• The NSAC noted that at the time of requesting for the meeting, it was not clear whether Chebukati would be able to meet the said timelines or whether they were facing any challenges.
• Kinyua says the feedback from the meeting was that IEBC was committed to their constitutional mandate of managing the elections especially presidential election results.
Image: FILE
The National Security Advisory Council has admitted that it met with IEBC chairman Wafula Chebukati but denied influencing the outcome of the presidential elections.
In affidavits sworn by Principal Administrative Secretary at the Office of the President, Kennedy Kihara and Head of Public Service Joseph Kinyua, the NSAC says they went there purely on security issues.
Kihara says on August 15, while acting on the instructions of the NSAC, he led a delegation comprising Kennedy Ogeto, Police Inspector General Hillary Mutyambai and Francis Ogolla to attend a meeting with Chebukati and IEBC commissioners at the National Tallying Centre at Bomas.
"The meeting was necessitated by the fact that the NSAC in the discharge of its mandate had become ceased of information to the effect that the delays in declaring the results of the presidential elections and the manner in which results were being transmitted including the stoppage of the public display of results had generated considerable public anxiety and tension and risked creating the opportunity for chaos, violence and insecurity in parts of the country," Kihara says in his affidavit.
The NSAC noted that at the time of requesting for the meeting, it was not clear whether Chebukati would be able to meet the said timelines or whether they were facing any challenges given that the public display of results had been stopped abruptly and there was no public communication on the same or on the process of tallying and verifying the results.
"I am aware that the law requires the result to be declared within 7 days which in the present case was to lapse on 16 August. The delay in declaring the results of presidential elections while lawful but particularly long,” Kihara said.
Kinyua says in his affidavit that he called Chebukati to inform him of a decision by the NSAC to send a team to meet with him and members of the commission for purposes of discussing security implications surrounding the transmission tallying, verification and declaration of the results of the presidential elections.
Kinyua says efforts had been made to have a meeting with Chebukati earlier but this had all been in vain. He was unresponsive.
“It is due to the urgency and sensitivity of the matter at hand that NSAC considered it necessary to have a physical meeting as opposed to engaging in correspondents,” Kinyua says.
He further claims there was nothing unusual regarding the subject meting since the NSAC and IEBC have previously engaged on matters relating to security on matters election cases in a context of interdependence between both parties.
"As the chairperson of the NSAC, I'm not aware of any resolution to contact or meet Chebukati with a view to affecting the results of the presidential elections,” Kinyua affirmed.
The Head of Public Service further states that NSAC had no role in the election process beyond providing advise on security issues around the elections and developing strategies to ensure that the country remains safe and secure during the election period.
Kinyua says the feedback from the meeting was that IEBC was committed to their constitutional mandate of managing the elections especially presidential election results.
The commission assured NSAC team that they had had their security concern and would deliberate.
After receiving the feedback, NSAC team recommended further deployment of adequate security in all potentially affected areas to persuade possible losing candidates to engage their supporters to allow for a peaceful redress mechanism, and the IG to enhance security for the IEBC commissioners.
"I therefore categorically deny Chebukati’s insinuation that I arranged a meeting between him and members of the NSAC with a view to influencing the outcome of the presidential elections held on August 9 in favour of a particular candidate,” Kinyua states in his affidavit.