Nairobi — The Independent Electoral and Boundaries Commission (IEBC) now says the four dissenting commissioners were either negligent or unaware of their responsibilities at the Bomas of Kenya National Tallying Centre.
Lawyer Abdikadir Mohamed who was representing the IEBC and Chairperson Wafula Chebukati accused the four commissioners of being part of a scheme with the petitioners to subvert the will of the Kenyan people.
"This really was the scheme. It was the rapture. You asked yesterday how come we have not heard of this dysfunctional commission earlier because it was a process that was going on and at the point of disagreement is at the point where we have the rapture," Mohamed said.
"From that point onwards, those commissioners were part of the scheme and this time round, instead of announcing the wrong results, it is aimed at getting this court to overturn the results."
Mohamed further told the Supreme Court Judges led by Chief Justice Martha Koome that there is no problem with the commission but how Kenya's politics is conducted
"We have taken radical steps that have taken lives, livelihoods or the commission has been disbanded just to ensure a credible election is delivered to Kenyans. Our law has no problem, our elections have no problem. The problem lies with our politics and our political culture. That cannot be legislated and cannot be delivered through litigation," said Mohamed.
The four commissioners who include IEBC Vice Chairperson Juliana Cherera, Irene Masit, Justus Nyang'aya and Francis Wanderi disowned the presidential results few hours before the declaration of William Ruto as President Elect was made.
In the consolidated petition led by Azimio La Umoja one Kenya presidential Candidate Raila Odinga, asked the court to nullify the August 9 election because the Commission had rigged it in favor of Ruto.
He further stated that the IEBC was dysfunctional and could not be trusted to have delivered a credible election
In his prayers he also submitted that Ruto had failed to attain the 50 percent plus one vote required by law.
IEBC Chairperson Wafula Chebukati, on August 15, 2022, declared Ruto the President-Elect after garnering 7,176,141 (50.49 percent) votes against Odinga, who got 6,942,930 votes (48.85 percent).
After hearing submissions from all parties, the supreme court will issue its verdict by Monday.