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Wafula Chebukati: The 4 commissioners wanted me to alter the final tally

The four Independent Electoral and Boundaries Commission (IEBC) commissioners who disowned the final presidential results that saw Kenya Kwanza candidate William Ruto declared winner, had differed after the rest refused to alter them to force the country into a re-run, Wafula Chebukati now claims.

In a statement sent to media houses, Mr Chebukati said that he involved all Commissioners who include; Ms Juliana Cherera the Vice Chairperson, Mr Francis Wanderi, Mr Justus Nyang’aya and Ms Irene Masit in verifying and tallying but differed during the last minute when they demanded that he moderates the results to force an election re-run.

“During a briefing meeting held on August 15, 2022, at around 3 pm before the final declaration of the Presidential Election results, the four Commissioners demanded that the Chairperson moderates the results for purpose of forcing an election re-run contrary to their oath of office,” the statement read in part.

Adding that the move could have been tantamount to subverting the Constitution and the sovereign will of the People of Kenya.

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According to the statement, Mr Chebukati refused to yield to the unconstitutional and illegal demand and it is to that effect that he proceeded to declare the results of the Presidential Election as received from the polling stations and contained in Form 34A.

He also dismissed claims by the four commissioners made on Monday night that they were not involved in any activities during the tallying and verification of the results saying that 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 the full glare of live television,” the commission further stated.

The statement also noted that there has been a public discussion on the role of the Chairperson and Commissioners in the verification, tallying and declaration of Presidential results.

The statement brought in a Court of Appeal decision in IEBC vs Maina Kiai and five others in which he said that it was clear that the Chairperson of the Commission is the Returning Officer of Presidential Election.

Mr Chebukati also said that the law was clear and that he could still go ahead and declare the winner of the Presidential elections after seven days.

“Article 138(10) of the Constitution of Kenya 2010 empowers the Chairperson of the Commission to within seven (7) days declare the result of the election and written notification of the result handed to the Chief Justice and the Incumbent President.

Section 39(1h) provides that the Chairperson shall declare the results of the election of the President per Article 138(10) of the Constitution,” the statement further read.

The statement revealed that the 2022 General Election is the most transparent election that the commission has ever conducted since 2013.

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Mr Chebukati also dismissed claims by the four commissioners who differed with him and openly disowned the results that the 0.01 per cent increase in the Presidential Election results was false and misleading.

In their argument, the four commissioners had claimed that the 0.01 increase was an additional over 142,000 votes.

The commission further attached a tabulation of the results and urged Kenyans to interact with the results and make an objective judgement.

Azimio La Umoja presidential candidate on Tuesday, August 16 said that he will challenge the outcome of the presidential results in court.

As per the results, Deputy President William Ruto who was declared president-elect after he garnered 7,176,141 votes, representing 50.59 per cent of valid votes cast against rivals Mr Raila Odinga who garnered 6,942,930 votes.

However, Mr Ruto said that he was willing to face the challenge once it is taken to court.

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