Chebukati Claims The Four Commissioners Wanted A Re Run Regarding The Presidential Results

Wafula Chebukati, the chairman of the electoral commission (IEBC), has now claimed that the four commissioners who rejected the final results tried to compel an election re-run, giving a new twist to the dispute surrounding the 2022 Presidential election results.

Chebukati refuted charges made by IEBC vice chair Juliana Cherera, commissioners Francis Wanderi, Justus Nyang’aya, and Irene Masit that he refused to allow them access to the backend of the portal where the final tally was being carried out in a statement released on Wednesday.

Chebukati believes that the four commissioners participated in the verification and tabulation of the presidential election votes where William Ruto was proclaimed the victor and had access to all results.

“As the gazetted National Returning Officer and in the spirit of teamwork, the Chairperson involved all Commissioners including Juliana Cherera, Francis Wanderi, Justus Nyang’aya and Irene Masit in all activities of verification and tallying. Their duties were well defined in writing and allocated at the National Tally Center (NTC). They had access to all results beforehand and interchangeably announced them for six (6) days in full glare of live television,” said Chebukati.

He added: “However, during a briefing meeting held on 15th August 2022 at around 3.00pm before the final declaration of the Presidential Election results, the four Commissioners i.e. Juliana Cherera, Francis Wanderi, Justus Nyang’aya and Irene Masit demanded that the Chairperson moderates the results for purpose of forcing an election Re-run contrary to their oath of office.”

Chebukati goes further to state that he refused to give in to pressure from the four IEBC commissioners since their alleged intention was illegal and unconstitutional.

“This is tantamount to subverting the Constitution and the sovereign will of the People of Kenya. The Chairperson refused to yield to this unconstitutional and illegal demand and proceeded to declare the results of the Presidential Election as received from the polling stations, and contained in Form 34A, in accordance with the law,” said Cheubukati…

Regarding the matter of declaring the results, Chebukati believes that it is his constitutional duty as the Chairperson of the Commission to announce the results of the presidential election, dispelling claims that the other commissioners had to be there.

“For the avoidance of doubt, the law provides that the Chairperson of the Commission is the Returning Officer of Presidential Election… This constitutional mandate falls squarely on the Chairman of the Commission, who is the National Returning Officer as gazetted in Notice No. 4956 of 28th April 2022. The role of National Returning Officer for Presidential Election is not a shared responsibility and not subject to Plenary decisions of the Commission,” he said.
The 2022 General Election, according to Chebukati, “is the most transparent election that the Commission has ever held,” he claims, emphasizing that all forms 34A, 34B, and 34C that detail the results are open to the public.

Chebukati asserts that the commission is prepared to show in court that the entire electoral process was carried out in accordance with the law in the event that any election petitions are submitted.

“If any of the parties elects to file petition, it is within their constitutional right and the Commission shall have an opportunity to respond and demonstrate in further detail the circumstances under which the election was conducted, results verfied and outcome declared in accordance with the constitution and the law,” he said.