At a press conference held early this morning ODM leaders, William Ruto, Joseph Nyagah and Tony Gachoka expressed their concern on the delay of votes.
"We have been receiving confirmation of parliamentary votes but none for the presidential race, what is going on?" Nyagah. He called for the president to address the nation to explain the delay.
ECK called on everyone to be patient. According to ECK they are trying their best, however, some areas have many candidates thus the delay.
Tony Gachoka pointed out to ECK that the nation was tense and warned that any outcome resulting from this tension would be ECK's responsibility.
While ODM leaders were holding a separate press conference, ECK Chair Kivuitu, called a press conference where he called onto Kenyans to be patient as his commission waited on results from about 52 constituencies.
ECK reports that out of a total of 7,532,264 votes, Raila has 3,726,247 of these, while Kibaki has 3,416,139.
ECK Chair Kivuitu called onto "those holding onto the votes to report them as soon as possible, or else I will be forced to announce only the results that I have as the official ones."
On why they have not received certain votes, Kivuitu said that some returning officers had turned off their phones and there was no way of reaching them. He alluded to their "cooking" votes, and warned them against it.
It also seems that some returning officers were reporting constituency results first before getting to ECK explaining the anomalies in results over the last two days.
According to a Nation media news reporter at the ECK press conference, Raila has declared himself the winner with 4.2 million votes to Kibaki's 3.7million (note the difference between ODM's numbers and those of ECK).
The following is the presidential election tally per province according to ECK:
Raila- 34,063
*Rift Valley
Kibaki- 546,938
Raila 1,441,450
*Western
Kibaki-239,972
Raila- 552,582
*Nyanza
Kibaki-214, 506
Raila- 1, 241, 297
*Currently ECK is announcing some of the missing constituency presidential votes, so these numbers will change.
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update, Nairobi time: 15:39
Pending a few missing constituencies, in a separate press conference PNU has announced that they are winning the election so far at 4.5 million votes against ODM's 4.2 million votes.
The ECK briefing is still going on. Members of the press and party observers are agitated and have requested the presence of ECK Chair Samuel Kivuitu so that he can announce the winner of the presidential race.
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[updated Nairobi time: 16:08]
ECK took a break after the request to call the Kivuitu. The officials have returned and are attempting to read the constituency presidential votes. However, the press and political observers will have none of it. The meeting has been rowdy with everyone trying to outtalk each other. Kivuitu is not in the room, but is somewhere in KICC.
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[updated Nairobi time: 16:22]
Najib Balala and Joseph Nyagah are holding a side conference as is showing on KTN. They are calling for Kivuitu, Kihara and President Kibaki to come and calm the waters. It seems Nithi is the constituency under contention. Nyagah is alleging that votes from Nithi have been rigged.
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[updated Nairobi time: 16:34]
Kivuitu is now speaking. He insists that ECK has still not received all the ballots. He urges everyone to be calm. According to the law, he says, the returning officer is the only one who can announce the results from their constituency.
A party agent (it is not clear what party he represents) claims that not all parties are well represented at the ECK briefings. (There should be a maximum of 10 agents representing each presidential candidate.) His claims seems to be unfounded as Kivuitu makes all party agents to get up and it looks like they are all present.
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[updated Nairobi time: 16:39]
Hon Ruto, ODM, requests Kivuitu to allow party agents to verify the Nithi votes.
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[updated Nairobi time: 16:43]
A PNU party agents does not see the need to verify only Nithi votes.
An ODM-K party agent would like for the ECK briefings to go on.
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[updated Nairobi time: 16:52]
Kivuitu-- "The power of pronouncing/declares the election results lies with ECK after ECK has consulted with the returning officer." He goes on to read the Election Code of Conduct to the party agents. Basically, he is telling them that they should accept the results of ECK or take it to court.
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[updated Nairobi time: 16:56]
Kivuitu continues with the briefing. He is now reading the presidential results of some of the remaining constituencies.
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[updated Nairobi time: 17:06]
James Orengo attempts to speak to Kivuitu who ignores him. Speaking over Kivuitu he says, " We know what the courts will do. They will reject any opposition we have because they are not counting agents are. You know that if you announce results before hearing our objections there is really nowhere we can go. The Kenya of today will not allow rigging."
Meanwhile security attempts to take him out amidst shouts of , "Let him go!"
Paramilitary/GSU are seen at the back of the room waiting to come in if things get out of hand.
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[updated Nairobi time: 17:17]
Ngilu; "Nobody is going to court. We should solve this here. "
Kivuitu says he will leave and go home if he is not allowed to do his job. "I am not happy to see results delayed. There cannot be any excuse. We have asked the Police to help us trace this people. We cannot announce Kamukunji because someone has pockeked the results. Right now I have received results where votes are more than voter turnout. There is no way we can accept that. We are not robots. We are regarding the rights of all Kenyans. "
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[updated Nairobi time: 17:30]
Karua, "If these last PNU strongholds are being contested then I insist that we contest all 210 constituencies. In the morning when ODM was declared winners in many constituencies, we did not hear any complaints. Let us be consistent when speaking about being fair."
Kivuitu--Starehe- Bishop Wanjiru was announced as the winner. "Although there were complaints, that was the end of it since we do not take back results that we have announced."
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[updated Nairobi time: 17:44]
Nazlin Umar:"I have evidence showing a van bringing in 6 ballot boxes. We have written to ECK and have heard nothing from them. We hope to seek an audience with you. Save for PNU party agents, all party agents are waiting outside [KICC] to meet with you. Please allow for fair elections in Kamukunji."
According to Kivuitu Kamukunji will have re-election since their ballot boxes have been tampered with. The returning officer for Kamkunji allegedly fears for her life.
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[updated Nairobi time: 17:50]
Dr. Josephine Odhiambo," The media is relaying the going-ons of this press conference to the general public increasing their anxiety." She urged ECK to speedy up the process.
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[updated Nairobi time: 18.00]
Balala insists that Kivuitu announces presidential winner with 19 constituencies left.
Kivuitu-- as of 1430, results from 180 constituencies: Kibaki-- 3,842,051 and Raila is 3,880,053.
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[updated Nairobi time: 18.15]
KTN shows beefed up security outside KICC with GSU guards and dogs.
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[updated Nairobi time: 18.20]
KTN shows clips of ODM supporters in Nairobi who took to the streets earlier in the day brandishing machetes and other weapons.
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[updated Nairobi time: 18.24]
Another clip shows members of Kibera speaking against the violence that has been taking place in difference areas of the country.
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[updated Nairobi time: 18.55]
The Chairman and the 21 commissioners of ECK have met and decided to scrutunize and reassess all 210 constituencies to determine that there has been no foul play.
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[updated Nairobi time: 19.00]
ECK has agreed to have two representatives of each of the presidential candidates (party observers) to observe as they re-assess the votes. They will allow 50 for the morning conference (tomorrow at 6am) and 2 observers to stay overnight.
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[updated Nairobi time: 19.07]
ECK will have no more business to conduct today. There will be no more announcements. Kenyans will enter the fourth day after elections with 19 constituencies' election results still pending.
George Nyamweya and Uhuru have been calling on the ECK to caution that media results are not official results. This is as a result of the speculation that arose last night when Raila's lead dwindled very quickly.