Speaking at a political rally in Kajiado on 15th June 2017, National Super Alliance (NASA) Presidential candidate, Raila Odinga, said that the people of Kajiado sometimes felt compelled to sell parts of their land, not out of their own desire, but because of poverty. He said that NASA would change that, so that people do not sell their land. He also asked why the land buyers were coming from their places to the sellers' area and that those would-be buyers should remain in their areas.
Video clips of part of his speech were shared on social media and Jubilee leaders and supporters alleged that Raila was calling for the eviction of 'outsiders' from Kajiado. President Kenyatta pointed out, at a subsequent rally, that the Constitution allows any Kenyan to buy land and settle in any part of the country. Some leaders called upon the National Cohesion and Integration Commission and the Directorate of Public Prosecution to probe Raila for incitement.
Mr. Odinga and NASA officials said that the presidential hopeful had said nothing wrong, and that he had only said NASA would end poverty so that people do not sell their land. Mr. Odinga further added that President Kenyatta's Jubilee administration must implement the Truth, Justice and Reconciliation's Commission's report on land injustices.
Just days after Mr. Odinga's remarks, leaflets calling for certain communities to leave Kajiado County by the 7th of August 2017 - the day before the elections - were found in circulation. Kajiado County Commissioner Harsama Kello said the government was seriously investigating the matter.
Presidential poll results for each constituency will be announced at constituency level, the Court of Appeal ruled on 23rd June, upholding an earlier ruling of the High Court.
The Court of Appeal said that it was hypocritical for the Independent Electoral and Boundaries Commission (IEBC) to doubt the honesty of its own staff to give this as the reason for the Commission 'verify' the results from the constituencies that it receives in Nairobi.
This matter was brought before the Court of Appeal by the IEBC after the electoral body disputed the ruling made in April by the High Court which stated that results announced at constituency tallying centres would be used to determine winners.
A three-judge bench of the High court ruled that presidential election results announced at constituency tallying centres would be final in respect of the constituency and could only be questioned by the election court. The IEBC argued that the Constitution gives it powers to collate the presidential votes from the constituencies before they are pronounced as final. It also argued that IEBC had a responsibility to verify the results since only one court — the Supreme Court — can hear presidential election disputes.
The case in question was filed by human rights activists Maina Kiai, Khelef Khalifa and Tirop Kitur against the IEBC and Attorney General challenging the constitutionality of Section 39 of the Elections Act and Regulations 83(2), 84(1) and 87(2)(c) of the Elections (General) Regulations 2012 that essentially granted IEBC powers to confirm, audit or even verify presidential election results sent by a Constituency Returning Officers.
Opposition leader Raila Odinga had welcomed the April ruling saying that the results at the polling stations can be picked up and relayed to the public by the media and that this is the norm in other jurisdictions around the world.
Kenya is to hold General Elections on August 8th 2017. The Kenyan polls body, the Independent Electoral and Boundaries Commission (IEBC), awarded a tender to print about 120 million ballot papers, election results forms and poll registers for the elections to a Dubai firm, Al Ghurair Printing and Publishing LLC.
The National Super Alliance (NASA) on Thursday 22nd June filed a lawsuit against the IEBC to block the tender. The suit seeks to cancel the tender on account of alleged fraud and lack of consultation with the main political parties. Presidential candidate Raila Odinga accused IEBC of ignoring voices of suspicion and fear over the involvement of the firm in the electoral process and alleged links to the President Uhuru Kenyatta's family.
On Friday, Justice Odunga asked the Chief Justice to constitute a three-judge bench to hear the dispute over the ballot papers.
This tender has not been without controversy. In October 2016, IEBC awarded the tender to Al Ghurair but the decision was nullified by the High Court in February 2017, following a suit filed by the opposition's Coalition for Reforms and Democracy (CORD) (CORD later joined others to form NASA).
In its suit, CORD argued that the ballot papers tendered for were not in compliance with the amended Election Act which requires the papers to be in conformity with the integrated system. Judge George Odunga directed that the tender process start afresh.
Citing time constraints, the electoral commission opted to use restricted tendering where select firms were invited to bid but that also ran into trouble weeks later, when the Public Procurement Administrative Review Board nullified the process on grounds of faulty tender papers. The Board also accused the Commission of blatantly violating the law.
But later, IEBC Chairman Wafula Chebukati announced the IEBC would go for direct procurement after consultation with stakeholders.
On June 9th IEBC said it had taken into consideration several issues before settling on Al Ghurair. Among the considerations are the capacity of the firm, history of work done in Africa and the region, logistics and pricing.
Opposition leader Raila Odinga denied that the opposition was consulted.
Opposition leaders said senior Jubilee officials are involved in the Sh. 2.5 billion tender.
Chebukati announced that the IEBC will sponsor representatives of stakeholders to travel to Dubai and witness the printing of the materials.
NASA lawyers said their coalition would not honour IEBC’s invitation to accompany them to Dubai to witness the ballot printing process, maintaining their call that the tender should be awarded to another firm. Jubilee leaders also said they would not be part of the trip.
Thirdway Alliance Party of Kenya also called on the IEBC to cancel ballot printing tender to avoid chaos in the country. Party leader Ekuru Aukot asked for the tender to be awarded to an independent printing firm that has no links to any party contesting in the August elections. The party proposed that the United Nations supervises the tender process.
President Uhuru Kenyatta’s Jubilee Party claimed that the Opposition was frustrating the process so the tender could be given to a South African company of their choice. Jubilee has also accused the Opposition of plotting to have the elections postponed.
On Friday June 23rd, Chief Justice David Maraga, as requested by the High Court, named Justice George Odunga, Justice Joel Ngugi (presiding) and Justice J.J. Mativo to form a three-judge bench to hear the case. Maraga authorised the judges to sit beyond working hours, if necessary, in light of the matter's urgency.
NASA lawyer, who is also the Senator for Siaya County, James Orengo, said that the remaining six weeks before the polls were enough for another firm to print the ballot papers.
"Printing ballot papers is not rocket science. We even print money here in Kenya," he said.
He added that in previous elections, nominations used to be done three weeks before the polling day and the polls body still managed to have ballot papers printed in the UK.