Kenya: Supreme Court Allows Joseph Kinyua's Affidavit On Nsac Meeting With IEBC

30 August 2022

Nairobi — The Supreme Court has allowed the affidavit by Head of Public Joseph Kinyua on the meeting with the Independent Electoral and Boundaries Commission (IEBC) at Bomas of Kenya.

Kinyua who chairs the powerful National Security Advisory Committee (NSAC) had denied claims by Independent Electoral and Boundaries Commission (IEBC) chairman Wafula Chebukati that it made an offer for the moderation of presidential election results to favour Azimio candidate Raila Odinga.

In his replying affidavit, Kinyua admitted that officials met the electoral body but to only address security concerns raised.

'I categorically deny the second respondent's insinuation that I arranged a meeting between him and members of the NSAC with a view to influencing the outcome of the presidential election held on August 9, 2022, in favor of a particular candidate," Kinyua stated in the affidavit filed in court Monday, in response to Chebukati"s explosive dossier submitted to the Supreme Court.

The meeting with the Commission, he pointed out, was at the Bomas of Kenya where "members of the public were present together with various political parties, party agents and even the candidates themselves."

"Had the intention of the NSAC been as sinister as sought to be portrayed in the affidavits, the subject of this response, the meeting would not have been requested and held at such an open and public venue with all the commissioners present," his affidavit read.

In his replying affidavit, Chebukati listed Kinyua among other top government officials who wanted to subvert the will of the people at the Bomas of Kenya during the announcement of the Presidential results.

According to the IEBC chairman, the NSAC members went to see him alongside other commissioners at the national tallying centre, and asked him to ensure a runoff, if he couldn't declare Raila Odinga as the outright winner in the 2022 presidential election.

In the affidavit, he also listed 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 as having attended the meeting.

In his narration, Chebukati stated that prior to the arrival of the team, he had received a call from Kinyua informing him that he had sent a team that would like to discuss the "assumption of office".

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