Letter that brought
Kethi Kilonzo down
Chairman
IEBC Tribunal
Independent Electoral & Boundaries Commission
6th Floor, Anniversary Towers
NAIROBI
Date: 2nd July, 2013 Direct Tel Number In replies please quote Your reference T.B.A
our reference Jubilee/IEBC02/07/13
Dear Sirs,
RE: COMPLAINT MAKUENI COUNTY BY-ELECTION
The above matter refers.
Further to the our letter of 24th June 2013 from our constituent party on the above, The Jubilee Coalition wishes to formally communicate to the Independent Electoral and Boundaries Commission (IEBC) its extreme concern over recent developments in this matter.
In our letter of 24th June 2013, we brought to the attention of the IEBC the fact that Ms. Diana Kethi Kilonzo is not a registered voter. Consequently, we called on the IEBC not to clear Ms. Kilonzo to vie in the Makueni County Senatorial by-election; as she did not meet one of the constitutional and statutory requirements.
We have subsequently received information that Ms. Kilonzo is purportedly registered as a voter, albeit using her Kenyan Passport. The information that we have received sets out Ms. Kilonzo’s alleged registration details as being:
Name: Kethi D. Kilonzo
Identification Document: Kenyan Passport A389802 (subsequently renewed)
Electors Number: 0007331112141125-6
Acknowledgement Slip Number: 0002058624
County: No. 47 - Nairobi
Constituency: No. 277- Langata
Registration Centre: Karen
Polling Station: No. 002 – NCC Social Hall
If the above alleged registration details are those which Ms. Kilonzo has presented to the IEBC and which she seeks to rely on; we wish to point out some glaring irregularities.
Firstly, there was no registration centre called ‘Karen’. The CAW No. 1381 was for Karen Ward as a whole. Registration information was not provided at a Ward Level, but rather with reference to the specific registration centre within that Ward. Karen had twelve (registration centres) none of which was called Karen.
Secondly, the above details which we are reliably informed have been relied on by Ms. Kilonzo, are in the Biometric Voter Registration (BVR) format. The purported registration is said to have been done in 2011, however BVR registration commenced in 2012. This is a matter of public record and all Kenyans remember tiresome saga regarding BVR procurement as well as the Public Notices issued by the IEBC announcing the commencement of electronic voter registration process.
Thirdly, how did Kethi end up with an acknowledgment slip from the same booklet with H.E former President Kibaki whereas this booklet was exclusively reserved for the President who is a voter at Monaine Primary School in Othaya Constituency, Nyeri County.
Fourthly, the Voters Register was provided to Jubilee and other Political Parties on 20th February this year. Numerous private citizens also asked for the same or downloaded the PDF document availed electronically by the IEBC. Our meticulous search of the same; being the copy we received from your office as well as the copies in the public domain did not yield any result for any person bearing Ms. Kilonzo’s name.
This is a grave matter which goes to the core of the credibility of Kenya’s Electoral Processes. We wish to formally request that the IEBC IMMEDIATELY avail to us and to the public, scan copies of the by-election candidature documents presented by Ms. Diana Kethi Kilonzo.
We also wish to formally request that the IEBC IMMEDIATELY provide JUBILEE and the Kenyan Public with a breakdown of the purported registration information of Ms. Diana Kethi Kilonzo; stating the Registration Name, Identification Document used, Electors Number issued, Acknowledgement Number issued, Registration Date, Registration Centre and the name of the IEBC official who person who registered the same.
We are all too aware that there are those in the IEBC who have contrived to assist Ms. Diana Kethi Kilonzo in acquiring ‘voter registration’ and who have rode roughshod over the Law so that an ineligible Candidate has received clearance to vie in Makueni County. The IEBC has one last chance to uphold the Law and reject the machinations of criminal elements that have conspired to make a mockery of the Electoral Process.
Kindly take note that if the Registration Information presented by Ms. Kilonzo turns out to be false; then she and all those who have assisted her will have committed felonies that are punishable by lengthy jail terms. JUBILEE wishes to state unequivocally that we shall pursue this matter in both the Civil and Criminal Courts; should the IEBC capitulate to the undemocratic forces hell-bent of propping up an unqualified candidate.
JUBILEE has received the above information from a variety of independent sources not connected to each other. A number of concerned Kenyans privy to intimate details of the dastardly plot to prop up Ms. Diana Kethi Kilonzo have given us a full picture of the brazen forgery, lies, intimidation and breaches of Public Oaths that have taken place. We are fully confident in the veracity of that information and in every statement we have made regarding this matter.
The candidature of Ms. Diana Kethi Kilonzo is not merely illegal given that she is not a registered voter; it has now acquired a decidedly criminal aspect to it. Powerful politicians with a vested interest in introducing into the Senate a ‘puppet’ beholden to them have spared no effort or expense in compromising the integrity the Electoral Process. We had hoped that given the fact that Ms. Kilonzo is an eminent lawyer of long-standing, who swore a solemn oath to uphold and defend the Constitution and the Rule of Law, would decline to participate in this perversion of the Law. Unfortunately, it seems that even the short period of time she has spent in the company of nefarious politicians has been enough for her to acquire the worst attributes of the most vile members of Kenya’s political class.
We hope that the IEBC will have the courage to do the right thing and uphold the Constitution and the Elections Act and bar Ms. Kilonzo from contesting. We hope that the IEBC will have the fortitude to weed-out the unethical elements within it; that have become a cancer threatening the life of the Commission from within.
If the IEBC does nothing then other institutions will be called on to act. The abdication of the IEBC would however have grave consequences on not just its institutional reputation but also lend credence to calls for a re-constitution of the Commission.
Yours Faithfully,
Fred Muteti Jasper Mbiuki Fidelis Nguli
Secretary General Secretary, Legal Affairs Secretary General
United Republican Party [URP] The National Alliance [TNA] [NARC]
cc.
Chairman
Independent Electoral & Boundaries Commission
6th Floor, Anniversary Towers
NAIROBI
Kethi Kilonzo down
 |
| Kethi Kilonzo in her element before the fall |
IEBC Tribunal
Independent Electoral & Boundaries Commission
6th Floor, Anniversary Towers
NAIROBI
Date: 2nd July, 2013 Direct Tel Number In replies please quote Your reference T.B.A
our reference Jubilee/IEBC02/07/13
Dear Sirs,
RE: COMPLAINT MAKUENI COUNTY BY-ELECTION
The above matter refers.
Further to the our letter of 24th June 2013 from our constituent party on the above, The Jubilee Coalition wishes to formally communicate to the Independent Electoral and Boundaries Commission (IEBC) its extreme concern over recent developments in this matter.
In our letter of 24th June 2013, we brought to the attention of the IEBC the fact that Ms. Diana Kethi Kilonzo is not a registered voter. Consequently, we called on the IEBC not to clear Ms. Kilonzo to vie in the Makueni County Senatorial by-election; as she did not meet one of the constitutional and statutory requirements.
We have subsequently received information that Ms. Kilonzo is purportedly registered as a voter, albeit using her Kenyan Passport. The information that we have received sets out Ms. Kilonzo’s alleged registration details as being:
Name: Kethi D. Kilonzo
Identification Document: Kenyan Passport A389802 (subsequently renewed)
Electors Number: 0007331112141125-6
Acknowledgement Slip Number: 0002058624
County: No. 47 - Nairobi
Constituency: No. 277- Langata
Registration Centre: Karen
Polling Station: No. 002 – NCC Social Hall
If the above alleged registration details are those which Ms. Kilonzo has presented to the IEBC and which she seeks to rely on; we wish to point out some glaring irregularities.
Firstly, there was no registration centre called ‘Karen’. The CAW No. 1381 was for Karen Ward as a whole. Registration information was not provided at a Ward Level, but rather with reference to the specific registration centre within that Ward. Karen had twelve (registration centres) none of which was called Karen.
Secondly, the above details which we are reliably informed have been relied on by Ms. Kilonzo, are in the Biometric Voter Registration (BVR) format. The purported registration is said to have been done in 2011, however BVR registration commenced in 2012. This is a matter of public record and all Kenyans remember tiresome saga regarding BVR procurement as well as the Public Notices issued by the IEBC announcing the commencement of electronic voter registration process.
Thirdly, how did Kethi end up with an acknowledgment slip from the same booklet with H.E former President Kibaki whereas this booklet was exclusively reserved for the President who is a voter at Monaine Primary School in Othaya Constituency, Nyeri County.
Fourthly, the Voters Register was provided to Jubilee and other Political Parties on 20th February this year. Numerous private citizens also asked for the same or downloaded the PDF document availed electronically by the IEBC. Our meticulous search of the same; being the copy we received from your office as well as the copies in the public domain did not yield any result for any person bearing Ms. Kilonzo’s name.
This is a grave matter which goes to the core of the credibility of Kenya’s Electoral Processes. We wish to formally request that the IEBC IMMEDIATELY avail to us and to the public, scan copies of the by-election candidature documents presented by Ms. Diana Kethi Kilonzo.
We also wish to formally request that the IEBC IMMEDIATELY provide JUBILEE and the Kenyan Public with a breakdown of the purported registration information of Ms. Diana Kethi Kilonzo; stating the Registration Name, Identification Document used, Electors Number issued, Acknowledgement Number issued, Registration Date, Registration Centre and the name of the IEBC official who person who registered the same.
We are all too aware that there are those in the IEBC who have contrived to assist Ms. Diana Kethi Kilonzo in acquiring ‘voter registration’ and who have rode roughshod over the Law so that an ineligible Candidate has received clearance to vie in Makueni County. The IEBC has one last chance to uphold the Law and reject the machinations of criminal elements that have conspired to make a mockery of the Electoral Process.
Kindly take note that if the Registration Information presented by Ms. Kilonzo turns out to be false; then she and all those who have assisted her will have committed felonies that are punishable by lengthy jail terms. JUBILEE wishes to state unequivocally that we shall pursue this matter in both the Civil and Criminal Courts; should the IEBC capitulate to the undemocratic forces hell-bent of propping up an unqualified candidate.
JUBILEE has received the above information from a variety of independent sources not connected to each other. A number of concerned Kenyans privy to intimate details of the dastardly plot to prop up Ms. Diana Kethi Kilonzo have given us a full picture of the brazen forgery, lies, intimidation and breaches of Public Oaths that have taken place. We are fully confident in the veracity of that information and in every statement we have made regarding this matter.
The candidature of Ms. Diana Kethi Kilonzo is not merely illegal given that she is not a registered voter; it has now acquired a decidedly criminal aspect to it. Powerful politicians with a vested interest in introducing into the Senate a ‘puppet’ beholden to them have spared no effort or expense in compromising the integrity the Electoral Process. We had hoped that given the fact that Ms. Kilonzo is an eminent lawyer of long-standing, who swore a solemn oath to uphold and defend the Constitution and the Rule of Law, would decline to participate in this perversion of the Law. Unfortunately, it seems that even the short period of time she has spent in the company of nefarious politicians has been enough for her to acquire the worst attributes of the most vile members of Kenya’s political class.
We hope that the IEBC will have the courage to do the right thing and uphold the Constitution and the Elections Act and bar Ms. Kilonzo from contesting. We hope that the IEBC will have the fortitude to weed-out the unethical elements within it; that have become a cancer threatening the life of the Commission from within.
If the IEBC does nothing then other institutions will be called on to act. The abdication of the IEBC would however have grave consequences on not just its institutional reputation but also lend credence to calls for a re-constitution of the Commission.
Yours Faithfully,
Fred Muteti Jasper Mbiuki Fidelis Nguli
Secretary General Secretary, Legal Affairs Secretary General
United Republican Party [URP] The National Alliance [TNA] [NARC]
cc.
Chairman
Independent Electoral & Boundaries Commission
6th Floor, Anniversary Towers
NAIROBI
