Nairobi — Independent Electoral and Boundaries Commission (IEBC) Chairman Wafula Chebukati has named senior government officials who wanted to subvert the will of the people at the Bomas of Kenya during the announcement of the Presidential results.
Chebukati says about 10am of the said date, the National Security Advisory Committee (NSAC) members came to see him alongside other commissioners at the national tallying centre at Bomas, and asked him to ensure a runoff, if he couldn't declare Raila Odinga as the outright winner in the 2022 presidential election.
In his affidavit has listed the names of the NSAC delegation that were represented at the said meeting, including Principal Administrative Secretary at the office of the President Kennedy Kihara , Solicitor General Kennedy Ogeto, Inspector General of Police Hillary Mutyambai and LT. General Francis Omondi Ogolla the Vice Chief of Defences.
In his narration, Chebukati stated that prior to the arrival of the team, he had received a call from the Head of Public Service Joseph Kinyua informing him that he had sent a team that would like to discuss "assumption of office".
The IEBC Chairman noted that the message was relayed by Kihara, who cautioned that if he declared William Ruto as the President - Elect, 'the country is going to burn'
He proceeded to indicate that skirmishes between the Kikuyu and Luo communities had already started 'in several slums including Kibera and Mathare' on the basis of alleged 'betrayal by the kikuyu'.
"The second part of the message from the NSAC delegation was that if we cannot announce Raila Odinga as the outright winner, then we must ensure that there is a runoff," Chebukati submitted.
Chebukati went ahead to explain that after Kihara's remarks he invited all the commissioners to share their views, which were supported by commissioners Nyang'aya, Masit, Wanderi and Vice chairperson Cherera.
According to Chebukati, Commissioner Abdi Guliye was of the view that the commission has a constitutional mandate and that in declaring the results it will be guided by the same constitution and applicable law.
Commissioner Boya Molu expressed a similar view.
On his part Chebukati who was last to speak said that he had taken an oath of office which required fidelity to the constitution.
He gave a flow of events leading to the declaration of William Ruto as President-Elect, saying that he begun by handing copies of the results to all the commissioners.
He said that upon receiving the results a debate ensued.
"Four Commissioners Vice Chair Juliana Cherera, Justus Nyang'aya, Irene Masit and Francis Wanderi protested and insisted that the results should be changed in the light of the NSAC delegation's communication," reads the affidavit.
Sign up for free AllAfrica Newsletters
Get the latest in African news delivered straight to your inbox
According to Chebukati, Commissioners Masit and Wanderi were of the view that results should be pushed towards a rerun, when Guliye asked how this would be done, Cherera suggested that 233,211 Ruto's votes be moved to the rejected category.
He submitted that Commissioners Guliye and Molu insisted that the Commission should act strictly in accordance with the Constitution and the law.
"Having heard the views of all the commissioners, I maintained that I would not sit and discuss subversion of the will of the people, and that I will announce and declare the final results in accordance with the verified tallies," he said.
Chebukati in his submission states that he reminded his colleagues of the oath of office they took and that they shouldn't usurp the will of the people, and proceeded to present the results to the agents and finally make the declaration.
Chebukati accompanied by Commissioners Molu and Guliye made their way towards the auditorium where Guliye was to announce results from the remaining 27 constituencies.
He explains that chaos ensued before Guliye could read out the results which had already been populated in the Form 34C.
Chebukati has maintained that he remained to his oath of office, and fulfilled his constitutional mandate despite threats, pressure and intimidation.
He also reiterated that the 2022 presidential election was free, fair and credible and asked the Supreme Court to dismiss the petition.
