KENYA:  DIRECTOR OF CRIMINAL INVESTIGATIONS FORENSIC ANALYSIS ON ELECTRONIC DEVICES RECOVERED FROM FOREIGN NATIONALS PIN CHEBUKATI, RUTO FRAUDELNT WIN

 

Raila Amolo Odinga and Martha Wangari Karua accused foreign nationals for

rigging Kenya election on behalf of William Ruto elect president

Evidence obtained from the forensic communication analysis of electronic device

that were in the procession of the three foreigners on the eve of the General

Election, contained in the a fore said report dated 5, August 2022 revealed serious

and alarming facts among other impugned electoral process system conduct of

the elections and the variance in the voter turnout.

NAIROBI-KENYA: Joseph Kolium HSC for Director Anti-Terrorism Police Unit

recommendation to Kenya Supreme Court that the exhibits were found with

substantial IEBC data election system. Thus, there is need for an urgent forensic

audit of the system to check for exploitable vulnerabilities

Raila Amolo Odinga presidential candidate in the just ended election and his vice

president Martha Karua asked Kenya Supreme High Court to declare them winner

in August 9, 2022 presidential election based the result declared by the second

respondent in the presidential election was not arrived at accordance with the

constitutionals of inter alia Article 138(3)(c) as read together with Articles 138

(10) (a), 81(e)(iii), (iv) and Article 10(1) and (2)(a) & (c). Of the constitution, and

are therefore unconstitutional, invalid and void.

The 16 document report by Kenya National Police Services indicated that 49

foreigners aided IEBC Wafula Chebukati rigging, this follow the forensic analysis on

electronic devices recovered from the three Venezuelans arrested at JKIA on 21,7

2022 while in possession of electronic materials were successfully done on 25,

July 2022.

A review of the exhibits was done and the numbers of fact were an earthed, Anti-

terrorism report says

 

Raila Odinga also in his petition pined foreigners the exhibit was seized from

Salvador Javier Suarez, forensic analysis shows that phone had contacts calls logs

of IEBC employees, services providers technical teams from Safaricom, Telkom

Kenya, Airtel Kenya and Thuraya, also the phone had a WhatsApp groups chats

where critical and sensitive information about IEBC election is shared.

“Evidence tendered in court among others, the exhibit was seized from Jose

Gregorio Camargo Castellano’s the laptop is set to operate on a Linux operating

system known as Obuntu. The user of the laptop as captured on username

prompt is Jose Gregorio Camarago Castellao’s. Forensic analysis indicates the user

access the laptop as follows:

Uses command line most of the time, the laptop uses remote desktop software

SSH (used command line) any desk and Team Viewer, history analysis of the

laptop indicates the user is able to direct login remotely using remote desktop

tools into IEBC local IP address. Laptop history on remote access to IEBC IP

address shows the user began access in March 2022.

It was also found the laptop had; IEBC database schematic diagram, IEBC network

diagram, IEBC KIEMS kit, IEBC KIEMS kit passwords. Local IP address

configurations, virtual private network (VPN) settings, Smartmatic mobile device

management (MDM.)”

Raila Odinga's petition further reveals that the exhibit was seized from Jose

Grecorio Camarigo Castellanos on 21 July 2022 at Jomo Keyatta International

Airline arrivals. The ITB hard disc was subjected to forensic examination and from

analysis the following facts were established:

Jose Grecorio Camarigo Castellanios document, MDM, PowerBI, Schedul, Travel,

VPN, IDMS, Meetings, production, samrdasboards, vertical WPMS, AWS,

Kenyakiems 2021, performance, purposeta, smartelly, BVIUclint and note as

Kenya22.

Among other things discovered are forensic analyses of the hard disk, the likes of

such. The ITB hard disc was found with file folders as highlighted above, which

had IEBC election system information as follow; IEBC system network details, IEBC

 

system network details, IEBC database development Credentials, IEBC KIEMS

project schedule, travel details of Jose Gregorio, IEBC VPN access credentials,

setting for remote access to IEBC server, Results transmission system, IEBC desk

board users IEBC system users access rights, IEBC integrated data management

system update development.

Therefore, Raila Odinga petitioned the court that the arrest of the said foreign

nationals travelling with sensitive IEBC election related materials and information

under evidence questionable circumstance shows incredible, inexcusable and

unacceptable integrity and security of the election process and system.

He argued that combined with the capability of the foreigners and anyone in

possession of the contents and information in the electronic devices to remotely

access and manipulate the entire IEBC data and the manifest discrepancies and

irregularities manifest during the general election and the tallying verification of

count and declaration of the presidential election result; it is the inevitable and

inescapable influence and conclusion that not only was the presidential election

not secure, it is not verifiable, accountable, neutral or transparent.

His petition further contends that the deliberate interference with the integrity,

credibility and security of the presidential election was intended to alter and did

in fact, alter the outcome of the results of the presidential election.

“The president shall seek an order of the court directing the National Police

Services and in particular the Director of Criminal Investigations to produce

statements, photographs, reports, equipment, and laptops. Phones and other

gadgets and devices and any other materials connected or related to the conduct

of the elections and found in possession of the Venezuelan nationals.

More authentic materials produced before the Supreme Court indicates the fact

and evidence shows that the fraudulent interference with the electronic copies of

the result declared in forms 34A were fraudulently altered after the transmission

of the Forms 34A from the polling station.

The fact and evidence show that the interference with the forms 34A transmitted

to National Tallying Center was deliberate and done with criminal intent to alter

 

and reduce the votes cast for petitioner; and increase the 9 TH Respondent’s votes

without interfering with the total valid votes cast.

Raila Odinga further argued that violation of and or lack of an electoral system

and process that is conducted by an independent body; and administered in an

impartial neutral, efficient, accurate and accountable manner.

The declaration of the false “outcome” of the presidential election contravened

the cardinal principles of Article 81(e)(iii) of the constitution as read together.

His petition adds that immediately before the declaration of the result of the

presidential election, four (4) out of the total seven (7) Commissioners of the 1 st

Respondent comprising the majority, publicly and categorically disowned the

result declared by the 2 nd Respondent.

That tally and count in the aforesaid 27 constituencies would have affected the

outcome of the presidential election. Before declaring the final result, the 2 nd

Respondent did not state or claim that result was provisional in contravention of

section 39 of elections Act, if at all the results were provisional.

That at the time of declaring the result of the presidential election, the 1 st

Respondent had not received, uploaded and made publicly available for scrutiny

on the public IEBC portal, Forms 34A in the 27 constituencies.

That final result declared by the 1 st Respondent was therefore not complete.

Accurate, verifiable or accountable and cannot be the basis for a valid and

legitimate declaration.

That 2 nd Respondent without reason of justification willfully refused to share and

circulate the final presidential results with the “presidential candidates”. Chief

Agent, observers, media or even his fellow members of the Commissioners before

declaring the decision of the 1 st Respondent (IEBC), on tallying and verification,

making the final announcement and declaration of the “Result” unverifiable,

unaccountable and unconstitutional.

 

That the public declaration by the Commissioners of the 1 st Respondent whose

further duty was to tally and verify the result before declaration, admitted and

declared that the process was opaque and they disowned the result.

That the final “result” declared by the 2 nd Respondent did not comply with the

Constitution and the law and was therefore illegal, invalid, null and void abiniio.

That 2 nd Respondent in isolation and by himself in contravention of Article 138(c)

purported to tally and verify the results reading to the final result declared. Such

tallying and verification, if any, was a nullity ab inito and did not constitute

compliance with the Constitution’s mandatory requirements.

That unilateral action by the 2 nd Respondent removed all checks and balances and

destroyed the “appropriate structures and mechanism to eliminate electoral

malpractices” in violation of Article 86(d) as read with Article 10(2)(a) &(c), 88(4)

and (5); 138(3)(c) of the constitution; together with section 5(1) and 8 and 2 nd

schedule (paras 5&7) of IEBC Act,2011.

The Court of Appeal in Independent Electoral & Boundaries v Maina Kiai & 5

others (2017) eKLR while interpreting the role of the 1 st Respondent in the tallying

and verification of result of presidential election held that:

“Article 138 deals with events at the polling stations where votes are counted,

tallied verified and declared, we hold further that reference to the appellant in

sub Article (3)(c) is not to be construed to mean the chairperson, but rather, the

returning officers who are mandated, after counting the votes in the polling

stations, to tally and verify the count and declare the result.

The appellant, as opposed to its chairperson, upon receipt of prescribed forms

containing tabulated results for election of president electronically transmitted to

it forms the near 40,000 polling stations, is required to tally and verify the result

received at the national tallying center without interfering with the figures and

details of the outcome of the vote as received from the constituency tallying

center.

 

At the very tail end of this process, in Article 138(10) the chairperson then

declares the result of the presidential election, and delivers a written notification

of the result to the Chief Justice and to the incumbent president, Raila Odinga

petition read.

Lack of transparency

The petitioners contend that the 1 st Respondent’s Commissioner’s collapsed

Tower of Babel was the final outcome of the following preceding facts that

further demonstrate the lack of transparency, accountability, verifiable, and

efficiency which are complained of and which preceded the impugned declaration

by the 2 nd Respondent.

The unexplained and suspicious stoppage of the public display of running results

at the National Tallying Center at Bomas of Kenya on 13 August 2022 at or about

15oohours.

At the said stoppage time, the following were the public displayed results which

the petitioner’s Chief Agent was closely monitoring: Raila Odinga counties with

pulus 25% total votes 2,061,909 54.30%, Ruto William Samoei 28 with 1,708,801

54.00%, Wajackoyah George Luchiri 0 with 17,770 0.46%, Waihiga David Mwaure

0 with 8,725 0.22%.

Electronic received Forms 24A: 46,205 OF 46,229 (99.94%) VERIFIED Forms 34A:

12,204 of 46,229, registered voters; 5,762,180, turnout in reported polling

stations: 66.46%

The 1 st Respondent therefore never resumed the public display of results at the

National Tallying Center and petitioners, agents and other observers had no way

or means of auditing, tallying what was happening at the National Tallying Center

results received and or computed by the 1 st and 2 nd Respondents.

Prior to Kenya presidential election, Black Star News Correspondent observed the

statement from Chairperson Chebukati before election, during their meeting with

Religious leaders telling Kenyans that whoever disagreed with election results

should go to court of law instead of going to the streets.

 

This was preparing Kenyans that election results were biased, and Now William

Ruto telling Kenyans that there is nothing, which means they are preparing the

court to be compromised.