Kenya: Chebukati is a Hero and Odinga Should Accept Defeat - Githu Muigai

1 September 2022

The Supreme Court was on Thursday told that the Independent Electoral and Boundaries Commission (IEBC) Chairperson Wafula Chebukati is a "hero" whose input in Kenya's elections will forever be remembered.

The court heard that Chebukati, who has extensively been accused of bungling the August 9, 2022, general election is an outstanding man whose only wrong "was doing the right thing."

"At an appropriate time when all this is over, I entertain no doubt that an independent group of people looking at the work that Chebukati has done for our nation will recognize him as one of our outstanding heroes in the history of our nation," former Attorney General Githu Muigai who is representing Chebukati submitted.

Chebukati declared William Ruto President-Elect in the hotly contested election on August 15, 2022, but Raila Odinga, who was vying for the fifth time, unsuccessfully, believes he was denied victory.

Odinga is challenging Ruto's victory and has blamed Chebukati for overseeing a shambolic exercise.

Odinga wants the election nullified.

The Commission, however, maintained that the 2022 poll was one of the fairest it has ever overseen in Kenya's election history.

"This election was conducted as most International observers observed. It was the fairest. All observers concluded that it was an open, transparent election," Muigai said.

Chebuklati submitted in court that the former Prime Minister was on a witch-hunt mission.

He stated that his petition was "full of generalities, innuendos, and hypothecations."

Over the years, the seven-judge bench was told that Odinga had formed a pattern where he resorted to pointing fingers at the Commission after losing in an election.

"There's something very wrong with the way the people participate in the electoral process. Accept winning or losing; that's the problem," Muigai said.

Muigai cited previous elections in which Odinga had targeted the respective Chairpersons of the electoral body after losing, noting that "he has never allowed them to live office in peace."

He regretted that Odinga had leveled accusations against Chebukati without producing "any shred of evidence" and focused on being "speculative and vindictive."

"The vilification against this gentleman goes beyond anything we have ever had in this Courthouse. It was personalized. It was vindictive. It intended to lower his standing in our community and the legal profession. It was unwarranted," Muigai said.

The court was also told that the four commissioners who disowned the presidential results were mischievous, with Muigai questioning their last-minute decision to break away from the Commission.

"We have an election conducted up to the 11th and a half hour, and everybody is on board. Everybody is on board. The public can see them declaring the results. What is this that happens within the half hour? Muigai posed.

Muigai pleaded with the Martha Koome-led bench to disregard Odinga's petition in totality and uphold the people's will, insisting that "the numbers do not lie."

The court will issue its verdict on the petition on Monday.

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.

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