Independent Electoral and Boundaries Commission (IEBC) Chairperson Wafula Chebukati's lawyer Githu Muigai was hard-pressed to explain why the Commission chairperson was adamant to announce the President-elect on August 15 despite a 24-hour window.
In a straight-pointed question during the Presidential petition hearing on Thursday, September 1, Supreme Court Justice Isaac Lenaola poked holes in the Chairperson's failure to use the extra day to iron out issues with the other four commissioners - vice chairperson Juliana Cherera, Irene Masit, Justus Nyang'aya and Francis Wanderi.
The Supreme Court judge further raised concerns about the decision to announce the winner a day earlier without releasing results from 27 contentious constituencies.
"I know that the events of August 15 are in our minds but remember that there was an extra day where Mr Chebukati could have declared the result.
"Why did you not wait until that day, reach out to the commissioners - now named the four - try to reach a consensus to address the questions on the 27 Constituencies so that this suspicion would not have been an issue? Is there any other reason why you did not take an advantage of the extra day to do what you have to do?" He questioned.
His sentiments were also corroborated by Deputy Chief Justice Philomena Mwilu who questioned the roles of the six commissioner appointed by IEBC and why the four who broke away made the move about the same time Chebukati wanted to release results.
During the contested period, Chebukati declared Deputy President William Ruto as President-elect having defeated the petitioner, Raila Odinga, after garnering the constitutionally requisite threshold of 50 per cent plus one vote.
Muigai, however, failed to answer the question and pleaded with the court to accord the Ruto team of counsels more time to deliberate and furnish the apex court with well-thought out responses - a request the CJ accepted.
"We are consulting because we did not want to give you a second bite of the cherry. You know you have no right to reply as respondents but we have asked these questions on the tail-end.
"We have agreed to allow you to respond in the morning considering that when you put your minds together you will be faster in the response than if we do it now. We will give you 15 minutes first thing tomorrow morning," stated Koome.
On August 27, Chebukati had argued that he announced the results in a rush to prevent the country from plunging into a crisis.
In his affidavit to the Supreme Court, the chairperson noted that a number of Azimio leaders had stormed the podium blocking him from making the final announcement.
"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.
"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 defended himself at the time.
