C/0 Kenya Human Rights Commission Gitanga Road, opposite Valley Arcade

P.O. Box 41079 - 00100 Nairobi, GPO Kenya

Tel: +254 - 020 - 2044545/2106763 O�ce Cell: 0733 629034, 0722 264497

Email: Press@khrc.or.ke Website: www.khrc.or.ke

Co-Conveners

Tushau

riane

...

Constitution & Reforms Education Consortium

(CRE-CO)

The Africa Center for Open Governance

(AfriCOG)

The Independent Medico-Legal Unit

(IMLU)

17th August 2017

On Election Day, Kura Yangu Sauti Yangu, a coalition of civil society organisations in Kenya, deployed over 500 monitors in all the 290 constituencies to monitor and observe the election. KYSY has also received observations from the public in pictorial, video and written form.

Our preliminary findings on the General Election take note of the declaration of the presidential election results on August 11, 2017 revealed important contradictions and massive anomalies in all the numbers released by the Independent Electoral and Boundaries Commission on the official record, on its website and through the chairman’s formal announcement. In short, the numbers do not add up.

1. After examining the number of valid votes in the presidential election, we found that a total voter turnout of 15,073,662 was announced, against 15,518,971 streamed on television screens at the time. The IEBC’s portal currently shows the number of votes cast as 15,591,217. There is a standing gap of 517,555 votes.

2. The total number of registered voters certified after the KPMG audit was 19,611,423 -- down from 19,646,673 after cleaning up. The total number of ballots in the ballot packing list was 19,613,846. The IEBC chairman declared the total number of registered voters as 19,637,061, a difference of over 25,638 of the total register. The number of registered voters in 45 counties varied from what was announced on August 11. It bears repeating that register already carries more than one million dead voters, hundreds of thousands of shared identity cards and illegitimate entries as well as errors. Declaration of presidential election results was 25,658 votes above the 19,611,423 in the register. There is a significant shift in the total number of registered voters. Registered voter numbers vary from certified figure in 45 counties.

3. The number of rejected votes on the IEBC portal stands at 403,489 against only 78,547 on 1,400 Form 34As we have analysed so far. Although the commission did not announce the number of rejected votes, the screen streaming results showed 401,903 rejected votes, even though a sum of the county totals was 400,796 while summing up constituency rejected votes on the portal yields 401,943.

4. Rejected votes in 288 constituencies do not match details in Form 34b; and there are no grand totals for rejected votes in 25 constituencies.

5. There are glaring differences between results announced in the presidential election at county level and the totals from constituencies in those counties. For example, in Kisumu, valid votes total up to 378,903 against 439,423 from the constituencies in the county, showing a deduction for 60,520 votes. Similarly, the valid votes in Kericho were announced as 294,215 against 303,470 votes on the portal, repressing a loss of 9,255 votes.

KYSY PRELIMINARY FINDINGS ON AUGUST 8TH GENERAL ELECTION AND RESULTS DECLARATION

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Co-Conveners

Tushau

riane

...

Constitution & Reforms Education Consortium

(CRE-CO)

The Africa Center for Open Governance

(AfriCOG)

The Independent Medico-Legal Unit

(IMLU)

1. Votes cast for different offices vary on portal between different positions where Kithare Primary School in Meru shows 448 votes cast for the presidency and only 354 for MCA, even though every voter received six ballots.

2. Voter turnout exceeded the number of registered voters in four prison polling stations in the range of 129% to 182%.

These differences are not only huge, but also point to serious problems with the election outcome as announced. At face value, they suggest a full audit of the results the IEBC has released and their reconciliation with the authentic documents from the polling station. The amount of missing data, a full week after the election, calls into question whether the declaration of results could be made legitimately.

IEBC’s opaque and unaccountable management of election results has already produced deadly consequences. In the aftermath of the announcement of the election results, violence in various parts of the country resulted in deaths of which Kura Yangu attributes 13 to police violence.

Furthermore, Kura Yangu Sauti Yangu has received reports of the violent police dispersal of peaceful protests and gatherings through the use of excessive force in areas including Kondele, Mathare and Kibra (Olympic, Gatikwira and Bombululu). Live bullets, brutal beatings and teargas have been the police weapons of choice. Three incidents of rape have been reported in Mathare after police broke into people’s houses and forced the men out. We have also received reports of damage to property. The overall picture is one of grievous violations of the right to life, freedom of assembly and security of the person and property.

Unlike what we have witnessed, the use of force and in particular lethal force should not be the default position for police in crowd control and management. In any case, the objective for use of force should be to subdue with the objective of affecting an arrest and not to perform execution-style killings. The use and deployment of all weapons, lethal and non-lethal should be accounted for after every security operation to enhance individual and command responsibility.

Examples of Inconsistencies on Presidential Results.

County Valid Votes from Constituencies in the Portal

Valid votes announced at Bomas based on Form 34C

Lost/ Added Votes

Kisumu 439,423 378,903 60,520

Kericho 303,470 294,215 9,255

Examples of Inconsistencies in Voter Turnout

Date IEBC announcement on voter turnout

TV screen on voter turn out IEBC Portal

11 August 2017 15,073, 662 15,518,971

15 August 2017 15,591,217

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Co-Conveners

Tushau

riane

...

Constitution & Reforms Education Consortium

(CRE-CO)

The Africa Center for Open Governance

(AfriCOG)

The Independent Medico-Legal Unit

(IMLU)

Examples where Voter Turnout was in Excess of Registered Voters

Name of Prison No. of registered voters

Valid votes Cast in the portal

Rejected Votes

Total Votes Cast

Percentage turnout

Garissa main Prison 25 18 25 43 172

Kitale medium Prison 7 2 7 9 129

Manyani Prison 157 130 157 287 182

Moyale Prison 6 4 6 10 167

Sample of Discrepancies in the Form 34 A and Constituency Results Form 34 B

Name of Polling Station & County Form 34 A Form 34 B

Stream 2 -Emkwen Youth Polytechnic - Bomet Total rejected votes 12/212 (unclear)

Total rejected votes 2

Stream 2 - Kambi Garba Polling Station - Isiolo Total rejected votes 10 Total rejected votes 8

Stream 2 - St. Kizito Polling Station – Isiolo North

2 0

Stream 1 -Ramadhan Primary School Polling Station – Isiolo North

0 Votes for Uhuru

150 votes for Wainaina

1 rejected vote

150 votes for Uhuru

0 votes for Wainaina

0 rejected votes

Example of Inconsistencies on the Total Number of Rejected votes

TV Screen streaming results County Level Results in the portal

Constituency Level Results in the Portal

401,093 400,796 401,943

Register of Voters – Shifting totals after the Register of Voters was certified

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Ends