Raila: Supreme Court emboldened ‘rogue public officer’ Chebukati in 2017

Azimio la Umoja Presidential candidate Raila Odinga has described Independent Electoral and Boundaries Commission chairman Wafula Chebukati as a rogue public officer who went out of his way to subvert the will of the Kenyan people.

In his petition against the election of President-Elect William Ruto, Raila says that Chebukati was emboldened by the Supreme Court judgment in 2017 through the judges’ failure to find him personally responsible and culpable.

“That decision, as this petition will show emboldened a rogue public officer, who with willful, fraudulent and criminal intent, set out to subvert the sovereign will of the people of Kenya and the constitutional order in the conduct of the 9th August 2022 presidential election,” Raila and his running mate Martha Karua say in their petition.

In 2017, Raila had the win of President Uhuru Kenyatta’s re-election nullified by the Supreme Court and is seeking a similar fete against Ruto following the August 9 election. Raila has listed the IEBC, Chebukati and the other commissioners as well as Ruto as the respondents.

The Raila petition argues that in spite of the 2017 decision of the Supreme Court, Chebukat has not only continued to act and operate outside the law, “but his conduct has also escalated to blatant and wilful subversion” of the Constitution and the will of Kenyans.

“…and what is simply a criminal enterprise,” the 72-page petition reads.

According to Raila and Karua, Chebukati has shown a clear pattern of his inability to run the commission in accordance with the Constitution. They also cite the resignation of IEBC commissioners after the 2017 election as well as the differences that have played out in public between the commission and four others in the current electoral cycle.

The petition claims that Chebukati went ahead to declare Ruto as President-Elect without the tallying and verification, by the Commission, of results from 27 constituencies, “and whose outcome or count has an effect on the final result and outcome of the presidential elections.”

“The ‘result’ declared by the 2nd respondent was not arrived at in accordance with Constitutional requirements and are therefore unconstitutional, invalid and void,” the petition reads.

Raila and Karua also tell the court that they will demonstrate that the result used to declare Ruto as the President-elect was fraudulent and thus invalid, null and void as the UDA candidate did not attain the Constitutional threshold of 50 per cent plus one voter off all the votes cast in the election.

They further state that Chebukati had the knowledge that there was interference with the integrity, credibility and security of the presidential election. They say that it is a fact that Chebukati did not act to deal with the breach of the integrity and credibility of the presidential result making the result invalid and inaccurate.

Raila and Karua want the Supreme Court to declare that Chebukati is unfit to hold public office and that he, IEBC, Ruto and Commissioners Abdi Guliye and Boya Molu “jointly and severally committed election irregularities”

IMAGE: Azimio Presidential Candidate Raila Odinga at the Supreme Court to file his presidential petition accompanied by other leaders of his coalition. PHOTO/SILA KIPLAGAT/NMG

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