The Independent Electoral and Boundaries Commission (IEBC) chairperson, Wafula Wanyonyi, says he prevented the county from plunging into chaos by announcing William Ruto as the president-elect.
In his replying affidavit filed at the Supreme Court on Saturday, August 26, Chebukati disclosed that some leaders drawn from Azimio la Umoja stormed the podium blocking him from making the final announcement.
According to Chebukati, the Azimio leaders prevented IEBC commissioner Abdi Guliye from announcing the results from 27 constituencies before declaring the presidential election winner.
Azimio leaders mentioned include Siaya governor, James Orengo, his Kisumu counterpart, Anyang Nyong'o, Rarieda MP-elect Otiende Amollo, Narok Senator-elect Ledama Ole Kina, Homa Bay governor, Gladys Wanga, and lawyer Paul Mwangi.
He further claimed that Azimio Chief Agent, Saibatoa Kanchory, requested a day to verify the results in Forms 34A, which could have surpassed the constitutional timeline of announcing the presidential results.
"Chief Agent of the Azimio la Umoja-One Kenya candidate asked for a day to verify the results against Forms 34A. I did not think that this was a bona fide request particularly since the verification had been done with his full participation over the preceding five days and he was only seeking a duplicative process to impede or delay declaration of the results," Chebukati stated.
Following the chaos that erupted at the Bomas of Kenya, Chebukati explained that country would plunge into chaos if he failed to announce the results on the stipulated time.
"I was apprehensive that there would be no other opportunity to declare results and the country would slide into crisis if the results were not declared within the constitutional timelines. The fact that there was one day left was hardly reassuring considering the events of the day and the safety of Commission staff and service providers," Chebukati detailed.
Responding to Azimio la Umoja's petition filed by former Prime Minister Raila Odinga and Martha Karua, Chebukati dispelled their accusations of committing an electoral offence bordering treason; instead, he accused the faction of the anarchy that was witnessed at the national tallying centre.
The IEBC chairperson further noted that the decision by the four commissioners to storm out from the national tallying centre threatened to subvert the will of the people.
In his affidavit, he argued that the absconding of duty was tantamount to subverting the will of the will exercised through participating in the democratic process.
" A member or employee of the Commission who knowingly subverts the process of free and fair elections obstructs the Commission in the discharge of its functions or otherwise interferes with the functions of the Commission commits an offence and is liable, upon conviction, to a term of imprisonment not exceeding three years or to a fine of not more than one million shillings or to both," the affidavit read.
Responding to Busia senator-elect Okiya Omtatah's petition that the President-elect did not meet the 50 per cent plus one vote, Chebukati disclosed that Ruto garnered 7,176,141 votes against valid votes cast, which was 14,213,137.
Moreover, Chebukati dismissed affidavits filed by IEBC Vice chairperson Juliana Cherera, Commissioners Justus Nyang'awa, Irene Masit and Francis Wanderi, where he was accused of isolating them in the presidential election tally.
The IEBC chairperson maintained that all four dissenting commissioners were assigned specific duties.
He also confirmed allegations raised by Guliye in his affidavit that Azimio Executive Director Raphael Tuju, Senator Amos Wako and Advocate Kyalo Mbobu who visited him on Monday, August 15.
" At about 3am on the morning of 15th August 2022, I was visited by Raphael Tuju, Senator Amos Wako and advocate Kyalo Mbobu. They indicated that they had made several attempts to see me to discuss the tallying and results. I told them that I could only meet them in the presence of all Commissioners," he stated.
"Raphael Tuju spoke after Senator Wako. He indicated that it was necessary for the results to be 'moderated in favour of baba' and that any contrary declaration of results would 'plunge the country into chaos'. As an alternative, he suggested that in the event that it was not possible to declare 'baba' as the President-elect, then the Commission should force a run-off. For this, he indicated that should-20 his request be granted it would be adequately rewarded," he added.
Following the responses filed on all petitions, the Supreme Court, led by Chief Justice Martha Koome, is set to deliver the final verdict on September 5.
