National Security Advisory Council Makes History by Joining Presidential Petition

  • The Supreme Court of Kenya
    The Supreme Court of Kenya.
    Kenyans.co.ke
  • The National Security Advisory Council (NSAC) has denied allegations that it made attempts to sway the outcome of the presidential election in favour of Raila Odinga.

    In a historic move, NSAC filed an affidavit at the Supreme Court in a response to accusations levelled by the Independent Electoral and Boundaries Commission (IEBC) commissioners Boya Molu and Abdi Guliye. 

    NSAC termed the claims as unfounded and a total misrepresentation of the events that occurred on August 15, 2022 at the Bomas of Kenya. 

    Head of Public Service and Secretary to the Cabinet Joseph Kinyua addresses a media briefing at Harambee House on the status of security in October 2020.
    Head of Public Service and Secretary to the Cabinet Joseph Kinyua addresses a media briefing at Harambee House on the status of security in October 2020.
    People Daily

    "It is our humble submission that the said allegations as set out in the impugned Replying - 10 Affidavits are unfounded and a total misrepresentation of the events of August 15, 2022. In order that the Honourable Court is in good stead to determine the real issues in controversy and to do justice to this case, it is imperative that the misconceptions sought to be created in the impugned Replying Affidavits are corrected," read part of the affidavit. 

    In their affidavits, the IEBC commissioners alleged that the NSAC members visited the National Tallying Centre (NTC) at the Bomas of Kenya and attempted to arm twist them to change the results either to favour Raila or force a run-off.

    NSAC, however, says that the allegations may injure the reputation of the named public officers who include Head of Public Service, Joseph Kinyua, Kennedy Kihara (the Principal Administrative Secretary in the Office of the President), Kennedy Ogeto (the Solicitor General), Hillary Mutyambai (Inspector General of Police) and Lt Gen. Fredrick Ogolla (Vice Chair of the Kenya Defence Forces).

    The council urged the said persons to be accorded an opportunity to provide the Supreme Court with the relevant information needed for the court to make an informed decision. 

    "We respectfully submit that it is in the interest of fairness and justice that the Replying Affidavits are admitted, in order to enable the affected persons to set the record straight. The allegations levelled against the affected public officers, if left unrebutted, may form a basis for culpability under various laws, including the Elections Act."

    "It is, therefore, imperative that the said persons are afforded an opportunity to provide this Honourable Court with all the relevant and accurate information as is necessary to enable an informed determination of the matter. This is particularly so because the dispute at hand concerns an election, implicating the people's right to vote," NSAC affidavit read in part.

    The historic move by NSAC marks the first time that the council has joined in a presidential petition. 

    This comes even as the dissension between the IEBC commissioners continued to mount after each filed separate affidavits in response to Raila Odinga and Martha Karua's petition. 

    Further, Azimio's Executive Director, Raphael Tuju, refuted the claims made by Guliye and Molu about the night meeting - noting that the purpose of the meeting was to highlight pressing issues regarding the alleged replacement of Forms 34A at various polling stations. 

    Tuju accused the commissioners of conveniently leaving out intricate details of the meeting. 

    All IEBC commissioners meet candidates from areas where election was postponed at Bomas of Kenya on August 22, 2022
    All IEBC commissioners meet candidates from areas where election was postponed at Bomas of Kenya on August 22, 2022
    Kenyans.co.ke