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Joseph Kinyua was the Head of Public Service in President Uhuru Kenyatta's government.

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NSAC denies Chebukati’s claim that it tried to interfere with presidential results

NAIROBI, Kenya, Aug 29 – The National Security Advisory Committee (NSAC) has denied claims by Independent Electoral and Boundaries Commission (IEBC) chairman Wafula Chebukati that it made an offer for the moderation of presidential election results to favour Azimio candidate Raila Odinga.

In his replying affidavit, Head of Public Service Joseph Kinyua who also chairs the powerful committee admitted that officials met the electoral body but to only address security concerns raised.

‘I categorically deny the second respondent’s insinuation that I arranged a meeting between him and members of the NSAC with a view to influencing the outcome of the presidential election held on August 9, 2022, in favor of a particular candidate,” Kinyua stated in the affidavit filed in court Monday, in response to Chebukati”s explosive dossier submitted to the Supreme Court.

The meeting with the Commission, he pointed out, was at the Bomas of Kenya where “members of the public were present together with various political parties, party agents and even the candidates themselves.”

“Had the intention of the NSAC been as sinister as sought to be portrayed in the affidavits, the subject of this response, the meeting would not have been requested and held at such an open and public venue with all the commissioners present,” his affidavit read.

In his replying affidavit, Chebukati listed Kinyua among other top government officials who wanted to subvert the will of the people at the Bomas of Kenya during the announcement of the Presidential results.

According to the IEBC chairman, the NSAC members went to see him alongside other commissioners at the national tallying centre, and asked him to ensure a runoff, if he couldn’t declare Raila Odinga as the outright winner in the 2022 presidential election.

In the affidavit, he also listed Principal Administrative Secretary at the office of the President Kennedy Kihara , Solicitor General Kennedy Ogeto, Inspector General of Police Hillary Mutyambai and LT. General Francis Omondi Ogolla the Vice Chief of Defences as having attended the meeting.

In his narration, Chebukati stated that prior to the arrival of the team, he had received a call from Kinyua informing him that he had sent a team that would like to discuss the “assumption of office”.

Raila has petitioned the Supreme Court to invalidate William Ruto’s victory, saying the whole results tallying was a sham.

But Chebukati and Ruto insists the process was credible and wants Raila’s petition and eight other surrogates dismissed, describing them as comedies.

The IEBC Chairman noted that the message was relayed by Kihara, who cautioned that if he declared William Ruto as President–Elect, ‘the country is going to burn’

He proceeded to indicate that skirmishes between the Kikuyu and Luo communities had already started ‘in several slums including Kibera and Mathare’ on the basis of alleged ‘betrayal by the kikuyu.’

“The second part of the message from the NSAC delegation was that if we cannot announce Raila Odinga as the outright winner, then we must ensure that there is a runoff,” Chebukati submitted.

Chebukati went ahead to explain that after Kihara’s remarks he invited all the commissioners to share their views, which were supported by commissioners Nyang’aya, Masit, Wanderi and Vice chairperson Cherera.

According to Chebukati, Commissioner Abdi Guliye was of the view that the commission has a constitutional mandate and that in declaring the results it will be guided by the same constitution and applicable law.

Commissioner Boya Molu expressed a similar view in his replying affidavit.

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