Paul Muite: 4 IEBC commissioners justified to dispute results

"I ask that this court upholds the position of the four commissioners," he said.

In Summary

• He urged the Court to consider their position, being the majority, saying in a corporate entity such as IEBC, in the absence of consensus, the law directs the majority decisions to win.

• "I ask that this court upholds the position of the four commissioners that the results that were announced, were not the results tallied and verified by the Commission."

Senior Counsel Paul Muite in a past event.
Senior Counsel Paul Muite in a past event.
Image: ENOS TECHE

Senior Counsel Paul Muite on Wednesday said the 'four rebel' IEBC commissioners were justified in disowning the presidential results.

During his submission at the Supreme Court on Wednesday, Muite said the four did not break any law by distancing themselves from the declaration made by Commission chairperson Wafula Chebukati.

"I would like to submit that the four commissioners were fully justified in saying, we cannot own results we have not tallied and we have not verified," he said.

He urged the Court to consider their position, being the majority saying in a corporate entity such as IEBC, in the absence of consensus, the law directs the majority decisions to win.

"I ask that this court upholds the position of the four commissioners that the results that were announced, were not the results tallied and verified by the Commission."

Muite pointed out that the law directed that the tallying and verification of results was the Commission's mandate, not the chair's.

He said the legal notice that appointed Chebukati as the Presidential Returning Officer was unconstitutional.

"It contradicts the Constitution and the Elections Act," he added.

The SC said there was no meeting by the electoral body to appoint Chebukati, as he did it himself.

"So quite apart from the fact that it was unconstitutional, it did not have the authority of the Commission," he said.

The four are Vice chairperson Juliana Cherera and commissioners Irene Masit, Justus Nyangaya and Francis Wanderi.

Just before the results were declared, they held a press briefing rejecting the results.

"Some things need to be put out there as you can see the four of us are here and not at Bomas where the results are going to be announced because of the opaque nature of how this phase has been handled," Cherera said while addressing the media at Serena hotel on August 15.

"We therefore cannot take ownership of this result that is going to be announced," she added.

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