'They wanted to force a re-run!' New twist as Chebukati speaks on 2022 presidential election intrigues

In a statement issued on Wednesday, Chebukati dismissed claims by IEBC Vice Chairperson Juliana Cherera, commissioners Francis Wanderi, Justus Nyang’aya and Irene Masit that he denied them access to the portal backend where the final tally was being conducted.

Chebukati maintains that the four commissioners had access to all results and were involved in all activities of verification and tallying of the presidential election votes where William Ruto was declared the winner.

"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.

On the issue of declaration of the results, Chebukati maintains that as the Chairperson of the Commission, the pronouncement of the presidential election results is his constitutional responsibility, hence, dismissing claims that the other commissioners needed to be present during the announcement.

"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.

Chebukati maintains that the 2022 General Election "is the most transparent election that the Commission has ever held", noting that all forms 34A, 34B and 34C that outline the results are available for public scrutiny.

If any election petition is filed, Chebukati says the commission is ready to demonstrate in court that the whole electoral process was conducted in line with the law.

"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. 

On Tuesday, IEBC Vice Chairperson Juliana Cherera, commissioners Francis Wanderi, Justus Nyang’aya and Irene Masit claimed that Chebukati only presented them with the final presidential election results from the backend and that he did not allow them to discuss the outcome.

On Monday, IEBC Chairman Wafula Chebukati declared William Ruto as the winner of the presidential election after garnering 7,176,141 votes, representing 50.49 per cent of the total votes cast.

Azimio coalition candidate Raila Odinga, who came in second with 6,942,930 votes, has since rejected the results which he termed as null and void, vowing to seek legal redress.

If no presidential candidate had garnered 50 percent plus one of the votes cast, Kenyans would have returned to the ballot for a re-run between the top two candidates.