NAIROBI, Kenya, Jan 24 — The immediate former Chairperson of the electoral commission, Wafula Chebukati, was Tuesday set to give his account on the happenings at the National Tallying Centre ahead of the declaration of last year’s presidential election results.
Chebukati’s appearance before the Justice Aggrey Muchelule Tribunal comes a day after commissioners Abdi Guliye and Boya Molu, who retired alongside with him on January 17, made their presentations.
Guliye and Molu told the tribunal a faction of the commission led by then Vice Chairperson Juliana Cherera plotted with top national security officials to overturn the will of the people.
Guliye said the proposal was presented by a team led by Vice Chief of Defence Forces Lt. Gen. Francis Ogolla.
“The four commissioners said the message needed serious attention and consideration,” he told the Justice Aggrey Muchelule-led tribunal which resumed sittings.
He said Cherara, Irene Masit, Justus Nyang’aya and Francis Wanderi proposed the deduction of over 200,000 votes from President William Ruto and dump them in rejected ballots to force a run off in the event the commission was unable to declare Raila Odinga the winner.
Guliye said he alongside Chebukati and Commissioner Molu reiterated that the commission would uphold the will of the people whatever the outcome.
He termed the move by the Cherera faction to storm out of the National Tallying Centre and hold a parallel press conference as pre-arranged.
“How do you come from Bomas and within a short period you have a completely set up podium at Serena Hotel complete with press crews?” Guliye posed.
Molu backed Guliye’s account when he appeared before the panel constituted by President William Ruto to probe the conduct of the Cherera faction.
All except one, Masit, of the four commissioners quit ahead of tribunal hearings which commenced in December 2022.
Chebukati’s account
Chebukati is expected, during his appearance, to reaffirm his account of events as presented at the Supreme Court during the hearing of the 2022 presidential election petition.
While making submissions at the Supreme Court in September 2022, Chebukati told the court the NSAC delegation which included Principal Administrative Secretary at the office of the President Kennedy Kihara asked him to alter results of the election to force a run-off in the event he was unable to declare Raila Odinga the winner.
Other members of the delegation were Solicitor General Kennedy Ogeto, Inspector General of Police Hillary Mutyambai and Lieutenant General Francis Omondi Ogolla (Vice Chief of Defence Forces).
Chebukati said NSAC cautioned that if he declared William Ruto as the President – Elect, “the country is going to burn.”
Senior Counsel George Oraro who appeared on behalf of then Attorney General Kihara Kariuki at the Supreme Court confirmed the meeting but said its agenda was miscounted.
The AG is reported to have indicated 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 at the time.
During Tuesday’s hearing, the Justice Muchelule-led tribunal is also expected to make a ruling on an application by Azimio Coalition to be enjoined in the proceedings.
