- Chebukati said he declined to heed to the demands of his colleagues, resulting in their walkout and rejection of results.
- He dismissed claims the disgruntled commissioners were kept in the dark on the final tally.
Image: FILE
IEBC chairman Wafula Chebukati has said the four disgruntled commissioners who staged a walkout of Bomas had pushed for tampering with the presidential results.
Chebukati said the vice chairperson Juliana Cherera, commissioners Francis Wanderi and Justus Nyang’aya and Irene Masit demanded the presidential results be "moderated" to force a re-run.
In a statement on Wednesday evening, the electoral agency chairman said he declined to heed the demands of his colleagues, resulting in their walkout.
“During a briefing meeting held on August 15, 2022, at around 3pm before the final declaration of the presidential election results, the four commissioners — Juliana Cherera, Francis Wanderi, Justus Nyang’aya and Irene Masit — demanded that the chairperson moderates the results for the purpose of forcing an election re-run, contrary to their oath of office,” Chebukati said.
“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.”
The chairman also dismissed their claims that the commissioners were kept in the dark on the final tally, insisting they were regularly apprised and took part in declaring some of the results from the constituencies.
He, however, said his role as the national returning officer is not a shared responsibility and not subject to plenary decisions of the commission.
“This is emphasised in the Court of Appeal decision in Independent Electoral Boundaries Commission vs Maina Kiai and five others [2017] eklr at page 36,” he said.
Chebukati said some of his staff who worked at the national tallying centre are being intimidated and harassed through profiling and arbitrary arrests.
BY-ELECTIONS POSTPONED
Chebukati said prevailing circumstances forced him to indefinitely postpone by-elections slated for August 23 to a date to be publicised through a gazette notice
“This has instilled fear within the staff, who are now unable to report to the office for duty. This harassment must stop forthwith,” he said.
He added that commissioners Abdi Guliye and Boya Molu and CEO Marjan H. Marjan and he were physically attacked, assaulted and injured “by persons in the company of certain political leaders".
“We call for the arrest and prosecution of these assailants regardless of their political affiliation.”
BY-ELECTIONS POSTPONED
Chebukati said the prevailing circumstances forced him to postpone by-elections slated for August 23 to a date to be publicised through a gazette notice.
The by-elections were to be held for governor positions in Mombasa and Kakamega counties and in Kitui Rural, Kacheliba, Pokot South and Rongai constituencies.
Other ares where elections have been postponed are in Nyaki West (North Imenti constituency, Meru county) and Kwa Njenga (Embakasi South constituency, Nairobi county) wards.
The chairman said the commission is saddened by the murder of its returning officer for Embakasi East constituency, Daniel Musyoka.
Musyoka went missing on August 11 and his body found at Loitoktok, Kajiado county, four days later.
“We call on security agencies to speedily investigate and apprehend his killers,” he said.
(edited by Amol Awuor)