By SM Omwenga-USA
IEBC Flagrant Refusal to Allow NASA Access Not Only in Contempt of Court, It’s Proof They’re Guilty of Wrongdoing; Massive Wrongdoing The Only Remedy Is for the Court To Grant NASA’s Petition.
If one has any doubts, here’s proof IEBC is up-to its head in a sea of deliberate, unlawful and contemptuous conduct for which a case can be made their wrongdoing beyond borderline criminality to full-fledged criminality at the behest of the government or, more appropriately, at the behest and direction from State House and Jubilee bunkers where these schemes are hatched.
Taken directly from
ICT REPORT PURSUANT TO THE ORDERS OF THE SUPREME COURT OF KENYA DATED 28TH DAY OF AUGUST 2017 IN PRESIDENTIAL PETITION NO. 1 OF 2017
Just so it’s clear, this is a report done by Court appointed ICT experts to determine the extent to which it’s true that the systems IEBC used were illegally accessed and manipulated to produce what Raila has aptly termed election results determined by Vifaranga vya computer.
I have summarized the report for clarity as to what it says, again, these are Court appointed experts saying this, not me or NASA; I have just rephrased for clarity:
1. Reasons given by IEBC in refusing to provide configuration of internal firewall are bogus (the experts don’t use the word “bogus” but, trust me that’s what they would have used were they not representing the Court, so choice of words used reflects that fact but there’s no doubt bogus is the right adjective instead of the diplomatic language they use). This refusal, therefore, was a flagrant violation of a Court order.
2. IEBC in violation of a Court order refused to provide Certified copies of Penetration Tests; the documents IEBC provided do not conform to law (read: they’re fake). The experts did not use the word, the less descriptive words they used were “IEBC did not provide” the requested Certified copies but refuse, is what IEBC did and fake, is what the documents they provided are.
3. IEBC in violation of a Court order could not provide Certified copies of Certificates for technology systems used; what was provided does not comply with law. In other words, the documents are fake!
4. IEBC in violation of a Court order refused to provide specific GPRS location for each KIEMS Kit used during elections through 11 August(experts did not use “refused” but used the info was “not provided”); rather, what IEBC provided was GPS for polling stations!
5. IEBC in violation of a Court order refused to provide information to determine how many KIEMS Kits were procured but not used and/or deployed (experts did not use “refused” but merely states IEBC “to provide the correct document [containing GPRS data])” but take it to the bank they won’t provide the documents therefore they have refused to do this in violation of the Court order!
6. IEBC in violation of the Court order refused to provide access to Court ordered experts to determine log-in trails for users and equipment that logged into the IEBC servers. Each one of the refusals above are significant standing alone but, this one is the mother of all refusals in that it’s the kind of information which would have burst the case wide open in showing exactly who were the thieves and chefs who had unauthorized access to the system to cook numbers, how and when. Knowing this fact, IEBC refused to provide access and here’s how they did it in the experts’ own description:
“[IEBC] was to demonstrate that the logs came from the IEBC servers by allowing all parties to have “Read Only” access and to copy the logs: alternatively, [IEBC] could access the information in the presence of the petitioners and provide copies as and when requested. Live access was provided on 29th August, 2017 at about 3:15pm without the ability to access the logs or even view them. Therefore, the request was not granted.”
Keep in mind two crucial facts relevant to how the Court will treat this: (1) the Court order was issued on 28th August about 10AM and (2) the Expert Report was due in Court on 29th August at 5PM. IEBC was clearly stalling and, when they finally provided live access just under two hours before the report was due, they still refused to allow the experts access to the crucial logs!
7. IEBC in violation of a Court order refused Court ordered experts access to the KIEMS Database Management Systems contrary to the Court order
8. IEBC in violation of a Court order refused to provide administrative logs for the KIEMS Database Management Systems to Court ordered experts in violation of the Court order.
This is how the Court experts conclude in their report:
“[IEBC] agreed to provide Read Only live access to the servers at about 11AM today (29th August 2017). Partial read only access was provided at about 3:15pm but with no copy capability, access to system/database logs was [sic] not provided].
…[list of the various bogus reasons IEBC gave for providing only partial access; bogus reasons which should be laughed right out of Court even by the most hostile justices in the case as far as Raila is concerned].
The experts continue in their conclusion,
“Partial access became available after the meeting had been called to close at 5:30pm, notably, [IEBC] had indicated that if granted more time they would have been in a position to provide more comprehensive access.”
That’s obviously a lie (IEBC pleading for more time); they had and have no intention of fully complying with the order even if they were given days, weeks, months, not even years.
What’s obvious is IEBC thuggishly refused to do something they were ORDERED by the Court, let alone something the Petitioner had a right to access under the law and without the Court order as IEBC is a public, not private institution which the Constitution and laws makes abundantly clear it must operate with the utmost openness and transparency but we know IEBC and their handlers at State House and Jubilee bunkers take the wisdom and mandates of our constitution and laws to mean the only one thing they know: opaqueness and operating in darkness to steal presidential elections!
This thuggish behavior by IEBC and their handlers at State House and Jubilee bunkers is why I concluded in my earlier analysis that the Supreme Court now has a chance to make a statement enough of this disrespect of the Court, thuggery and in-your-face stealing of elections otherwise we’ll not have a country most of us love and call Kenya.
We are, indeed, at a cross-road and the bravery, judiciousness, and foresight of at least a majority of justices in our Supreme Court will decide which direction the country goes.
We pray for God to give them the courage and wisdom to do the right thing