NAIROBI, Kenya, Aug, 20 – The country’s electoral body, the Independent Electoral and Boundaries Commission (IEBC) has no doubt ‘tainted’ its reputation with a section of the Kenyan electorate casting aspersions on its capability to conduct a free and fair elections.
Since the announcement of the presidential election results where United Democratic Alliance (UDA) presidential candidate William Ruto was declared president-elect, narrowly defeating Azimio La Umoja-One Kenya Alliance presidential candidate Raila Odinga in the results made public by its chairperson Wafula Chebukati, the commission is yet again bracing itself for a legal battle with the latter set to protest the outcome of the polls.
At the center of the controversy, is Wafula Chebukati, who despite being hailed as a ’hero’ by one faction of the political divide, was also described as a ‘dictator’ by another with members of his own commission even describing him as being autocratic.
“Regrettably, Mr Chebukati clothed himself with autocratic powers and declined to avail the results for verification as duly required by law before the said results are announced,” read a statement by the four commissioners.
In what has been a back and forth between Chebukati and four dissenting commissioners among them IEBC vice chairperson Juliana Cherera, commissioner, Justus Nyang’aya, Francis Wanderi, and Irene Masit, the poll body chairman was accused of unilaterally declaring presidential election results without plenary verification as stipulated by law.
“We wish to categorically state that from his statement, the chairman Mr Chebukati appears to have misconstrued his role and that of the Commissioners and further misunderstood the Constitutional and legal mandate to verify results by the Commission to mean what he vaguely characterised as ‘moderation’ of those results,”
The statement issued by the court on Friday cited Article 88 (4) of the Constitution that states that the “Commission shall verify the results transmitted under this section are an accurate record of the results tallied, verified and declared at the respective polling stations.”
They further refuted claims that they attempted to ‘moderate’ the outcome of the election results.
“At no time did the Commission seek to ‘moderate’ election results but rather requested that a proper verification as envisaged by the Constitution be carried out. His actions and conduct were unorthodox and turned the Commission into a one-man show circus in an attempt to subvert the Constitution, electoral laws and the will of the people, “said the four commissioners.
The poll body’s chairperson Chebukati however maintains that the ‘rift’ is a result of the four dissenting commissioners wanting to ‘force’ a re-run of the elections.
“However, during a briefing meeting held on 15th August 2022 at around 3.00 pm before the final declaration of the Presidential Election results, the four Commissioners i.e. Juliana Cherera, Francis Wanderi, Justus Nyang’aya, and Irene Masit demanded that the Chairperson moderates the results for purpose of forcing an election Re-run contrary to their oath of office. This is tantamount to subverting the Constitution and the sovereign will of the People of Kenya,” said Chebukati.
He further said that he involved all the commissioners in all the activities of verification and tallying.
“The Chairperson refused to yield to this unconstitutional and illegal demand and proceeded to declare the results of the Presidential Election as received from the polling stations, and contained in Form 34A, in accordance with the law,”
Most Transparent Election
Chebukati said that the August 9 polls was Kenya’s most transparent elections since independence.
He cited availing of all result Form 34As that were uploaded in real-time on the public portal, and the delivery of original Form 34As to the National Returning Officer for tallying and verification by the 290 Constituency Returning Officers and one Diaspora Returning Officer as some of the reasons the exercise was transparent and fairly successful.
Also, agents of all Presidential candidates are said to have participated in an elaborate verification process as Form 34C which contains the final tallies of all the 46,229 Form 34A from polling stations was also uploaded on the public portal for access.
“The alleged 0.01 percent increase in the Presidential Election results raised by the four Commissioners namely Juliana Cherera, Francis Wanderi, Justus Nyang’aya and Irene Masit, is false and misleading. Please refer to the attached tabulation that provides a scientifically accurate analysis. We urge Kenyans to interact with these results and make an objective judgement,” said Chebukati who noted that,” If any of the parties elects to file petition, it is within their constitutional right and the Commission shall have an opportunity to respond and demonstrate in further detail the circumstances under which the election was conducted, results verified and outcome declared in accordance with the constitution and the law,”
Presidential Election Results
The tight presidential race saw Ruto emerge victorious in the announcement made by Independent Electoral and Boundaries Commission (IEBC) chairperson Wafula Chebukati.
Chebukati said that Ruto garnered 7,176,141 votes representing 50.49 per cent of the total votes cast nationwide.
“He achieved the minimum number of 39 counties at 25 per cent,” he said.
“In accordance with the constitution and the law, I Wafula Chebukati, Chairperson of the IEBC, hereby declare that Ruto William Samoei, has been duly elected as the president of the Republic of Kenya under the provisions of article 138 of the constitution in the presidential election held on August 9, 2022,”
Azimio La Umoja-One Kenya Alliance presidential candidate Raila Odinga emerged second in the race garnering, 6,942,930 votes. This represents 48.85 per cent of the total votes cast.
Other candidates in the race included Roots Party’s George Wajackoyah who garnered 61,969 representing 0.44 per cent of the total votes cast. He came in third in the race.
Agano party’s David Mwaure Waihiga who came in fourth garnered 31,987 votes which represents 0.23 per cent of the total votes cast.
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