Nairobi — Independent Electoral and Boundaries Commission (IEBC) Chairperson Wafula Chebukati has defended his move to announce the outcome of the August 9 presidential election on August 15 amid chaos at the National Tallying Centre.
His lawyer defended the position while responding to questions by the Supreme Court on why he did not consider postponing the announcement on August 16, the last day within which he could do so under the law, to try and resolve a disagreement with four other commissioners who stormed out.
Speaking before Supreme Court Judges hearing the presidential petition seeking to overturn President Elect William Ruto's victory, lawyer George Murugu pointed out that Chebukati could not continue risking the lives of the electoral body's staff after a spate of abductions and targeted attacks.
"He made consideration concerning the security of his staff who were at that particular time were suffering arrests, abductions and injuries to officials including commissioners. In his mind it was prudent to conclude the exercise since Article 138 (3) (c) had been fully satisfied and there was a legitimate expectation that the results were to be declared on that day, August 15, as had earlier been announced," Murugu said.
Murugu was answering a question posed by Justice Isaac Lenaola who sought to understand why Chebukati made the presidential declaration while other four Commissioners were at Serena Hotel disowning the results at the Bomas.
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"The events of 15th August are in our minds but remember there was an extra day by which Chebukati could have declared the results. Why did he wait until that day violence or no violence, reach out to the four commissioners and try reach a consensus; address the issue of 27 Constituencies so that these suspicion that has now cropped up would not have been an issue. Is there any other reason?" Lenaola posed.
The four commissioners who disowned the results were led Vice Chairperson Juliana Cherera.
The other three were Irene Masit, Justus Nyang'aya and Francis Wanderi.
"We have done the 2022 General Election in the most effective and efficient manner and ensured all the challenges have been contained but some things need to be put out there. We are rejecting the results the Chairman is about to announce at the Bomas of Kenya due to the opaqueness of the process during the final phase," Cherera said during the press conference.
In the consolidated presidential election petition, Raila Odinga asked the court to nullify the August 9 presidential election, accusing the Commission of rigging him out in favour of Ruto.
In the prayers, the petitioners also submitted that Ruto had failed to attain the 50 percent plus one vote required by law, allegations the commission denied.
Chebukati declared Ruto the President-Elect after garnering 7,176,141 (50.49 percent) votes against Odinga, who got 6,942,930 votes (48.85 percent).
The court will issue a verdict Monday.
