Nairobi — The Independent Electoral and Boundaries Commission (IEBC) now wants Raila Odinga held to account for orchestrating the chaos at the Bomas of Kenya saying it was a transgression of the constitution.
Through his lawyer Kamau Karori, IEBC claimed that Odinga who is the first petitioner in the consolidated petition should be faulted for seeking relief in court against his move not to announce results in twenty seven constituencies.
Karori argued that the move by Chebukati not to announce the remaining constituencies was a making of Odinga through his agents who caused violence at Bomas of Kenya, moments to the declaration of the presidential results.
"Nobody should stop the process of the constitution that results to the establishment of a government. Stopping that process is equivalent to preventing the constitution from being effected. It's a transgression against the constitution," he said.
Citing Chebukati's affidavit, Karori told the court that commissioner Abdi Guliye was supposed to announce the remaining results but with the prevailing chaos at the podium, he was unable to do so as they had scampered for safety.
In his affidavit, he named Odinga's lieutenants led by Chief Agent Saitabao Ole Kanchori James Orengo, Otiende Amolo, Governor Anyang Nyong'o, Ledama Ole Kina, Gladys Wanga and Paul Mwangi surrounded them moment before the chaos.
"It can't fall from the lips of those people who tried to stop that process from coming before you and say the results of 27 constituencies were not publicly announced an yet you know, you are the one who precipitated a situation where there was disorder and chaos," Karori told the 7 judge bench.
Chebukati counsel upheld that the tallying of the remaining 27 constituencies was done in accordance to Article 138(3c) of the constitution hence it's a weak argument that the poll chair subverted the will of the people.
"It's critical that it becomes clear to political players that decision on who will become the president of this nation is done at the polling station," he stated.
If the numbers of the votes you got are not enough then the problem is not with the at the declaration but on the people you failed to convince to vote for you in sufficient numbers," Karori said.
Further, Karori in his defense elaborated that the constitution doesn't envisage that the announcement or declaration constituency results should precede the declaration of presidential results.
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"Article 138(3c) doesn't not talk about announcement of the results in the constituencies as a precusor or what will justify and validate the outcome," he said.
In their petition,The Azimio la Umoja One Kenya Coalition claimed the election results from 27 constituencies were omitted in the final tally declared by the IEBC chairman.
The Raila Odinga-led coalition says Chebukati should have declared the results as provisional pending the tallying and verification of results from the 27 electoral units.
The constituencies include Borabu, Mvita, Matuga, Kilifi North, Kapenguria, Ndaragua, Kacheliba, Narok north, south and west as well as Kajiado East.
Others are Kanduyi, Rangwe, Nyakach, Ndhiwa, Suba North, Kuria east, Bomachoge, Kitutu Chache North and West Mugirango.
The coalition says prior to the August 15 declaration, IEBC was yet to upload on the public IEBC portal Forms 34As from the 27 constituencies.
