NAIROBI, Kenya, Aug, 20 – Azimio La Umoja-One Kenya Alliance will only concede defeat if the results of the just concluded presidential elections are upheld by the Supreme Court of Kenya according to the coalition’s presidential running mate Martha Karua.
The alliance is expected to file a petition on the matter after the Independent Electoral and Boundaries Commission (IEBC) declared United Democratic Alliance (UDA) presidential candidate William Ruto the president-elect.
A day after the announcement Raila Odinga in a press conference rejected the results signaling a looming legal battle.
“When the court renders its judgment,it will be final, even if you do not agree with it. We must remain calm and respect the court’s decision,” said Karua.
The deadline to file the presidential election results is Monday, August, 22 at 2 pm.
Karua says the presumptive winner of a presidential race even though declared is not sworn-in until the time for filing a petition is over and not filed or a petition is filed and determined.
She further made reference to the scenario in 2013 and 2017 when president Uhuru Kenyatta was only sworn in after a presidential election petition was determined.
Odinga had earlier this week termed the presidential election results null and void saying the decision must be ‘quashed’ by the courts.
“In our view, there is neither a legally and validly declared winner nor a President-elect. Mr Chebukati’s announcement purporting to announce a winner is a nullity. He acted with gross impunity and in total disregard of the constitution and our laws. He could have plunged our country into chaos had our supporters not exercised great restraint,” he said.
Odinga further accused Chebukati of running a ‘one man show’ despite defined roles being laid out within the poll body.
“It is not up to us to decide whether Mr Chebukati has committed an offense. We leave that determination to the appropriate authorities. For the avoidance of doubt, I want to repeat that we totally and without reservations reject the presidential results announced yesterday by Mr Chebukati,”
“I urge them to continue to do so. Let no one take the law into their own hands. We are pursuing constitutional and lawful channels and processes to invalidate Mr Chebukati’s illegal and unconstitutional pronouncement,” he said.
The former premier said that the law provides that, unless a unanimous decision is reached, a decision on any matter before the commission shall be made by a majority of the members present and voting.
“The IEBC is structured as a democratic institution in which decisions must be taken either by consensus or by a vote of the majority. The chairperson and a tiny minority of commissioners have no legal authority to take weighty decisions and proclaim them as the rulings of the IEBC,”
“The Court of Appeal in the Maina Kiai case … there is no doubt from the architecture of the laws we have considered … ruled that the people of Kenya did not intend to vest or concentrate such sweeping and boundless powers in one individual, the chairperson of the appellant,” Odinga said.
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 represent 0.23 per cent of the total votes cast.
“He denied all the commissioners access to that information until he suddenly appeared before the commissioners in the late afternoon to present them with a fait accompli [a thing that has already happened or been decided before those affected hear about it, leaving them with no option but to accept it,” said Odinga.
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