Archive for the ‘OPINION’ Category

Nokia CEO while handing over the company to Microsoft, is quoted to have said “we didn’t do anything wrong, but somehow, we lost” amid tears.

Reading his speech, I couldn’t help going back into the Nokia days. The days of the famous “come fill me in” ring tone. Or the other one that would end with “can you answer my call….”
The Nokia 3310 days. Man, that was the best phone I ever saw. Phone could hit the ground from the roof and scatter in pieces. Gather the pieces and fix them… and you’re good to go. Try that with a Samsung today. Or iPhone! It will fall from a stool, and you’ll never live happily thereafter.
Days when you only charged your phone once a week.. The days of snake game! Those days!

The journey.. The success story!

Nokia has been a respectable company.. having been in business since 1865 (as a paper mill), almost since telephony began.

In 1982, Nokia introduced both the first fully-digital local telephone exchange in Europe and the world’s first car phone for the Nordic Mobile Telephone analog standard.

The first ever GSM call was made with a Nokia phone over the Nokia-built network of a Finnish operator called Radiolinja in 1991. This historic call was made by then Finnish prime minister, Harri Holkeri.

Listen to this! By 1998, Nokia was the world LEADER in mobile phones, a position it enjoyed for more than a decade.

Nokia launched the world’s first international cellular system dubbed Nordic Mobile Telephone network, which linked Sweden, Denmark, Norway, and Finland. This was followed by the launch of the company’s as well as world’s first car-phone dubbed Mobira Senator, which weighed in at around 10 kg.

In 1987, Nokia introduced the world’s hand-held compact phone called Mobira Cityman 900. Despite weighing around 800g and carrying a price tag of around $5,456, it sold like hot cakes.

1992, the company’s first hand-held GSM phone Nokia 1011 was launched. It had a 90mins talk time and could only store upto 99 contacts.

This was to be followed later by the launch of Nokia 2100 series of phones; the first to feature the iconic Nokia Tune ringtone. Initial projection was to sell 400,000 but it turned out to be a blockbuster with around 20 million handsets sold worldwide. The company sold nearly 41 million cellular phones in 1998 – helped the company surpass Motorola and become the world’s top cellular phone maker in that year. And by the way, Nokia 6110 was the first phone that came with the classic Snake game pre-installed.

Nokia’s net sales increased over 50% year-on-year, operating profits shot up nearly 75%, and stock price sky-rocketed a whopping 220%, resulting in an increase of market capitalization from nearly $21 billion to around $70 billion.

1998, the company launched the Nokia 8810, its first phone without an external antenna.

1999 saw the birth of Nokia 3210 with an impressive talk time of 4- 5 hours. It extra ringtones and games. Around 160 million units of the handsets were sold, making it one of the most popular and successful phones in history.

Nokia’s cookie started crumpling in 2000s. The new decade brought along a new set of challenges for the company. The convergence of the wireless and Internet technologies coupled with the evolution of the 3rd generation of wireless technologies – that promised enhanced multimedia capability.

2002: The world’s first 3G phone, the Nokia 6650 was launched. The same year, Nokia 3650 was introduced; the first Symbian Series 60 device to appear in the US market. Nokia’s first phone with a video recorder.

The following year Nokia 1100, a budget-friendly phone that sold around 250 million units was launched. It became the best selling phone as well as the best selling consumer electronics product in the world. Incidentally, it was also the company’s billionth phone sold later in 2005.

2004: Nokia 7280 “lipstick” was launched. It was listed as one of the best products of the year by Fortune Magazine. It also featured in the Pussycat Dolls’ “Beep” music video.

The Slump!

2001: Nokia’s profits first crumbled after becoming the world’s top phone maker. This was primarily due to a slowdown in mobile phone market. In 2004, it was reported that the company’s market share was sliding, despite having a 35% lion share.

2007: The compan recalled a whopping 46 million faulty phone batteries manufactured between 2005 and 2006. A large part of the company’s device portfolio was affected.

2008: Android version 1.0 was launched. Nokia’s Q3 profits dropped by 30% as sales decreased by 3.1%. In contrast, iPhone sales sky-rocketed by around 330% during the same period.

2009: Nokia laid off 1,700 employees worldwide followed by admission by the company that it was slow to react to the change in the market. Apple, BlackBerry, Samsung, HTC, and LG were slowly eating into Nokia’s market share.

2011: Apple overtook Nokia in smartphone sales in Q2, of the year.

Same year Nokia joined forces with Microsoft to strengthen their position in the highly competitive smartphone market. Three years later, Microsoft’s bought most of Nokia’s Devices & Services, with the deal closing in April 2014.

2012: In an effort to save more expenses Nokia announced closure its oldest factory in Finland and shift its manufacturing to Asia, which had become its largest market by then.
The same year, the company suffered an operating loss of €1.3 billion followed by another round of job cuts, affecting around 10,000 employees.

SO, yeah Nokia didn’t do anything wrong in their business, however, the world changed too fast. And they were too slow or too rigid to mutate. Their opponents were too powerful. Unwillingness to embrace drastic change at the right time was their greatest undoing.

They missed the learning and earning opportunity! They lost their chance of survival.

Remember Kenya’s ‘them days’ products like Cowboy, Hair glo, Sportman cigarette, Asepso, Tetmosol, Treetop etc? Lesson is, consumers are not loyal to brands but to innovation.
If you don’t change, you will be replaced by innovative competition that answers the big question of the day! Service providers MUST answer the questions that emerge every single day. If your thoughts and mindset cannot find relevance in today’s matrix, your elimination is inevitable.

Simply put, tomorrow’s trends will replace today’s advantage.


An attempt in last Sunday’s sermon to distinguish myself from an American television program portraying preachers in a manner that I found unseemly has caused some offense in Kenya. For that I apologize.

My intent was to show the extensive humanitarian efforts by TD Jakes Ministries through its MegaCARE arm as a means of further distinguishing this organization from the TV program’s exclusive focus on the personal material wealth of the individual ministers over the works of the Gospel.

The attempt was to highlight one well and one hospital wing in Kenya as one example of this ministry’s worldwide efforts. It was by no means meant to take responsibility for an entire nation or to minimize the contributions of its people. My focus has always been about the mission of helping hurting people in every circumstance of life, anywhere in the world. The extemporaneous comments when taken out of context convey a meaning far from the intent of my heart. I meant only to communicate to my constituents that my love is for people as demonstrated through years of practical ministry. The fact that these heart-felt words have been taken to mean anything other than their original intent deeply saddens me. I love Kenya and the entire continent of Africa. I am proud of its efforts and grateful to have had an opportunity to minister to its people on numerous occasions. I trust that this explanation will end this apparent misunderstanding.

In His service,

Bishop Jakes.




The Government of Kenya has received a warrant for the immediate arrest and transfer of Walter Barasa to the International Criminal Court (ICC) to face criminal charges.  There is evidence to suggest that Walter Barasa tried to bribe someone he thought was a Prosecution witness in the case against Mr. Ruto.

 The Office of the Prosecutor is taking action against those who are alleged to be corruptly influencing Prosecution witnesses.  

The Prosecution has conducted a comprehensive investigation on the basis of documented allegations of witness interference, which continues to date. The evidence collected so far indicates that there is a network of people who are trying to sabotage the case against Mr. Ruto et al. by interfering with Prosecution witnesses. Walter Barasa, against whom compelling evidence has been collected, has been part of this network, and his actions fit into this wider scheme that the Office continues to investigate.  

Under Article 70 of the Rome Statute, using bribes or threats to influence witnesses to change or recant their testimony is a crime. If found guilty, Walter Barasa faces up to five years in prison, a fine, or both. 

We expect Kenyan authorities to arrest Walter Barasa and hand him over to the Court.  He will appear before ICC judges on charges of corruptly influencing and attempting to corruptly influence a person he believed to be a Prosecution witnesses. 

The warrant was issued by the Single Judge of the Pre-Trial Chamber after he determined, on the basis of the evidence, that there are reasonable grounds to believe that Walter Barasa corruptly influenced or attempted to influence a person he thought was a Prosecution witness. 

During an initial hearing before ICC Judges, Walter Barasa will be informed of the crimes which he is alleged to have committed and of his rights under the Rome Statute. His plea will be entered and the Judges will then set a date for a hearing on the charges. At this subsequent hearing, the Judges will hear submissions from both the Prosecution and Walter Barasa’s Defence on whether his case should go to trial. If the charges are confirmed, the judges will set a trial date. These are the next steps in the case against Walter Barasa. 

In the meantime, we continue to monitor and investigate all incidents of witness interference. 

The issuance of an arrest warrant in this case should be a warning to others who may be involved in obstructing the course of justice through intimidating, harassing, bribing or attempting to bribe ICC witnesses. My Office will continue to do everything it can to ensure that witnesses are able to present their evidence before the Court without fear. Witnesses who have courage to come forward to testify deserve no less. 

The ability of the Court to determine the truth in the Kenyan cases depends on the willingness of witnesses to come forward and present their evidence in the courtroom.  I admire and am grateful for the moral courage displayed by the witnesses involved in these cases. 

Through my Office, I will do all within my power to protect the integrity of our cases and ensure that justice is allowed to run its course unobstructed.




Fellow Kenyans and Friends of Kenya, the operation is now over.

 Fellow Kenyans,

 Last weekend, terrorists alighted in Nairobi and unleashed unspeakable and unforgivable atrocity on Kenyans and our visitors.

 The agents of Terror themselves craven wretches and lowly cowards had the agenda of perpetrating grievous mayhem in our country, senselessly killing, maiming and traumatizing harmless, innocent people.

 We confronted this evil without flinching, contained our deep grief and pain, and conquered it. As a nation, our head is bloodied, but unbowed. The criminals found us unafraid, as we ever shall be.We cannot be conquered. Our confrontation with the terrorists at Westgate Mall left 240 casualties.

 I report with great sadness that 61 civilians lost their lives in the attack. 6 Security officers also made the ultimate sacrifice to defeat the criminals.

 Forensic teams are still at work at the scene of the tragedy and will put together a final report.

 Towards the tail end of the operation three floors of the Westgate Mall collapsed and there are several bodies still trapped in the rubble including the terrorists’.

 Starting tomorrow, I have instructed the Interior Ministry to keep Kenyans informed of the progress of the forensic investigations.

 Of the injured, 62 were operated on and remain hospitalized. Many others suffered non- physical trauma and shock and are receiving counseling at various facilities throughout the city. It has not been an easy time for anyone of us, least of all the affected.

 Our losses are immense.To honour the memory of those who lost their lives in this attack, I have declared 3 days of National Mourning starting tomorrow, during which official flags will fly at half-mast throughout the country.

 Ladies and Gentlemen, As I had vowed earlier, we have ashamed and defeated our attackers.

 That part of our task has been completed by our multi-agency security team. 5 terrorists were killed with gunfire.11 suspects are in custody in connection with the attack . Intelligence reports had suggested that a British woman and two or three American citizens may have been involved in the attack. We cannot confirm the details at present. Forensic experts are working to ascertain the nationalities of the terrorists.

 I promised that we shall have full accountability for the mindless destruction, deaths, pain, loss and suffering we have all undergone as a national family.

 These cowards will meet justice, as will their accomplices and patrons, wherever they are.

 Fellow Kenyans,

 Friends of Kenya, Our solidarity, patience and resolve has seen us through the worst of this crisis. It is to you that I turned, for strength, love and aid to those afflicted by this encounter with the forces of evil. You came out in ways that exceeded the wildest expectations.

 You have been generous, compassionate and patriotic. I am deeply moved and very proud to be your President.

 To the survivors of that terrible ordeal, the entire nation has waited anxiously for your safe deliverance, and we are all relieved to see you.

 Fellow Kenyans,

 The response of the people throughout the country has been nothing short of wonderful.

 I have always known that our country is a splendid nation of fine, patriotic citizens.

 The unity, selflessness and empathy shown to the affected over the last three days has been touching and exemplary.

 We could not, in all fairness, ask more of you, and yet the revelation of your nobility continues to amaze.

 Without a task force, organizing committee or chain of command, you have risen up as one and stood firmly with your country, your brothers and sisters.

 You have raised more than 60 million shillings through mobile money to help the affected.

 You have also donated food, clothing and other supplies, not only for the afflicted, but also to keep the volunteers going.

 You have gifted fellow Kenyans, and our visitors blood, without pausing to consider whether they were Giriama, Dasanach, Turkana, Kuria or Embu, West African, Pakistani, British or German.

 Your response to appeals for blood donations has been literally overwhelming. There is, evidently, no limit to your patriotic sacrifice.

I am humbled and encouraged. Thank you all for your patience and understanding in the anxious moments when we waited for this nightmare to end.

 My Brothers and Sisters, I thank the doctors, nurses, counselors and other volunteers who thought nothing of their comforts and personal engagements when called upon to be their brother’s keepers.

 We have all been touched by your selflessness. I appreciate the excellent work of our security forces. The dedication and professionalism of the valiant officers in containing a delicate and dangerous situation has made Kenyans proud. You continue to exemplify our national values in action.

 No one among us take for granted the fact that every time you accost evildoers, you put your life on the line for our sake. For this reason, I stand here to pay a special tribute to our security forces.

 I salute national leaders of every stripe who stood together to reassure the nation that deep inside, where it counts most, we are one, indivisible national family.

 For sharing the nation’s pain and anxiety, and for reaffirming the core principles of leadership, you have encouraged the nation.

 Let no one amongst us ever be blamed for dividing the people of Kenya.

 Friends of Kenya,

 Terrorism is a global problem that requires global solutions. Kenya will stand with our friends in tackling terrorism and I ask our friends to stand with us.

 Our many friends throughout the world came through with moral support and offers of various forms of ssistance.

 This solidarity has encouraged us immensely, and we will never forget your brotherly concern for our wellbeing.

 My brothers President Yoweri Museveni of Uganda, Jakaya Kikwete of Tanzania, Paul Kagame of Rwanda, Salva Kiir of Southern Sudan and Pierre Nkurunziza of Burundi have called daily to encourage us.

 Other African and global leaders, including presidents Goodluck Jonathan of Nigeria, Jacob Zuma of South Africa, and Hailemariam Desalegne, Prime Minister of Ethiopia, as well as United States president Barack Obama, the prime ministers of Israel and Britain have also expressed their sympathies and best wishes.

 The people of Kenya thank you.The operation to contain terrorists, pacify and stabilize our region and continent continues, and there will be opportunity to consult and cooperate in future.

 My People, Our Friends, The majority of the people who lost their lives to the terrorist attack were innocent, harmless civilians. They were people of various nationalities, races, ethnic, cultural, religious and other walks of life. They were in Kenya, and in Nairobi because the people of Kenya welcomed them warmly and freely.

 As one family, the people of Kenya continue to mourn them. We must never forget them. Just like their lives, their memory will remain precious in our hearts.

 Let us always remember that they were compelled by the mindless actions of evil, cowardly terrorists, to make the unnecessary, yet ultimate sacrifice.

 We will stand by each other, and we must stand by the families of the fallen. My Government will assist the families to cope with their grief and loss.

 We pray that God, our Creator, will comfort them with divine hope and assurance, and give them strength to face the coming days.

 I ask all of you, brothers and sisters, to remember them by staying united, tolerant, caring, generous and loyal to one another, and to our nation.

 There are many people who have suffered painful bodily injury, and those who suffer afflictions invisible to the eye. We pray for your quick and full recovery.

 Fellow Kenyans, We have been badly hurt, and feel great pain and loss. But we have been brave, united and strong. Kenya has stared down Evil and triumphed.

 We have prevailed just by being who we typically are, and have been from the time of our forefathers.

 In caring and giving; in loving and uniting; in never tiring, and not hesitating, in resolutely looking forward and never turning back, we have defeated our enemies and shown the whole world what our values can accomplish.

As we put this tragic period behind us, let us stay true to who we are.

 Our attackers wished to destroy the essential character of our society. They failed. Kenya endured. Kenya endures.With our openness and inclusivity, we shall confront and overcome all the challenges facing us as a nation.

 We shall rise as one, defend and build this nation together. In one accord we have triumphed. In one accord, we shall prosper.

 The incident which we now put behind was certainly not welcome.Yet it has strengthened us and renewed our resolve to live as one strong, open, stable, democratic and prosperous Republic, where people of all races, cultures and faiths pursue happiness together.

 We must live as a diverse, tolerant society with neither bias nor barriers to all people of goodwill.

 Our openness, enterprise and generosity have brought us through adversity to where we are, and will impel us achieve our collective and individual dreams.

Amid the horror and confusion of the past few days, you have found it in yourselves to be incredibly strong and generous.

 You have held each other’s hand, and extended this love to our visitors.Your resilience and compassion have saved many lives and brought hope and comfort to countless families. I have drawn strength and inspiration from your wonderful example.

 My resolve to ensure that my Government delivers to you is strengthened even more by the certainty that I lead a nation of fine folk who deserve our best work.

 Let us work in unity, in the spirit with which we defeated the monster of terrorism, to heal the wounds inflicted on us, and to confront the obstacles in our way to prosperity.We must put development and happiness within our reach. We will ensure that Kenya always retains its honour among nations.

 The Glory of Kenya, is the Fruit of our collective Labour. That is what our founding fathers inscribed in our National Anthem. Because of what we have done, we have not been shaken.

 As long as Kenya remains our home, we are indomitable. I urge you to remain calm and vigilant. Our country is safe.

 God bless you all, and God bless Kenya.

Pursuant to Section 53 of the Value Added Tax Act, 2013 (“the Act”) the Commissioner General provides the following clarification in respect of the tax status of certain products covered by the Act. 

Milk products
For the purpose of the Act, the term “unprocessed milk” shall include milk that has undergone heat treatment to eradicate harmful bacteria but for which no significant value addition has taken place, so as to change its essential character as milk meant for ordinary use, whether sold in packaged form or otherwise dispensed. 

The clarification however excludes milk products not qualifying as milk for ordinary use including the following:
• Flavoured milk,
• Buttermilk,
• Curdled milk,
• Cream,
• Yoghurt,
• Kephir and other fermented and acidified milk and cream;
whether or not concentrated or containing sugar additives or other similar sweetening matter or containing fruits, nuts, cocoa or other similar additives.

The term “ordinary bread” as used in the Act covers all breads falling under tariff code 1905.90.90 and which are sold for general consumption including white and brown bread but does not include crisp and ginger breads primarily used in the catering industry.

Persons who require further support in respect of the matters above or any other matter concerning the VAT Act, 2013 should contact our support teams through email: or telephones: 2817062/0711099999/4999999.

You may also consult our website ( additional details.

The Power Within!

Posted: May 15, 2013 in OPINION

Do you ever wonder why some people seem to “have it all” and others struggle all the time? We always see others in our peer group doing better than us. At least I do if ohers don’t. This boils out my/our self esteem and casts doubt on our abilities and or potential.

Is there anything that can be done or is it just fate?  While at it, it’s amazing to note that everybody has #ThePowerWithin themselves to achieve whatever they desire. Our minds are a powerful tool that when put to good use can bring us happiness, success and whatever we desire.

So how do we use that “Power Within us?”

The mind has two parts, the conscious and the subconscious. It can be compared to an iceberg. What’s above the water is the conscious mind (about 10%) and what’s below the water is the subconscious mind. The conscious mind carries out instructions given to it by the subconscious mind, we are not even aware of this happening. Every action that the conscious mind performs has originated in the subconscious mind. 

When you are learning to drive a car, there are many actions to take. You need to push the pedals, change gear, watch the rear view mirror etc. This can be challenging and requires a lot of conscious attention. Once you learn to drive however, it becomes natural to you. The constant repetition of changing gears, moving feet etc, has been repeated so many times that the subconscious mind lets you carry it out without you even thinking about it consciously.

Or the computer keyboard! You have to literally look for letters when you are using for the 1st time. But when used to it, you can even type with your eyes closed. Or better still, if I went to your house, I’ll struggle moving around in darkness, but you almost do everything in that house whether or not there is light. The arrangement of that house is in your mind. You can call me from Uganda and direct me where something ‘could be’ or is.

A baby learning to walk has had no influence to make them believe that they can’t achieve. They get up to walk, fall down, get up again, fall down, up again until they finally walk. They don’t fall down the first time and say “I can’t do this”….

To unleash #ThePowerWithin, start speaking to your subconscious mind that you are able.. that you have what it takes.. that you have the power with.

Do it again and again until it becomes so natural for you to succeed!

(Part of the text borrowed)


The contents of paragraph 2.3 of the Petition are incorrect to the extent that the Petitioner attributes the enactment of the Constitution to the Government of the Republic of Kenya, civil society and the private sector whereas the Constitution is in truth adopted and enacted by the people of Kenya. 

The 3rd Respondent having perused the Petition has noted that no Accusation is made against him.

The Petition is replete with falsehood and is a robust effort to exaggerate facts and circumstances which are intended to secure for the Petitioner an unjust advantage. The Petition in essence seeks to substitute the will of Kenya people who elected the 3rd Respondent in elections that were free, fair and credible by the standards established by law.

The 1st Respondent’s conduct of the election must also be assessed against the following novel circumstances;

For the first time in Kenya’s history, 6 elections were held simultaneously on the same day.

For the first time in Kenya’s history, portions of the electoral process were conducted through electronic means including voter registration.

The general election was the first one under the new Constitution.

The record registration of over 14 million voters.

Creation of 80 new constituencies and delimitation of new electoral units undertaken in 2011 pursuant to the provisions of Article 89 of the Constitution of Kenya.

The conduct of elections under a statutory framework for the creation of coalitions and a new Political Parties Act.

The conduct of elections that will lead to the first devolved system of Government in Kenya.

Significant delays in the enactment of electoral laws by Parliament which was compounded by several late stage amendments to such laws with the attendant consequence that the 1st Respondent’s schedule of executing the efficient conduct of the elections was disrupted.

A legal challenge and political opposition to the procurement process commenced by the 1st Respondent for BVI, BVR and electronic results transmission system.

The Constitution does not impose any duty on the 1st Respondent to use BVI, BVR and/or a system of transmitting election results electronically hence it is a fundamental misconception of the law for the Petitioner to contend that either registration of voters, identification of voters or transmission of the votes cast was required by law to be done via an electronic system.

At a press conference convened on 31st July, 2012,the Petitioner and several senior members of ODM called for a return to the manual system and declared that Kenyans did not want the BVR system. It is therefore the height of hypocrisy for the Petitioner to now claim that the only credible process of conducting elections must be founded on an electronic system.

Following consultations between the President, the Petitioner and the 1st Respondent, a decision was made to procure the BVR Kits from the Government of Canada in a Government – Government deal. The Cabinet meeting at which the decision was made was chaired by the President and the Petitioner. 

It therefore follows that the Petitioner had a critical role in the identification and eventual purchase of the BVR Kits. The Petitioner cannot therefore either found a cause of action arising from his participation in the purchase of the BVR kits and/or benefit from the ultimate partial failure of the electronic systems.

The notion that electronic voting systems are the only accurate, accountable, verifiable, transparent and efficient method of voter registration, voting and results transmission is not only fundamentally unsound in law but also factually incorrect. Such systems have failed all over the world in the past in the following instances:

(i) The BVR system crashed and/or failed in 2012 in the Ghana Presidential election.

(ii) Electronic voting systems failed during the 2000 Presidential election in the United States of America.

(iii) Electronic voting systems have failed, crashed and or mulfunctioned in numerous elections in Europe and in Municipal elections in the United States of America to the extent that legislation has been introduced in some jurisdictions requirement for a manual back up system in every election.

In excess of 800,000 people expressed their preference for the 3rd Respondent who are more than the total number of voters in 3 densely populated counties namely Tharaka Nithi, Kakamega and Bomet.

Every effort humanly possible was made to ensure that the voting method adopted by the 1st Respondent was simple, accurate, verifiable, secure, accountable and transparent.

The results announced were indeed accurate and verifiable in accordance with the standard established by law and were announced in a transparent and lawful manner as contemplated by Article 86 of the Constitution and the Election (General) Regulations, 2012.

The allegations at page 14 paragraph 5.2 of the Petition are false. In particular the 3rd Respondent states that the will of the people of Kenya expressed in a free fair and credible electoral process can not in law be overturned or subverted on the basis of a hypothesis. The petition correctly understood, is founded on a hypothesis incapable of proof; it is an expression of bitterness arising from the Petitioner’s loss of the poll and raises no legal issues capable of a judicial inquiry.

The allegations at page 16 paragraph 5.5 are false. The agents for all political parties present at the national tallying centre were not ejected from the tallying centre but rather provided with suitable alternative facilities within the tallying centre after the Petitioner’s supporters started shouting and mis-conducting themselves in a room which they and other agents had been allocated for verification of results. 

It is thus manifestly clear that the Petitioner’s attempt to impeach the entire electoral process and invalidate the results is an afterthought informed by the shock of losing the election rather than on any impropriety or irregularities by the 1st and 2nd Respondents.

The 3rd Respondent states that the burden of the Petitioner’s case is that the entire electoral process commencing with voter registration, voting and tallying of results and the declaration of results was invalid, null and void. The 3rd Respondent contends that the court is being invited to stage a coup against the constitutional governance of Kenya in that not only the Presidential election would be impugned but the Parliamentary, Gubernatorial, Senatorial and County Assembly elections would also be vitiated.

The Orders sought by the Petitioner are also mischievous and designed to cause disproportionate harm to constitutional governance in that they call for impeachment without legal basis of the only body established in law to conduct elections so as to trigger a crisis in the Executive and Legislative arms of Government that would enable the Petitioner to negotiate and/or bully his way to power in contravention of the Constitution.


I have actively participated in all aspects of the electoral process either directly or through agents of the Jubilee Coalition and TNA. I can unequivocally state that in my view the 1st Respondent and its staff, including the 2nd Respondent, have conducted the entire process with remarkable diligence, efficiency and in full fidelity to the standards established in the Constitution and all the electoral laws notwithstanding logistical and technological problems encountered on 4th March 2013. 

The difference between the votes cast in my favour and those cast in favour of the Petitioner is 832,887. In all humility, the said difference is very significant and emphatically demonstrates the resolve of the people of Kenya to exercise their free and sovereign will.

At a press conference held subsequent to the election the Petitioner disclosed that he would contest the results of the election in court because he believed that he won the election by 52% – 53% having been so advised by foreign journalists who had seen “exit polls” results prepared by an unknown entity. 

During the 21 months or so that the 1st Respondent has been in existence, it has outdone itself in establishing and overseeing the creation of a very solid statutory and legal framework for the conduct of free, fair and credible elections. In my very respectful assessment, which I humbly invite this Honourable Court to share, the 1st Respondent has also scrupulously complied with such statutory requirements within the limits of human capacity.

I am a firm and passionate believer in Kenyan institutions, some imperfections notwithstanding, and in the sovereign right of the Kenyan people to reform and improve such institutions without disparaging them in the manner the Petitioner has done. The 1st Respondent has, in my view, acquitted itself very well under very difficult circumstances and is to be commended and not vilified.

I am aware that soon after the BVR tender process commenced by the 1st Respondent was terminated in June 2012, the Petitioner and other senior members of ODM held a press conference at which they demanded that the 1st Respondent reverts to the manual registration of voters. I now produce a recording of the said press conference which is available at and is produced to this court in electronic form contained in an envelope marked “UK9”.

I am also aware that in the United States of America, some states have taken the step of abandoning electronic systems in favour of ballot papers. I now produce an article published in Time Magazine on 3rd November 2007 titled “Voting out e-voting machines”. The article is marked “UK10”.

There is no legal requirement for the transmission of final election results electronically. Indeed, the 2nd Respondent is obliged by law to announce the results on the basis of manual Form 34’s.

In response to the allegation that Kencall co-hosted servers for TNA and the 1st Respondent, I now produce an affidavit sworn by Nicholas Alexander Nesbitt on behalf of Kencall setting the record straight. The affidavit is marked “UK14”. Also annexed hereto and marked “UK14A” is an affidavit sworn by an ICT expert Stephen Kanyatte Mwangi, which provides further clarification on pertinent issues.

I nevertheless wish to state very firmly that the allegation that the voter register was unlawfully tampered with after the registration period had ended so as to confer a benefit to me is deceitful, irresponsible and a false allegation peddled by the Petitioner so as to attract unjustified sympathy and inflame public passions.

Nearly all local and international observers and monitors who were accredited by the 1st Respondent have issued preliminary reports stating that the election was substantially free, fair and credible notwithstanding the minor irregularities and other logistical problems experienced during the election process.

The Petitioner has, subsequent to the announcement of the results, repeatedly stated that the election was “stolen” from him and that the 3rd and 4th Respondents are “criminals who should be in jail”. I now produce a video clip depicting the said speech by the Petitioner, which is in electronic form contained in an envelope marked ”UK 19”.

The Petitioner and his agents, particularly one Johnstone Muthama, have repeatedly engaged in hate speech and incitement in violation of the provisions of Article 33(2), the Electoral Code of Conduct and the National Cohesion and Integration Act so as to: 

Undermine the electoral process

Compromise the fair adjudication of this petition; and

Subvert the free and sovereign will of the people of Kenya expressed on 4th March 2013.

I now produce a summary of news reports marked “UK 20” which identify instances of show the Petitioner inflaming and inciting public passions before and after the elections.

The public utterances by the Petitioner since the election when seen against the orders sought in the Petition are so broad and ungovernable that it appears to me that the Petitioner seems intent on provoking a constitutional leadership crisis that would enable him to negotiate his way to government. The utterances by the petitioner demonstrate beyond peradventure that he would only consider an election free, fair and democratic if he were declared the winner. I urge this Honourable Court to protect this nation by rejecting this irresponsible and unlawful attempt to secure power notwithstanding the resounding loss suffered at the General Elections.

“The Jubilee Coalition congratulates Kenyans for turning out in large numbers braving the long queues and scorching sun to carry out their democratic right to cast their votes. We commend them for their resolve to make Kenya’s 2013 General Election a resounding success.

The Jubilee Coalition is however, deeply concerned about the shadowy, suspicious and rather animated involvement of the British High Commissioner to Kenya Dr Christian Turner in Kenya’s 2013 General Election. The British High Commissioner, in cahoots with one Maina Kiai have been canvassing to have rejected votes tallied in an attempt to deny the Jubilee Coalition outright victory as indeed all indicators are showing at the moment.
The British High Commissioner should accept that Kenyans have spoken and their sovereign will should be respected and his role should be strictly limited to that of observer.Further, we at Jubilee Coalition are alarmed by the abnormally high influx of British Military personnel in the country which began around the voting day, under the pretext of training. Kenya and Britain are traditional friends, but can the British High Commissioner explain to Kenyans the sudden upsurge of British military presence in the country.

We are also in constant touch with our Jubilee team in Mombasa and we are aware that our team is preparing to make a statement over the shameful and unlawful incident involving tampering with ballot boxes. We commend the police for apprehending the culprits and now ask the IEBC to move with speed to investigate and explain to Kenyans the full details of this serious malpractice.

Further, we ask the IEBC to also explain why there is absolutely no presidential poll results from Mombasa County 60 hours after the close of polling whereas all the parliamentary results for same county have been tallied, verified and released.
Similar electoral malpractices have been reported in North Horr, Marsabit County and in the last few hours, according to reliable reports reaching us, this is also taking place in Kisumu County.

Regarding the inclusion of rejected votes into the national poll tally, the Jubilee Coalition is scandalised that sensible Kenyans can even so much as think of including condemned ballots in the final result. The logic behind this is suspect and sinister. Just ask yourself;

1) If you mistakenly put a county representative ballot into the presidential ballot box, why would that influence the outcome of the presidential vote?
2) If an IEBC officer fails in his or her duty to stamp a ballot paper, that automatically makes it a spoilt ballot. So on what grounds does the IEBC team transfer the blame and responsibility of that condemned vote to the presidential candidate? And is that not tantamount to directly sabotaging the election at the polling station?

As we await satisfactory answers to these disturbing questions, the Jubilee Coalition calls on our supporters and the nation at large to remain calm and peaceful.”

March 6, 2013

Press Statement


Following numerous queries from the media and in response to public concern, leading integrated communications service provider Safaricom Limited wishes to clarify its specific role with respect to the conduct of the historic March 4th, 2013 General Elections.

1. Safaricom was one of several service providers contracted by the Independent Electoral and Boundaries Commission “IEBC” to provide network connectivity for the electronic transmission of electoral results.

2. In accordance with the terms of our contract with the IEBC , Safaricom’s responsibilities were twofold, the first was to provide the virtual private network (VPN) for the conveyance of the results from polling stations across the country previously identified as having sufficient mobile coverage to the IEBC’s constituency, county and national tallying center infrastructure.

The second was to deliver 17,900 original manufacturer warranted handsets to the IEBC for use by polling staff for purposes of transmitting electronic results. Safaricom was neither involved in the supply of the software to be used on the mobile handsets nor the distribution and storage of the devices.

3. The observed traffic on the VPN provided by Safaricom did not exceed 3.5 Mbps at any time. When put in to context this is a small fraction of the 3,000 Mbps traffic we observe at any time in our network.

4. The total number of mobile devices provisioned to be used by the IEBC polling staff to relay results on the Safaricom VPN were 32,000, this represents only 2% of the 1.5 million devices connected to our data network at any given time.

5. Further, it must be clarified that during the entire election period

a. Safaricom’s role is simply to provide connectivity between the mobile devices and the IEBC tallying centers. Safaricom did not and does not have any role in the technical design, management or specification of the servers, the mobile software application nor the graphic presentation of the results data used by the IEBC.

b. The Safaricom mobile and virtual private network has remained robust with 100% uptime in all areas where coverage was to be provided.

c. Safaricom has provided unrestricted access to representatives of the 8 presidential candidates to assess and monitor its network performance. All of them were and still are confident in our network quality.

As a responsible corporate citizen, Safaricom appreciates and takes seriously its assigned responsibilities and will continue to play its part to support the IEBC in its duties.

Bob Collymore

Chief Executive Officer

Mock poll: Vote for your candidate

Posted: February 27, 2013 in OPINION