IEBC Chairman Wafula Chebukati has defended his “executive powers” in the wake of accusations that he sidelined his colleagues in the commission in declaring the final presidential results.
The Electoral Commision’s chairperson on August 15, 2022, declared DP Ruto as President-Elect, however, four Commissioners immediately disassociated themselves from the results claiming that they had not been involved in the final tallying and verification of the results.
The four – Vice Chairperson Juliana Cherera, Commissioners Justus Nyangaya, Irene Masit, and Francis Wanderi accused Chebukati of running “a one-man show.”
“The Chairman has executive authority because this is one of the very few commissions where the commissioners themselves do some actual work,” former Attorney General Githu Muigai representing Chebukati, submitted before the Supreme Court judges hearing the 2022 presidential petition.
Azimio Leader Raila Odinga lodged the petition at the apex court because the exercise was marred with irregularities.
The former Prime Minister has particularly singled Chebukati, whom he accuses of rigging him out in favor of Ruto.
Also Read: “There is nothing wrong with IEBC or Wafula Chebukati,” Githu Muigai
Justice Njoki Ndugu had sought an explanation from Muigai on the actions of Chebukati.
Muigai, who was one of the initial drafters of the 2010 Constitution, submitted that the IEBC is incomparable to other independent commissions and, as such, its Chairperson has the latitude and widespread powers to make decisions on behalf of the Commission.
“IEBC is extremely hands-on, and for that very reason, its chairman has executive power,” he said.
He added that the IEBC was similar to the Judicial Service Commission (JSC), where its head Chief Justice “has executive authority and makes many decisions as it should be because it could not be run in any other way.”.
Odinga, who vied for the fifth time in the August polls and lost, wants the court to nullify the election.
The Judges are on Friday midday set to retreat and prepare a verdict which they will render on September 5, 2022.
Nullification of the election would send Kenyans back to the polls, which must be conducted within 60 days, with the specific day being November 4, 2022.
If the Judges uphold the election of President-Elect William Ruto, he will be sworn into office on September 13, 2022.