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C/0 Kenya Human Rights Commission

Gitanga Road, opposite Valley Arcade


P.O. Box 41079 - 00100
Nairobi, GPO Kenya
Tel: +254 - 020 - 2044545/2106763
Office Cell: 0733 629034, 0722 264497
Email: Press@khrc.or.ke
Website: www.khrc.or.ke
17th August 2017

KYSY PRELIMINARY FINDINGS ON AUGUST 8TH GENERAL ELECTION AND RESULTS DECLARATION
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
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record, on its website and through the chairmans 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 IEBCs 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.
Co-Conveners Page 1 of 3

The Independent The Africa Center Constitution & Reforms


Medico-Legal Unit for Open Governance Education Consortium
(IMLU) (AfriCOG) (CRE-CO)
6. 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.
7. 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.

IEBCs opaque and unaccountable management of election results has already produced deadly
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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 peoples
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 Valid votes announced at Lost/ Added Votes
Constituencies in the Portal Bomas based on Form 34C

Kisumu 439,423 378,903 60,520

Kericho 303,470 294,215 9,255

Examples of Inconsistencies in Voter Turnout

Date IEBC announcement on TV screen on voter turn out IEBC Portal


voter turnout

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

15 August 2017 15,591,217

Co-Conveners Page 2 of 3

The Independent The Africa Center Constitution & Reforms


Medico-Legal Unit for Open Governance Education Consortium
(IMLU) (AfriCOG) (CRE-CO)
Examples of Inconsistencies on Presidential Results.
County Valid Votes from Valid votes announced at Lost/ Added Votes
Constituencies in the Portal Bomas based on Form 34C
Kisumu 439,423 378,903 60,520
Kericho 303,470 294,215 9,255

Examples of Inconsistencies in Voter Turnout

Date IEBC announcement on TV screen on voter turn out IEBC Portal


voter turnout
11 August 2017 15,073, 662 15,518,971
15 August 2017 15,591,217

Examples where Voter Turnout was in Excess of Registered Voters

Name of Prison No. of Valid votes Cast Rejected Total Votes Percentage
registered in the portal Votes Cast turnout
voters
Garissa main Prison 25 18 25 43 172
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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 Total rejected votes 2
(unclear)
Stream 2 - Kambi Garba Polling Station - Isiolo Total rejected votes 10 Total rejected votes 8

Stream 2 - St. Kizito Polling Station Isiolo 2 0


North
Stream 1 -Ramadhan Primary School Polling 0 Votes for Uhuru 150 votes for Uhuru
Station Isiolo North
150 votes for Wainaina 0 votes for Wainaina

1 rejected vote 0 rejected votes

Example of Inconsistencies on the Total Number of Rejected votes

TV Screen streaming results County Level Results in the Constituency Level Results in
portal the Portal
401,093 400,796 401,943

Register of Voters Shifting totals after the Register of Voters was Certified

Register of Voters Totals Increase/decrease


Pre-Audit 19,646,673
Certified Total 19,611,423 -35,259
Ballot Packing list 19,613,846 2,423
Total used in declaration 23,215
of results by IEBC Chair 19,637,061
Ends
Page 3 of 3
Co-Conveners

The Independent The Africa Center Constitution & Reforms


Medico-Legal Unit for Open Governance Education Consortium
(IMLU) (AfriCOG) (CRE-CO)