Nairobi — The Independent Electoral and Boundaries Commission (IEBC) has dismissed claims that its decision to postpone elections in five electoral areas from August 9, 2022, led to voter suppression.
Azimio presidential candidate Raila Odinga, who is challenging President-Elect William Ruto's victory, claimed that actions by the electoral commission to postpone the polls in areas perceived to be his strongholds directly impacted in the voter turnout.
"The allegation of voter suppression due to postponement of these elections is not a question of hypothesis. It is a question of facts and numbers," IEBC lawyer Mahat Somane told the Supreme Court.
The areas affected included - Gubernatorial elections in Kakamega and Mombasa as well as parliamentary elections in Pokot South, Kitui Rural, Rongai, and Kacheliba as well as Wards elections in Nyaki West in North Imenti constituency and Kwa Njenga in Embakasi South.
The elections in the five areas were postponed due to a mix-up of ballot papers identified on August 8, 2022, a day before the actual day of voting.
The Commission later rescheduled the polls to August 23, 2022, but it never happened as the Commission's Chairperson, Wafula Chebukati, cited intimidation of its staff.
The polls eventually took place on August 29, 2022.
Lawyer Somane who used a PowerPoint presentation, demonstrated before the Martha Koome-led bench that Odinga's allegations did not correlate with how the voters in the affected areas voted on Election Day.
Using comparative data, lawyer Somane explained that turnout in the affected areas was higher than in the constituencies nearby for the parliamentary elections.
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In Kitui Rural, for instance, the voter turnout was 60.29 percent, and lawyer Somane noted that the percentage was similar to the voter turnout in Kitui Central and Mwingi Central.
In his data, lawyer Somane said the Kacheliba and Pokot South elections posted a higher percentage compared to Kapenguria and Sigor constituencies which neighbor the two affected areas.
He added that the situation was similar in Rongai as the turnout was higher in the neighboring constituencies of Njoro and Naivasha.
The narrative was the same according to his comparative data in the regions of Kakamega and Mombasa and at the electoral wards of Nyaki West in the North Imenti constituency and Kwa Njenga in Embakasi South.
The former Prime Minister, the leading petitioner in the presidential petition, has blamed the Commission for causing and denying him victory in the presidential election.
He wants the Supreme Court to nullify the election and declare that Ruto's win is null and void.
The Court will render its verdict on September 5, 2022.
Nullification of the election would send Kenyans back to the polls, which must be conducted within 60 days, with the specific day being November 4, 2022.
If the Judges uphold the election of President-Elect William Ruto, he will be sworn into office on September 13, 2022.
