August 9

Supreme Court battle: Chebukati files response to Raila’s petition

Saturday, August 27th, 2022 16:55 | By
iebc chair Wafula Chebukati
IEBC chairperson Wafula Chebukati. PHOTO/Courtesy

The Independent Electoral and Boundaries Commission (IEBC) chairman Wafula Chebukati has filed his response to the presidential election petition lodged by the Azimio la Umoja One Kenya coalition ahead of the hearing that is scheduled to kick off on Tuesday next week.

His lawyers Peter Wanyama and Kamau Karori filed the petitions' responses.

In his response, Chebukati argues that the election was conducted in a free and fair manner terming the petition filed by the coalition's leader Raila Odinga and his running mate Martha Karua as vague.

The IEBC chair also argues that the figures projected on its portal did not affect the results as claimed by the coalition adding that all Party agents were given equal opportunity to verify the results, denying reports that forms used to declare results were not authentic.

The court papers also read that after the four dissenting commissioners led by vice-chairperson Juliana Cherera, Nyang'aya, Irene Masit and Francis Wanderi concluded their remarks they were the first to comment on the said message and supported the adoption of the same before deciding on the results.

It adds that commissioner Abdi Guliye thought that the commission had a constitutional mandate and affirmed that the declaration of results would be guided by the constitution.

"Guliye nonetheless indicated that we had heard them (Kihara, Ogeto, Mutyambai and Ogolla). Commissioner Boya Molu expressed the opposition that he will support the declaration of verified results by the Returning Officer of the Presidential election, " Chebukati says.

Chebukati additionally claimed that he informed the four NSAC delegations that despite the message he will abide by the oath of office

He additionally noted that the commission's CEO Marjan Hussein walked into the board and handed all commissioners copies of the final results immediately after the delegation left the commission.

According to the commission's chair, a debate ensued after the four dissenting commissioners protested and insisted that the results must be changed in light of the NSAC delegation communication.

He added that Masit and Wanderi were of the view that the results should be pushed towards a re-run while Cherera suggested that President-elect William Ruto's votes should be slashed by at least 233,211 to force a re-run.

"Having heard the views of all the commissioners, l maintained that l wound not sit and discuss subversion of the will of the people, and that l will announce and declare final results in accordance with the verified tallies as verified and tallied by the commission," Chebukati said.

Chebukati claims that the disagreement forced him to storm out of the board room accompanied by commissioner Guliye, Molu, and CEO Marjan and headed towards the auditorium at Bomas of Kenya.

The IEBC chair further confirmed that he did not relay presidential results from 27 constituencies as required defending that Commissioner Guliye who was to announce them had been attacked.

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