Dissenting IEBC commissioners agree with Wafula Chebukati
The four dissenting Independent Electoral and Boundaries Commission (IEBC) commissioners have said they respect Supreme Court’s judgement that upheld President-elect William Ruto’s victory.
The commissioners – Juliana Cherera, Irene Masit, Francis Wanderi, and Justus Nyangaya – released a statement agreeing with IEBC chairperson Wafula Chebukati’s stand that an election is a process and not an event.
“We wish to reiterate that we stand by the rule of law and statutes that promote the effectiveness of the work of the commission,” they said.
Chebukati had also termed the judgement by the Supreme Court as a vindication of the commission, which had to put up with a barrage of insults, personal attacks, and physical attacks.
“The Supreme Court judgement is a testimony that the commission conducted a free, fair and transparent, and credible general election that met the democratic aspirations of the people of Kenya,” said Chebukati.
The split at the IEBC was front and center during the just concluded presidential election petition that alleged hacking of IEBC servers, colluding, and heavy-handedness by the chairperson.
In their unanimous judgement, the seven judges found that the power to tally and verify is not in the chairperson of IEBC but in the commission. The chairperson cannot arrogate the power to tally and verify the results to the Elections Act to the exclusion of other commissioners, they added.
“We note that aside from their 11th hour walkout, the four commissioners have not placed before this court any document to show the elections result was altered, ” said Chief Justice Martha Koome.
In their affidavits, the four commissioners told the court that they were alienated from the tallying and verification of votes at the Bomas of Kenya.
The court however disagreed with the commissioners saying in their view, the commissioners actively participated in the tallying and verification exercise from the beginning until just before the declaration of the final results by the chairperson.
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