The Supreme Court on Monday, September 5 ruled that the four IEBC commissioners who distanced themselves from the outcome of the August 9 presidential election results failed to provide any evidence of results tampering.
While delivering the final judgement on the presidential election petition challenging President-Elect William Ruto’s win, Chief Justice Martha Koome, said the bench had taken cognizance that the four commissioners actively participated in the tallying and verification exercise from the beginning until just before the declaration of the results by the Chairperson.
“We note that aside from their 11th-hour walkout, the four commissioners have not placed before this court any document to show the result of the election was altered,” she said.
In addition, the CJ affirmed that the power to tally and verify elections rests on the IEBC and not exclusively the Chairperson.
The court further noted that Wafula Chebukati demonstrated the involvement of colleague commissioners.
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“We find that the power to verify and tally presidential election results vest, not in the IEBC chairperson but the commission. We also find that the chairperson cannot arrogate the power to tally and verify the results to the Elections Act to the exclusion of other members of the commission,” she added.
Nonetheless, four of the seven commissioners of the IEBC addressed a press conference from the Serena Hotel on August 15, before the release of the final presidential results.
The 4 commissioners disowned the yet to be announced results.
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“We have done the 2022 general elections in the most effective and efficient manner and ensured all the challenges have been contained but some things need to be put out there,” said Juliana Cherera, IEBC’s Vice Chairperson who was accompanied by Francis Wanderi, Justus Nyang’aya and Irene Masit.
“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,” she cherera added.
