Githu Muigai Calls Out Lawyer’s Submissions On ‘Flawed’ IEBC Yet Some Were Declared Winners By The Poll Body In The Elections

NAIROBI, Kenya, Sept, 1 – Former Attorney General Professor Githu Muigai who is representing the Independent Electoral and Boundaries Commission (IEBC) accused the petitioner’s counsel who are opposing the declaration of William Ruto as president-Elect of double standards yet they themselves were declared winners in their respective contests by the poll body.

Muigai called out Senior Counsel James Orengo and Professor Tom Ojienda for questioning the outcome of the presidential election results yet they overwhelmingly won their gubernatorial and senatorial seats respectively as announced by IEBC.

“You have been urged by several counsels who have spoken before you to find that this election was irretrievable flawed. That from the word go one counsel said everything that went wrong went wrong,” said Muigai who further said,” What would be the consequences of that? First of all and I say this with the most tremendous respect, you have been addressed by counsel of great eminence including my learned senior James Orengo, my learned junior professor professor Tom Ojienda, in this court as we sit here this morning, there are not less than three governors addressing you elected under this governor, there are no less than four senators elected under this election and there are no less than four members of parliament lecture under this election,”

The former AG said that the claims that IEBC was ‘incompetent’ were out of order since claims argued in court by the petitioners also cast doubt on the entire election process.

“If that be true and we deny that is true then that would mean that everything from voter registration, education procurement, nomination, voting, counting tallying, verification and declaration was totally flawed,” he said.

“When my lords, it is not in my place to suggest the questions to put to counsel but I would plead to you to put that question to counsel when they return to the podium, are they happy with their own sections? If they are then, how then is it that this election is irredeemably flawed? I suggest with tremendous respect that that is the use of hyperbole,”

At least 11 petitioners have challenged the outcome of the presidential election rules saying that there was widespread and deliberate non-compliance with the constitution and electoral laws during the August, 9 polls.  They further urged the Supreme Court to cancel the entire process.

“We can’t be coming to you every election with the same problem involving the same people. That’s why we are calling for criminal sanctions against Mr Chebukati,” said lawyer Willis Otieno.

“My biggest problem with IEBC is that, for five years, they did nothing. The Supreme Court had given directions in 2017 on what IEBC should do but it did nothing. The same mistake they did in 2017 has been repeated,” said Senior Counsel Zehrabanu Janmohammed,

“It is again important to ask the question: Where were the other commissioners when the chairman was tallying and verifying results?”  asked Paul Nyamodi representing Youth Advocacy Africa.

“We are talking about an electoral commission that is dysfunctional and cannot be able to carry out an election. That is a matter that this court should not disregard,” said Senior Counsel James Orengo.

“The IEBC elections technology was so inherently corrupted, manipulated and tainted that results declared cannot be said to represent the will of the people,” said senior Counsel Philip Murgor.

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.