Kenya: President-Elect Ruto, IEBC Conclude Submissions in Presidential Suit as Judges Seek Clarifications

1 September 2022

Nairobi — Respondents in the petition challenging President-Elect William Ruto's victory in the general election concluded on Thursday after which the seven-judge bench sought clarification on a number of points including divisions at the Independent Electoral and Boundaries Commission (IEBC) at the Bomas of Kenya.

The bench led by Chief Justice Martha Koome queried on why the electoral body's chairman Wafula Chebukati did not assign other commissioners duties during the tallying and verification of votes.

"Why did the chairman not insist on assigning commissioners domestic chores leaving the duty to the CEO to supervise activities at the National tallying Centre?" she asked.

Koome asked Chebukati's lawyers why he did not wait a bit longer to announce the results as he sort to resolve the differences that had arisen between the commissioners so as to reach a consensus.

Justice William Ouko for his part wanted an explanation on whether Chebukati was gazetted as an agent of the commission it a national returning officer even as Deputy Chief Justice Philomena Mwilu sought to know the role of the other commissioners especially during the elections.

Justice Isaac Lenaola echoed Koome’s question to EBC which was represented by former Attorney General Githu Muigai as to why Chebukati did not wait for the extra remaining day to allow a consensus among the commissioners and at the same time reduce suspicions.

Justice Smokin Wanjala asked about Chebukati’s oversight and sought to know at what point he disengages from the commission.

He further sought clarity on the Venezuelans involvement in the election exercise and especially on their maintenance of the system.

On Wednesday, the bench sought clarity on submissions by petitioners.

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