Nairobi — Independent Electoral and Boundaries Commission (IEBC) chairman Wafula Chebukati now says the vice - chairperson Juiana Cherera wanted to transfer President-Elect William Ruto's 233, 212 votes to the rejected ballots category in a bid to force a run-off.
In his replying affidavit, Chebukati stated that Cherera, Justus Nyang'aya, Irene Masit and Francis Wanderi had already developed a pre-arranged consensus towards altering the results.
The IEBC chairman pointed out that Ruto attained the 50pc plus one threshold and was lawfully declared President-Elect.
According to Chebukati, he was guided by Article 138 (4) of the constitution which provides that a candidate shall be declared elected as president if the candidate receives more than half of all the votes cast and at least twenty-five percent of the votes cast in each of more than half of the counties.
"I am aware that observers and other Independent agencies who conducted their own monitoring, review and tallies of the elections have affirmed that the election was free and fair,"
Chebukati was responding to a petition filed by Odinga and Martha Karua at the Supreme Court.
Commissioner Guliye also accused the four dissenting Commissioners led by Vice Chairperson Juliana Cherera of illegally wanting the electoral body to declare Raila Odinga President or force a runoff.
In his responses to Odinga's Petition which is seeking to overturn President Elect William Ruto's win, Guliye said the four were honoring a request from leaders allied to Odinga
Sign up for free AllAfrica Newsletters
Get the latest in African news delivered straight to your inbox
Guliye stated that Former Jubilee Party Secretary General Raphael Tuju, Former Kitui Governor Charity Ngilu, Former Attorney General Amos Wako arrived at the Bomas of Kenya, the National Tallying Center at 3am on August 15, hours before the results were announced and requested the commission to "moderate" the results and have Odinga announced winner or force a runoff.
"When all the commissioners arrived, the meeting was commenced by the chairperson by inviting the visitors to state their issues. Wako indicated that they had come to ask the commission not to operate in a vacuum and that it must consider the link between the election results being declared and the stability of the country which he described as the bigger picture," Guliye stated.
He pointed out that Tuju told the commission that it was necessary for the results to be moderated in favour of Raila Odinga and if it was impossible force a runoff.
"Tuju indicated that it was necessary for the results to be 'moderated in favour of baba' and that on the contrary declaration of results would ' plunge the country into chaos," said Guliye.
"As an alternative, he suggested that in the event it was not possible to declare 'baba' as the president-elect, then the commission should force a run-off. He that should his request be granted; it could be adequately awarded."
