Chebukati: Quartet sought poll re-run
By Peter Leftie, August 18, 2022
The elections boss Wafula Chebukati yesterday came out fighting against claims that he bungled last week’s presidential election, instead accusing the four rebel commissioners of attempting to alter the outcome and force a re-run.
In a statement, he sensationally accused the four commissioners: vice-chairperson Juliana Cherera, Francis Wanderi, Justus Nyang’aya and Irene Masit of demanding that he moderates the results to create room for a re-run.
“As the gazetted National Returning Officer and in the spirit of teamwork, the Chairperson involved all Commissioners including Juliana Cherera, Francis Wanderi, Justus Nyang’aya and Irene Masit in all activities of verification and tallying. Their duties were well defined in writing and allocated at the National Tally Center (NTC). They had access to all results beforehand and interchangeably announced them for six (6) days in full glare of live television,” Chebukati stated.
“However, during a briefing meeting held on August 15 at around 3pm before the final declaration of the Presidential Election results, the four Commissioners 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,” he stated.
“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,” he added.
On Monday, the four commissioners dramatically disagreed with Chebukati and fellow commissioners Abdi Guliye and Boya Molu, stormed out of the Bomas of Kenya and addressed a press conference at a city hotel accusing the former of bungling the election. Among other things, the commissioners in a statement read by Cherera accused Chebukati of running the exercise in an “opaque” manner.
Dissenters
Dissenting commissioners would call a press conference at the same hotel on Tuesday where they questioned the results for the presidential election announced by Chebukati. The four disowned the final presidential results that declared Deputy President William Ruto as president-elect alleging the figures are a “mathematical absurdity that defies logic.”
They claimed that the results from certain constituencies had not been announced. While declining to take ownership of the declared results, the commissioners said the aggregation of the figures resulted in a total exceeding 100 percent which casts doubt on the accuracy of the source of the figures tallied.
Ruto received 50.49 percent of the vote, while Odinga received 48.85 percent.
Azimio la Umoja’s Raila Odinga had 48.88 percent, David Mwaure (0.27 percent), and Roots Party’s George Wajackoya 0.44 percent.
“When we demanded that we verify the results. Chairman Wafula Chebukati declined, overruled us, and insisted on declaring and announcing the said figures,” said Cherera.
“Contrary to the Constitution and legislation. The results declared and announced do not indicate the total number of registered voters, the total number of votes cast, or the number of rejected votes if any,” Cherera said, adding that the results announced by Chebukati lacked a critical ingredient. Azimio la Umoja-One Kenya Presidential candidate Raila Odinga at a separate press conference on the same day rejected the results, terming them null and void. Raila said that the figures announced by Chebukati were null and void and should be quashed by a competent court of law.
Verification
But yesterday, Chebukati defended his conduct in the verification, tallying and declaration of the presidential election results, saying the law vested the powers in the commission’s chairman.
“The role of National Returning Officer for Presidential Election is not a shared responsibility and not subject to Plenary decisions of the Commission.
All Returning Officers including the National Returning Officer for Presidential Election took an individual oath of secrecy before embarking on their duties. In addition, the Chairperson and Commissioners took oath of office at the time of appointment. It is an oath of office that the Chairperson faithfully executed, when he declared the results for the Presidential Election on Monday, August 15,” Chebukati stated.
He termed the just ended election “the most transparent election that the Commission has ever held. All results Form 34As were uploaded in real time and are available in the public portal; the original Form 34As were delivered to the National Returning Officer for tallying and verification by the 290 Constituency Returning Officers and 1 (one) Diaspora Returning Officers,’ he explained.