John Kiarie Waweru Po Box 55814-00200 Nairobi Hon.

Franklin Bett, Chairman, ODM National Elections Board, Orange House, Kilamani, Nairobi. Dear Sir, RE: ODM PARTY NOMINATIONS DAGORETTI NORTH I hereby lodge this formal protest letter seeking that no announcement be made and/ or the cancellation or annulment of any announcement or intended announcement and declaration of any results for the Dagoretti North ODM party Parliamentary nominations. That, as a result of the numerous irregularities and illegal goings on during the exercise, any announcement would put our party at risk of disqualification by the IEBC as per the laws governing party elections and nomination of candidates. I want to also request the ODM National Elections Board to investigate fully the acts and character of one Paul Simba Arati and his involvement directly and or through his agents in numerous election offences witnessed during the exercise. Throughout the period of the registration of voters, the campaign period, and during the nominations exercise. I would like to bring it to the attention of your esteemed board: THAT it is not in dispute that Paul Simba Arati was involved in large scale importation of voters during the IEBC voter registration exercise a matter that was reported to the security organs. (complaints reported at kilimani police) THAT this candidate has repeatedly peddled falsehoods with the intention of winning favour with the electorate. These falsehoods range from publishing campaign material portraying him as an elected Member of Parliament with the title Hon. While in reality he has never been elected to parliament to making false claims publicly during his campaign meetings that I (John Kiarie) won the Dagoretti Parliamentary seat but sold it for a handsome sum of cash to Hon. Beth Mugo because she is Kikuyu like me. (attached posters) THAT on the day of nominations, Paul Simba Arati aided the ferrying of voters from far flung areas to the polling stations and rewarded them with a facilitation fee in return for their votes against the election rules. (attached photos) Friday, 18 January 2013

THAT contrary to the election rules, his agents were involved in rampant vote buying within and around Gatina Primary, Kawangware Primary, Kilimani Primary, Kabiro School and Kileleshwa Primary polling centres. (attached photos, witnesses can be availed) THAT contrary to the election rules, this candidate hired buses and ferried several persons, some registered and others unregistered, to various polling centres including Kilimani, Kileleshwa, Kabiro and Gatina, where they proceeded to vote. (attached photos) THAT two suspected criminals are currently held at Central Police Station after being arrested being in possession of fake ballot papers and audio recordings exist which prove that they were in the process of selling to Paul Simba Arati 3,000 Dagoretti North ODM nomination papers. (incident covered widely in the media, OB number attached, audio recordings available, media footage and photos available) THAT one Abraham Choti Arati is currently held at the Muthangari Police Station after being arrested at Kawangware Primary School Polling centre, and awaits to be charged with the offence of being in possession of 12 ballot papers all marked in favour of Paul Simba Arati. THAT the Dagoretti North Returning officer one Mr. Richard and his presiding officers in all the polling centres, turned a blind eye on numerous illegalities and malpractices in all the polling centres including but not limited to: Locking out of many MCA and Parliamentary Candidates from the polling centres. Most notorious being Gatina, Kileleshwa and Kabiro polling Stations. Locking out of Candidates agents from the polling and counting exercise, most notorious centres being Kawangware, Gatina, Kabiro and Kileleshwa. Allowing campaigning, canvassing, and voter bribery in all the polling centres in the constituency. Allowing the ferrying of voters to the polling centres. Allowing multiple voting by many voters in all the stations. Allowing Campaign material, paraphernalia and insignia into polling stations. Allowing voter and candidate intimidation and harassment within polling and counting halls. It is my considered opinion that if ODM Party disregards these grave illegalities and proceeds to present a candidate without seeking to remedy the situation, the party stands to lose tremendously as the law provides for serious penalties on a party that sponsors unscrupulous candidates. Signed John Kiarie Waweru

Abraham Choti Arati brother to Paul Simba Aratiis currently held at the Muthangari Police Station after being arrested at Kawangware Primary School Polling centre awaiting to be charged for the offence of being in possession of 12 ballot papers all marked in favour of Paul Simba Arati.

Police report in the Occurrence Book at the Muthangari Police Station.

Buses Hired to ferry Voters to Kileleshwa Primary School. (confessions available)

A hired goon harasses and intimidates Voters and Aspirants at the Kileleshwa Primary School Polling Centre. Video recording of intimidation and harassment available.

Campaign material, Paraphernalia and Insignia allowed into the Kilimani Primary Polling Centre. The individual wandered freely and extensively within the polling centre promoting a candidate to the voters queuing to vote.

Voters receiving bribes outside Kileleshwa Primary Polling Station.

PEDDLING FALSEHOODS: Posters indicating that he has previously been elected and has served as a Member of Parliament while in reality he failed to win the Riruta Satellite Ward council seat in the 2007 elections and was nominated by the ODM party to the council in 2008.