Two Independent Electoral and Boundaries Commission (IEBC) commissioners have accused the electoral body boss, Wanyonyi Wafula Chebukati, of releasing statements past midnight without consulting his colleagues.
In affidavits deposited at the Supreme Court, IEBC vice chairperson, Juliana Cherera, and commissioner, Justus Nyang'aya, told the highest court in the land that Chebukati often released his own statements late in the night disguising them as coming from the Commission.
Cherera - in particular - noted that Chebukati would attack other institutions in the statements citing the case of the arrest of the Venezuelans at the Jomo Kenyatta International Airport (JKIA).
"A few minutes to midnight and without informing or consulting the Commission, the chairperson issued a press statement dated July 21, 2022, accusing the Directorate of Criminal Investigations (DCI) of harassment of personnel and confiscation of items to be used by the Commission for the 9th August 2022.
"The chairperson did not consult the Commission before issuing the statement and/or engaging in a public spat with security agencies, ostensibly on behalf of the Commission," she swore in her affidavit.
On the other hand, Nyang'aya alleged that the statements were often used to defend foreigners who were engaged in the electoral process.
He equally stated that the statements released by Chebukati were not sanctioned by any of the Commissioners, adding that some of the officials have been accused of allegedly engaging in rigging.
"Chebukati contravened the second schedule to the IEBC Act which requires that any decision to be made by the Commission has to have the backing of the majority members.
"To that end, it is thus not true that the IEBC defended the foreign nationals who then allegedly proceeded to tamper with the election," Nyang'aya told the court.
In weeks prior to the polls. IEBC was engaged in a public spat with the DCI over the involvement of foreigners in the electoral process. On many occasions, some of IEBC's statements were released past midnight.
For example, on July 22, IEBC issued a statement on the arrest of three Venezuelans at 1.03 am.
The duo filed the affidavits in response to the petition filed by former Prime Minister, Raila Odinga, where they were listed as respondents.
Chebukati is yet to make his response in the claims made by his colleagues at the Supreme Court.
