence of a fully defined official campaign period tends to penalize candidates and parties who lack the resources to run a long and expensive campaign. Financial resources continued to prevent a level playing field through the end of the campaign. While the wealthiest candidates were campaigning using helicopters, others struggled to afford billboards, media space, and televised advertising.

Several Kenyan organizations have reported on the particular disadvantages facing women candidates, who frequently lack the resources of male contenders and who often do not receive help fl:om their parties.

Occurrences of hate speech were reported on vernacular radio; however, the Center commends the majOlity of Kenyan citizens for their commitment to a peaceful electoral process reaffirmed on numerous occasions during the campaign. The Carter Center welcomed the organization of two presidential and vice presidential debates where all eight candidates exchanged their views on live television and 33 radio stations across the country.

Participation of Women

State obligations to promote de facto equality for women derive, in part, ii-om broader political obligations regarding absence of discrimination and the right of all citizens to participate in the public affairs of their country regardless of gender. 7 Through ratification of international and regional treaties, Kenya has pledged to promote the political participation of women on an equal basis with men. It has also made specific provision for the rights of women in the 2010 constitution.8

In spite of a legal framework providing for a solid set of mles to enhance women participation in politics, The Carter Center observed a very low number of women competing for elective positions. While the Center welcomes the adoption of a quota system that ensures an immediate representation of women in parliament, rather than empowering women to fully engage in the political process as candidates and elected representatives, the reserved seats for women have served to segregate female candidates and to bar them from standing as candidates for any other seat in parliament.

Just one of the eight aspirants for the presidency is a woman. Only 167 women ran among several thousand candidates for the 290 elected seats in parliament. Seven women are in the race for the 47 governor seats and 17 are mnning for the one of the 47 senate seats. The majority of women candidates competed for the reserved seats in the National Assembly with 403 candidates vying for the 47 seats.

In spite of numerous dispositions aimed at ensuring a better representation of women in public office, The Ouier Center regrets the undermining of the essential component of a modem society that is the promotion of women's representation in elective positions. The Political Patiies Act

7 UN, Convention on the Elimination of all forms of Discrimination against Women, art. 3 8 Constitution of Kenya 20 I 0, Art. 59 (2) (b)

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alone contains three significant aliicies focusing on gender equality in both party and government composition, however, their existence has failed to translate to higher political representation or participation by female candidates.9

Media

fntemational obligations related to the media and elections include freedom of expression; opinion; and the right to seek, receive, and impart information through a range of media. 10 While The CaIter Center did not conduct comprehensive media monitoring, it offers the following observations on the overall media fi·amework.

The Carter Center observed very intense media coverage of the electoral campaign, mainly concentrated around the two parties that were considered frontrunners by pollsters. The attention given to the two main presidential contenders, CORD and Jubilee, and their financial capacity to occupy the media did not create a level playing field for the other candidates.

The numerous public opinion polls reported during the campaign prepared the Kenyan people for a potentialmnoff and a very close race, inciting the media to focus even more on the two main presidential candidates. Throughout the campaign, the national media focused on the presidential elections, leaving aside the crucial competition for national and local assemblies, which will play a major role in the country's futme with the implementation of the new devolution system. The Center finds that more attention should have been given to the five other elections that took place on March 4.

The Carter Center regrets the focus given by international media on the risks of viole nee that did not reflect the peace oriented messages sent by candidates, political patties, and all stakeholders.

Voting Procedures

The quality of voting operations on election day is crucial to determining how closely an election falls in line with a country's democratic obligations. I I A core obligation under international law is that elections shall be held by secret ballot, which is recognized as a means of ensuring that the will of the people is expressed fi'eely, and that a cast ballot cannot be connected with a voter to avoid intimidation and political retribution. Kenya appears to have largely met this important obligation in the March 4 elections.

Carter Center observers visited a total of 265polling stations on election day, where they observed the opening of the polls and the polling, closing, and counting procedures. Overall, Carter Center observers reported strong voter turnout and that the process was well conducted by fEBC officials. Polling station staff generally performed according to procedures with a rating of good or very good in more than 90 percent of stations visited.

9 art 7.2.c, art 2S.2(b), art.91 (f), art. I 00 of the Political Parties Act 10 UN, rCCPR, art. 19(2); United Nations Convention against COllllption, arts. 1 O(a) and 13(b); AU, Principles on Freedom of Expression in Aflica, art. 6 II UN, ICCPR, art. 25; ACHR, art. 23; UN UDHR, art. 21

Polling operations throughout the day, including counting, were perfOlmed in a largely peaceful atmosphere. Two serious incidents of violence with multiple deaths seriously marred election day in the coast region and forced the relocation of a constituency tally center.

For the 2013 elections, there were approximately 32,400 polling stations with a significant variance in the number of voters per polling station. Some 50 percent of polling stations had more than 400 voters and many large polling centers were established, often as a single polling station with many "streams." It appears that the high number of voters at some polling locations is attributable to the delayed voter registration period while the electoral law also required the IEBC to gazette the number of polling stations 90 days before the elections (and before the voter register was finalized). One consequence was that while the IEBC sought to limit most polling stations to fewer than 1,000 voters, many locations felt the pressure of several thousand people trying to enter through a single gate or other control. The result was incredibly long queues. Kenyans withstood these long lines from early morning through the heat of the day and many voters waited six or more hours to vote. While Kenyans did so with great patience, the imposition of this waiting time is unreasonable and the IEBC should take steps to reduce this and establish more voting locations, improved queue management with more polling staff, or other measures. In future elections, the IEBC should consider reducing the number of registered voters per polling station to facilitate polling operations and counting.

The official hours of voting were 6a.m. -5p.m. Polls that opened late were to remain open for 11 hours, and all polling stations were to allow the last voter in line at the time of closing to cast their ballot. Calier Center observers reported that 75 percent of polling station openings occurred by 6:30 a.m. Nearly all polling station areas were free from campaign materials and the appropriate number of security personnel was on hand and behaved accordingly.

The March 4 elections were the first to use the electronic voter register, requiring each polling station to have a functioning electronic voter identification (EVID) machine to conduct biometric voter identification. However, Carter Center observers found that while polling workers were adequately trained on how to use the machines, many EVIDs malfunctioned or were not provided with an adequate power supply to maintain function for all 11 hours of voting. In 41 percent of polling stations visited by Center observers these electronic devices were not operating. This failure resulted in some confusion regarding the voters list which was further compounded by some 35,000 voters being included in the paper registry but not in the biometric system.

Polling stations also were issued with printed voter lists including photographs. FOltunately, polling station staff quickly reverted to the paper register to keep the voting process moving. While the technical difficulties and voters list confusion significantly slowed the voting process in certain areas, voting was able to continue and voters were not reported to be disenfranchised.

The IEBC is commended for its efforts to acquire, produce, and distribute both sensitive and nonsensitive election materials. Carter Center observers found that 95 percent of polling stations visited had all necessary materials by the time polling stations were to open at 6 a.m.

Carter Center observers noted that in some 20 percent of locations visited, the layout of the polling station and placement of the voting booth, particularly those in stations with limited

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space, could have compromised the secrecy of the vote. However, in these cases Carter Center observers did not report serious concerns about violations of ballot secrecy or incidents of intimidation or concem among voters.

According to public international law, al1 persons have the right to participate in the public affairs of their country. 12 This includes the right of citizens to participate in non-governmental organizations as well as the right of citizens to participate in citizen observer organizations and contribute to voter education effOlis. Through these means, civil society can actively play an essential role in upholding an electoral process that is accountable and in which all participants can have confidence.

Political patiies and independent candidates' agents from more than one party were present at almost all of the polling stations observed. Very few polling station complaints were recorded officially. Domestic observers were also prevalent at 60 percent of polling stations. The Center also notes the impressive work of the Elections Observation Group, which released two rolling assessments on election day and implemented a parallel voting tabulation as an independent check on the cOlmting process.

Counting

The accurate and fair counting of votes plays an indispensable role in ensuring the electoral process is democratic and reflects the will of the voters. International and regi~nal commitments indicate that votes be counted by an independent and impattial electoral management body whose cowlting process is public, transparent, and free of corruption. 13

In the polling stations visited by Carter Center observers, closing and counting took place in a peaceful atmosphere and largely according to procedure. A significant number of counting operations did not reconcile the number of ballot papers properly, but otherwise most stations completed the appropriate results correctly. Party agents and/or observers signed the results declaration forms in nearly 100 percent of cases. In nearly a quarter of counts observed the results form was not posted, missing an important safeguard on the transparency of the counting process.

The Center has observed a high number of rejected votes and appeals to the IEBC and other stakeholders to address this in the short term. In the meantime, political paIties and their leaders should refrain from releasing one sided figures or making inflammatory statements. Instead we advise them to cooperate with the IEBC and appeal to their supporters to remain calm, refraining from any action that may lead to compromising security of the elections in general and the Kenyan people in particular.

Tabulation

To promote transparency and reduce corruption, the IEBC has followed international best practice by providing party agents with signed copies of the polling station results. Polling

12 UN, TCCPR, art. 25; AU, AfCHPR, art. I 3 13 African Charter, art. 17(1); UNHRC General Comment 25, para. 20; UN Convention against Corruption, art. 1819

station tallies were posted at the completion of the count and presiding officers were to transmit the presidential results directly to the national tally center via an electronic results system designed for use via mobile handset. In theory, every polling station result for the presidential election would have been transmitted to the national tally center once counting was completed on election night. Media and the public also have direct access to this feed, an impressive commitment to transparency and providing an important means to get provisional results into the public domain quickly. Unfortunately this has 110t been the case and while a significant number of results (representing some 40 percent) were posted within 24 hours of the close of polls, the majority were not.

The legal official results are on paper tally sheets fl'om each polling station and these are to be transported securely to the 290 constituency tally centers, where once again they are to available for scrutiny of palty agents and observers and publicly posted. At the time of this statement, Carter Center observers report that this process has largely occurred without problem. Once completed at the constituency level, presidential tallies are to be delivered directly to the national tally center for final compilation by the IEBe.

Meanwhile, the remainder of the tabulation process will continue for the other elections and move up the chain to the 47 county tally centers. The Center hopes that political parties and observers will continue to follow the tabulation process to its conclusion to ensure that clear, detailed results by polling station are l~ecorded and confirmed. Calter Center long-teml observers will remain deployed to the completion of the results process.

The detailed, written procedures and guidelines for the organization and processing of polling station results have not been made available by the IEBC to the Center. General procedures were published but while the tally process appears to have been well-conducted thus far, written procedures are essential in the event of any election disputes that may arise. In future elections, the IEBC should strive to release procedures earlier.

The Center encourages political patties and candidates to continue to exercise patience as the results process continues and to bring any complaints they may have to the appropriate legal channels.

The Judiciary

Impunity within the justice system undermined the rule of law and underscored the need for urgent cOlTective measures to prevent a crisis similar to what Kenya experienced in the last elections. In 2011, the Vetting of Judges and Magistrates Act was passed by parliament, establishing the Judges and Magistrates Vetting Board to vet the suitability of all judges and magistrates who were in office on the effective date of the new constitution. The work of the board has resulted in a clean-up of the judiciary with judges whose qualifications and integlity were questioned being dismissed from service.

In addition to the vetting process, the new constitution provided for a deep reform of the judiciary system as a whole. The Supreme Court has the highest jurisdiction in the country, followed by the Court of Appeal, High Courts, Magistrate's Courts, and other Subordinate Courts. The appointment and dismissal of judges and magistrates, vested by an independent Judicial Service Commission, was an essential step to renew the trust of Kenyan citizens in their

judicial system. The renewed judicimy and legal framework provides a credible dispute resolution mechanism that renders unjustifiable the use of violence as a tool to contest election results .

The efficient distribution of cases between magistrate's courts for county representatives, high comis for parliamentary, senatorial, govemorship, and women representative contestants, and the Supreme Court for the presidential elections will be instlUmental to a swift resolution of disputes. However, with only 70 high cOUli judges in place and a period of six months to determine election disputes, along with the priority put on electoral cases, there is a strong likelihood that the courts will be forced to priOlitize electoral disputes over their normal work, potentially impeding access to justice for Kenyans. In a highly charged political atmosphere for elections to entirely new offices, Kenyans will have to be patient just as the judiciary must ensure that fhll access to redress is enabled.

) Electoral Dispute Resolution

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Efficient electoral dispute mechanisms, including, as necessruy, the provision of a fair and public hearing before a tribunal, are essential to ensure that effective remedies are available for the redress of violations of fundamental rights related to the electoral process. 14 The Carter Center welcomes the fast tracking of all elections related matters by the judicialY and the establishment of the Judiciary Working Committee on Election Preparations by the chief justice to develop strategies to efficiently and effectively manage elections disputes. The Center also commends the special training received by all judges, magistrates, and court registrars to handle elections offences and disputes. The judiciary's adoption of the Election Petitions Rules and Supreme Court Rules on Presidential Election Petitions enhances the transparency and credibility of the institution while providing stakeholders with clear lUles for the settlement of disputes. The Carter Center also commends the judiciary for having published the rules governing electoral petitions in the newspapers, making them clear and accessible to all stakeholders.

In the period building up to the elections, the judiciary addressed mUltiple cases directly affecting the electoral process. These included all the matters arising from the delimitation of electoral units at the constituency and ward levels and questions on the election date. A number of cases relating to the procm-ement process of the IEBC and one against international observers also were filed and concluded before the elections.

Of significance to note is the case on procurement of ballot papers filed and concluded a few days before the elections. This case presented a tense period for the voters as its determination had significant impact on the IEBC meeting critical operational deadlines. A recent decision of the court was given in regards to the integrity of a presidential candidate and his running mate on Feb. 15, 2013. The efficiency with which the courts have dealt with matters coming before it has increased the credibility of the judicimy's ability to settle electoral disputes with impartiality.

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The Carter Center makes its assessment based on Kenya's legal framework and its obligations for democratic elections contained in regional and international treaties. The Center's observation

14 ICCPR, Art. 2(3), UNHRC, General Comment No. 32, para. 18

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mission is conducted in accordance with the Declaration of Principles for Intemational Election Observation and all its observers have signed the IEBC Code of Conduct for Election Observers. 15 The Carter Center has observed 94 elections in 37 cotmtries, including the 2002 elections in Kenya.

"Waging Peace. Fighting Disease. Building Hope. " A not-for-profit. nongovernmental organization, The Carter Center has helped to improve l[(e for people in more than 70 countries by resolving conflicts; advancing democracy, human rights. and economic opportunity; preventing diseases; improving mental ilea/lh care; and teaching farmers in developing nations to increase crop production. The Carter Center was founded in 1982 by former u.s. President Jimmy Carter and his w!(e, Rosalynn, in partnership with Emory University, to advance peace and health worldwide.

15 The Declaration of Principles for Intell1ational Election Observation was adopted at the United Nations in 2005 and has been endorsed by more than 30 organizations including the AU, European Union, Commonwealth, Organization of American States, National Democratic Institute and Electoral Institute for Sustainable Democracy in Africa.

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LAW SOCIETY OF KENYA Lavington, Opposite Valley Arcade

Gitanga Road P.O.Box 72219-00200

NAIROBI Tel. 3874664 0720904983

PRELIMINARY REPORT OF THE 2013 ELECTION OBSERVATION

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PRELIMINARY REPORT OF 2013 ELECTION OBSERVATION

1. INTRODUCTION

This statement addresses the quality of the overall election process, including pre-poll issues as well as an assessment of the Election Day.

2. BACKGROUND

The Biometric Voter Registration for voters to participate in the election of March 4th 2013 started on 19th November 2012 for 30 days. 14,350,824 voters registered representing 79.7% of the 18 million voters Independent Electoral and Boundaries Commission (IEBC) had targeted to register. Out of these 49% were female and 51 % were male. The top five counties in turnout were: Nairobi (121.6%), Kiambu (113.7%), Nyeri (110.4%), Lamu (109.5%), and Kirinyaga (106.7%). The bottom five counties in turnout were: West Pokot (45.1%), Garissa (40%), Wajir (35.7%), Turkana (30.2%), and Mandera (25.3%).

The voters l register was opened for inspection for 14 days according to the law as from 13th January 2013. The voters confirmed their registration details by sending their identity card or passport number to short text message code 15872. IEBC detected about 7,000 cases of double registration and in one case, a Mr Jama Mohamed Hassan registered nine times in Mandera County in the exercise that closed on December 18, 2012.

The IEBC established the National Elections Tallying Centre at the Bomas of Kenya in Nairobi consisting of a Call Centre, Media Centre, Results display Auditorium and the Tallying Centre. There were a total of 33,689 polling stations throughout the country.

The Law Society of Kenya was accredited Observer for the Election with members from various LSK branches deployed. Election Observation badges and Tools were provided to all the LSK accredited observers.

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3. SIGNIFICANT ISSUES/INCIDENCES LEADING TO THE ELECTIONS

3.1 Constitution 2010 and Implementing legislation

A constitutional referendum was held in Kenya on August 4, 2010 on whether to adopt a new Constitution, 2010 passed by parliament on April 1, 2010. The result was a victory for the "Yes" campaign, with official figures released by the Interim Independent Electoral Commission (IIEe) showing 66.9% in favour, with the results counted in all 210 constituencies. The Constitution was promulgated on 27th August 2010 providing for six elective positions of President, Member of Parliament, Woman Representative, Senator, Governor and Ward Representative.

The President

The authority of the President is vested in the Constitution under Article 131. The president is the head of state and government. He is the commander in chief of the Defence forces in Kenya. The president exercises the executive authority of the Republic, with the assistance of the Deputy President and Cabinet Secretaries.

The Member of Parliament

A Member of Parliament represents a constituency in the National Assembly. There are 290 constituencies. Article 95 of the Constitution provides for the role of the National Assembly.

The National Assembly; a. determines the allocation of national revenue between the levels of

government, b. appropriates funds for expenditure by the national government and other

national State organs; and c. exercises oversight over national revenue and its expenditure. d. review the conduct in office of the President, the Deputy President and other

State officers and initiates the process of removing them from office; and e. exercises oversight of State organs.

A woman representative

There are forty-seven counties. Each county elects a woman representative who also sits at the National Assembly.

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Senator

Article 93( 1) of the constitution establishes a Parliament of Kenya, consisting of the National Assembly and the Senate. Article 96 (1) provides for the role of the senate as follows:

• represents the counties, and serves to protect the interests of the counties and their governments.

• participates in the law-making function of Parliament by considering, debating and approving Bills concerning counties.

• determines the allocation of national revenue among counties, and exercises oversight over national revenue allocated to the county governments.

• participates in the oversight of State officers by considering and determining any resolution to remove the President or Deputy President from office.

In accordance with Article 98 (1) the membership of the Senate consists of;

Governor

a. forty·seven members each elected by the registered voters of the counties, each county constituting a single member constituency;

b. sixteen women members who shall be nominated by political parties according to their proportion of members of the Senate elected;

c. two members, being one man and one woman, representing the youth;

d. two members, being one man and one woman, representing persons with disabilities; and

e. the Speaker, who shall be an ex officio member.

Under the Devolved Government, county governments for each of the 47 counties consist of a county assembly and a county executive. The executive authority of the county is vested in, and exercised by, a county executive committee. The county executive committee consists of;

a. the Governor and the Deputy Governor; and b. members appointed by the county Governor, with the approval of the

assembly, from among persons who are not members of the assembly.

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Functions of the county executive committees are provided for under Article 183 of the constitution as;

a. implement county legislation; b. implement, within the county, national legislation to the extent that the

legislation so requires; c. manage and coordinate the functions of the county administration and its

departments; and d. perform any other functions conferred on it by this Constitution or national

legislation.

~ ) Ward representative

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A county assembly consists of Ward Representatives elected by the registered voters of the wards.

In order to facilitate the elections, Parliament enacted:

• The Elections Act 2011 • The Independent Electoral and Boundaries Commission Act 2011 • The Political Parties Act 2011

3.2 Acquisition of the Biometric Voter Registration Kits

In July 2013, the IEBC terminated the procurement process for the supply of 9,750 BVR kits. It next announced a return to manual voter registration because there was not enough time to begin a new tender process. After several delays Biometric Voter Registration (BVR) system for use in the general elections was acquired through a government to Government transaction bewteen Kenya and Canada following a cabinet directive. A contract was signed on September 24th 2013 between Canada and Kenya to supply 15,000 kits. Because the agreement was for more kits than the original 9,750, the cost increased. Shipping costs to send more kits to Kenya in a shorter period of time also contributed to the slightly higher cost of the agreement. The last batch of BVR kits was delivered to the IEBC on 2nd March 2013. The Kits manufactured by Safran Morpho in France were delevered in six weeks rather than the three months originally proposed.

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Reports from 1,364 registration centres showed that 87.8% of registration centres opened on the 1 st day of registration on 19th November 2012 while 12.2% did not due to various reasons.

Observations from 1,297 registration centres showed that the BVR kits worked throughout the day without malfunctioning in 93.5% of the monitored registration centres, while it malfunctioned in 6.5% of the centres.

3.3 Court Decision on the Election Date and Eligibility of certain candidates to participate in the Elections

On 13th January 2012, the High Court of Kenya exercising jurisdiction conferred by Article 165 (3) (d) of the Constitution permitting it hear any question in respect of the interpretation of the Constitution ruled in the Constitutional Petition No. 65 and 123 of 2011 that elections be held in March 2013, unless President Mwai Kibaki and Prime Minister Raila Odinga disband the coalition government by the end of October 2012. The Court observed that the dissolution of the coalition government established by the National Accord was a key determinant. The accord states that the coalition government stands dissolved when either of the coalition parties agree in writing or one coalition partner withdraws from the mediated arrangement. If the elections were to be held this year, it will have to be within 60 days after the coalition government has been disbanded. This is according to section 6 of the National Accord and Reconciliation Act. However, if they do not do so then the election date will be subject to the end of the term of the current Parliament which is January 14th 2013, and election shall be held within 60 days after their term end, i.e March 4th 2013.

3.4 Changes to the Electoral Laws

Parliament, on 6th December 2012 amended the Election Act to remove postsecondary school education eligibility for aspirants for Senate, Parliamentary and County Ward Assembly seat. Parliament also amended the Election Act to extend the date when aspirants can change political parties from 17th October 2012 to January 4th 2013 and later to 18th January 2013.

3.5 Party Nominations and Dispute Resolution

Major parties conducted their nomination dates a day before the January 18th 2013 deadline, following Parliament move to amend the Elections Act to extend the

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deadline by which political parties are expected to submit the membership list to the IESC to be the same day that the candidates will present their nomination papers to the IESC. The nominations were largely regarded as largely as shambolic. There were confusion, disorganisation and irregularities witnessed across the country. The parties did not put in place effective dispute resolution mechanisms leaving the IESC to settle the same rapidly. Some disputes ended up in the High Court.

3.6 Court Cases Against Aspirants

In the Petition No 552 of 2012, individuals and civil society groups of International Commission of Jurist(ICJ-Kenya), Kenya Human Rights Commission and International Center for Policy and Conflict (ICPC) challenged the eligibility of Mr Uhuru Kenyatta and William Ruto, presidential candidate and running mate respectively who are facing crimes against humanity at the International Criminal Court (ICC) stemming from the 2007/08 post-election violence that followed a disputed presidential election.

The High Court bench composed of Justices Hellen OmondL Mbogholi Msagha, Luka Kimaru, Pauline Nyamwea, and George Kimondo held that the Court has no jurisdiction to determine the matter and that on matters of elections to the office of the president, the Supreme Court has original and exclusive jurisdiction.

3.7 Electoral Offence

There were some reports of statements amounting to hate speech and incitement made by various aspirants, claims of bribery, voters card and identity cards buying in KilifL KituL Kakamega, Kisii, Nyamira, Mombasa and parts of Nairobi counties; violence and intimidation during the party nomination and party campaigns throughout the country; storming of the IEBC offices by some aspirants and inciting leaflets.

At least one person was injured in a blast targeting a voter registration centre at Ifo refugee camp near Kenya-Somalia border. Police confirmed the blast was caused by an Improvised Explosive Device (lED) planted in one of the IEBC voter registration centres at the refugee camp.

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3.8lSK leadership & integrity caravan and media participation

The Law Society of Kenya organized a roadshow dubbed Leadership and Integrity Caravan and engaged in media awareness from 27th February-1 st March 2013. The caravan went round Nairobi and its environ and the South Rift Regions. Several Council members and in conjunction with other members participated in TV and Radio talk shows including in the vernacular media.

3.9 Violence

On the night of Sunday 3rd March 2013, at least twelve people including six police officers were killed in miritini, mwishomoroni in Mombasa County after they were ambushed by suspected Mombasa Republican Movement secessionists. A police Officer and IEBC Assistant Polling Clerk died after a similar ambush by the same group in chumani-Kilifi while Likoni, Kaloleni and Chonyi in Mombasa County experienced various forms of disturbances. There was an explosion in Garissa at AntiShifta Administration Police Camp while two people including an employee of the Kenya Red Cross were killed in a shooting incident in the same town. In BulampyaMandera two grenade attacks were reported with no casualities.

4. ElECTION CAMPAIGN PERIOD: 1ST FEBRUARY· 2ND MARCH 2013

The official campaign period started on 1 st February 2013 although all the parties had started their activities march earlier. According to the Elections Act, the campaign period for the March 4th 2013 General Elections cease forty-eight (48) hours before the start of polling i.e 2nd March 2013. This deadline was largely respected by candidates and political parties.

In Ruringu, Nyeri town a person was arrested for distributing campaign leaflets on Sunday 3rd March 2013 well after the campaign period had closed at 6 p.m on Saturday 2nd March 2013.

The period for the official campaign was largely peaceful except for isolated cases where the supporters of the opposing sides attempted to disrupt the others meetings including heckling at the campaign venues.

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5. ELECTION DAY: 4TH MARCH 2013

5.1 Opening of polling stations

Of the total 33,000 polling stations including at the Kenya Missions in Uganda (Kampala), Tanzania (Dar-es-Salaam and Arusha), Rwanda (Kigali) and Burundi (Bujumbura), 92% of them opened at the designated time of 6.00 am, 98% had requisite necessary polling materials and equipment necessary for the conducting of the poll. These include ballot papers and boxes, indelible ink pens, electronic voter verification machines and voters' registers. The following incidents were reported:

• Sixteen kiosks were burnt down in Eastleigh and a vehicle belonging to Hon Justus Kizito-outgoing Member of Parliament of Shinaylu Constituency. The Inspector General of Police and the IEBC Officials gave timeous briefings on the insecurity incidences and assured the electorate of adequate security to enable them cast their votes.

• Delays in the opening of polling stations was experienced in several areas due to varied reasons including at Nairobi Primary School, Ahmedniban Secondary School (Wajir) , Afraha Stadium(Nakuru), Mariakani, Railway Station, Laisamis, Samburu North, Sadik (Wajir South), Kitui East where ballots destroyed on transit, Kitale Girls polling Centre ballot papers for women representative was not enough, Kitutu Chache ballot papers were issued without IEBC stamp and Nyali Elm Fellowship Church(Mombasa) was opened at 9.00 am following the late delivery of voting materials. Generally voting begun late in most Mombasa Polling Centers in Mombasa County due to security concerns.

• Missing names were reported in Embakasi West, Embakasi North, Mandera North, Nambale, Kinangop, Likoni, Don Bosco polling station in Kiserian(Kajiado West Constituency).

5.2 Actual voting

• There was mix up of picture/ names of candidates in the ballot papers for Assembly County Wards in Goke Haraka in Kuria East, Bunyala North, Samburu North and Gwasi North leading to the postponement of election exercise for Assembly Wards to 1 jlh March 2013.

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• A number of the voters experienced hitches and difficulties in identifying their respective voting streams/rooms within the polling stations following the decision by IEBC to arrange the voting rooms in accordance with the surnames of voters. In some instances the voting streams were either inadequate to accommodate the long queues and/or the staff of IEBC misdirected the public to the voting streams.

• There was widespread malfunction of Electronic Voter Identification machines in several polling stations including Highrise, Kileleshawa Primary School, Kenya High School, Madaraka Primary School (Nairobi), Maweni(Mombasa), Lamu, Tharaka Nithi, Homa Bay, Semeta and Bukarati polling centres in Majoge-Bassi and South Mugirango Constituencies, Kisii County necessitating the IEBC officials to use manual registers that caused delays. At Nairobi Primary School, voters insisted on using the Electronic Poll Book machines because they did not trust the manual registers.

• At the Water Kiosk polling station in Isiolo, the presiding officer moved the ballot boxes from the open ground to a private house which brought acrimonious protestation from the public. At a polling Station in Mathare (Nairobi) , there was disorder and stampede on the voting queues.

• A polling clerk in Kitui Central constituency was arrested for issuing more than the requisite ballot papers.

• Five persons were arrested for vote buying in Kangeta Polling Station in Igembe Central constituency.

• Two people collapsed and died at St Mathews polling Center, Hardy KarenNairobi and at kanganda primary school in Kiharu constituency respectively.

5.3 Closing of Polling station, Vote counting and tallying

94% of the polling stations closed on schedule at 5.00 pm save for where there were voters still in the queue or where there were late starts to the voting exercise due to the hitch with the electronic Poll Book or late arrival of voting materials. In Kilifi South and Kilifi North, some polling stations closed as early as 2 pm due to insecurity fears following an earlier attack in which twelve people died.

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The polling results were transmitted simultaneously to the constituency, county and National Tallying Centers through the Electronic Results Transmission (ERT) System even as voting was still continuing in the polling stations that either opened late or had long queues or experienced delays for various reasons. The IEBC experienced ERT system failure leading to momentary delays in transmission of results to the National Tallying Centre at Bomas of Kenya.

There were no incidences of violence reported from any of the polling stations during the opening, voting and close of the polling stations throughout the country except for Garissa where there was gunfire at two of the polling station during the tallying of votes. A policeman allegedly accidentally shot dead an IEBC presiding officer Mr Waithanji Mwaniki of Ichichi Polling Station while transporting election results in Kangema.

At the time of writing this statement, it was estimated that the voter turnout was over 70%, the tallying of votes was still in progress and about 315,220, votes was reported spoilt out of 5,318,094 votes cast. There was no consistency in various polling stations on what constituted a spoilt vote.

6. CONCLUSION

The voting process experienced massive failure of the Electronic Voter Identification machines leading to the use of printed Poll Books and the Electronic Results Transmission (ERT) System experienced momentary failure leading to delays in tallying of votes.

IEBC is required by law to release the final vote tally within seven days after the close of Polls and patience is required to enable the IEBC exercise their constitutional mandate. This report is preliminary in nature and it is too early to make any determinations or conclusions on the electoral process.

ERIC MUTUA CHAIRMAN

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Replying Affidavit of Ahmed Issack Hassan(Vol 1)-t

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Transcript of Replying Affidavit of Ahmed Issack Hassan(Vol 1)-t