NAIROBI, Kenya Sep 6 – The four dissenting commissioners of the Independent Electoral and Boundaries Commission (IEBC) have lauded the decision of the Supreme Court upholding the victory of President elect William Ruto.
In a statement signed by the four who include vice chairperson Juliana Cherera, Francis Wanderi, Justus Nyaganya and Irene Masit in particular have singled out the ruling on the court decision on the chairperson verses the role of commissioners in the commission.
“We wish to convey our appreciation to the honorable judges of the Supreme Court of Kenya and confirm that we respect their collective decision,” they stated.
In an unprecedented move, the four dissenting commissioners who have openly disagreed with IEBC chairman Wafula Chebukati gave the nod to his statement that the commission was vindicated following the court ruling.
“We also state here that we agree with the statement of the Chairperson of the commission which was sent to the media yesterday,” they said in the statement.
Speaking on Monday after the Supreme Court verdict, Chebukati said the decision by the court was a clear demonstration that the IEBC met the democratic aspirations of all Kenyans.
The IEBC Chairperson reiterated that an election is a process, not an event.
“This process started immediately after the 2017 General Election, and the Commission tested its systems and processes in over 40 by-elections in the last five years. The Independent Electoral and Boundaries Commission is finally vindicated,” he said.
He went forward to say that the Commission is awaiting the Apex Court’s full judgment and feedback from stakeholders during the post-election evaluation exercise, which he said will inform areas of improvement in the electoral process.
While lauding Kenyans for peacefully exercising their democratic right to vote on August 9, in accordance with Article 38 of the Constitution of Kenya 2010, Chebukati maintained that the Electoral Agency went above and beyond to ensure credible polls.
“In fulfilment of the Constitution, the Commission put in place a robust and transparent election infrastructure to ensure that votes cast were counted, electronically transmitted, verified, tallied, announced and declared in line with Articles 81 and 86 of the Constitution,” he said.
The Supreme Court had ruled that last minute wrangles in the Independent Electoral and Boundaries Commission (IEBC) cannot be a basis for nullifying the presidential election.
The judgment was read by Chief Justice Martha Koome on the issue of whether the electoral body carried out the verification, tallying, and declaration of results in accordance with Article 138 (3) (c) and 138 (10) of the Constitution.
The Supreme Court bench ruled that even though the provision of the constitution doesn’t envisage that the Chairperson should act alone in the verification, tallying, and declaration of results, the four dissenting commissioners were not locked out of the process.
“We however take cognizant that the four dissenting commissioners actively took part in verification, tallying and declaration of the results from the beginning and until just before the declaration of the results,” Koome stated.
“They took turns announcing the results that were verified and tallied and were present and active during the actual verification exercise at Bomas,” she said.
The 7-judge bench upheld the tallying process saying IEBC Chairman Wafula Chebukati worked in line with Article 138(4) and 138 (10) of the constitution
as he involved the rest of poll commissioners until the last minute before violence erupted in Bomas.
“Are we to nullify an election on the basis of last-minute boardroom rapture? The details that remain scanty and contradictory between the chairperson and part of its commissioners,” Koome stated as she read the summarized ruling.
The Supreme Court threw out Odinga’s prayers that the election be nullified on the basis that the commission was unable to conduct free and fair election due to dysfunctionality.
“Clearly the current dysfunctionality at the commission doesn’t affect the conduct of the 2022 elections. We are satisfied that notwithstanding the division of the commission, IEBC conducted the verification and tallying in accordance with the constitution,” Koome stated.
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