Today I want to address my fellow Kenyans and the International community about the 2022 Kenyan elections and the role of the Independent and Electoral Boundaries Commission (IEBC). A body mandated by the constitution and the law to manage and conduct elections.
On Aug 9, 2022 millions of Kenyans turned out in large numbers to elect their leaders for the national, county and local levels after long and generally peaceful campaigns but on August 15 our budding democracy suffered a major setback.
As a result Kenya faces a grave legal and political process as a result of actions of Mr. Wafula Chebukati – the chairperson of the IEBC.
The constitution and our laws are clear about our the IEBC should conduct their business. There is no important role for the IEBC than transmission and tallying of the presidential elections.
We are aware of the past political biases by the IEBC to plunge this country into its darkest chapter. The terrible memories of the aftermath of the 2007 elections are still fresh in our minds.
In 2017, the Supreme Court of Kenya nullified the presidential elections because of the misconduct of IEBC.
What we saw yesterday was a travesty and a blatant disregard of the constitution and the laws of Kenya by Mr. Chebukati, the minority of IEBC Commissioners.
The law is clear on the role of the chairperson of the IEBC. The law does not vest in the chairperson the powers of a dictator to rule IEBC unilaterally.
The IEBC is structured as a democratic institution in which decisions must be taken by consensus or by a vote of majority. The chairperson and a tiny minority of commissioners have no legal authority to take weighty decisions and proclaim them as rulings of the IEBC.
The law on the IEBC provides that unless a unanimous decision is reached a decision on any matter before the commission shall be by a majority of the members present and voting.
In addition, the court of appeal in the Maina Kiai case rule and I quote ‘as we conclude that there is no doubt from the architects of the laws you have considered the people of Kenya did not intent to vest or concentrate such sweeping and powers in one individual.’
That is why I and Azimio La Umoja One Kenya and the nation at large we shocked yesterday to learn that Mr. Chebukati alone decided to pronounce himself on the supposed winner of the 2022 presidential elections.
We understand that only Mr. Chebukati alone had access to the tally of the presidential vote. He denied all the commissioners access to that information until he suddenly appeared before the commissioners in the late afternoon to present them with a complete tally.
Barely two hours before his announcement Mr. Chebukati called a meeting of the IEBC and revealed to them the different results he was going to announce.
Four of the seven protested Mr. Chebukati’s actions but Mr. Chebukati his mind was clearly made up did not entertain any discussion of the results precipitating a walkout by a majority of the commissioners who promptly denounced the results at a press conference.
We know what happened next.
A majority of the commissioners walked out and held a press conference where they denounced the results.
Our view in Azimio is clear. The figures announced by Mr. Chebukati are null and void.
In our view, there is no legally declared winner nor a president elect. (clapping). Mr. Chebukati announcement purporting to declare a winner is annulty. He acted with gross impunity and in total disregard of the constitution and our laws.
He could have plunged our country into chaos and our supporters exercised great restraint.
Such blatant acts of impunity can be a source of threat to the security of our country. It is not for us to decide whether Mr. Chebukati has committed an offence. We leave that determination to the authorities.
For avoidance of doubt, I want to repeat that we totally and without reservations reject the presidential results announced yesterday by Mr. Chebukati.
I want to commend our supporters for remaining calm and keeping the peace and urge them to continue to do so.
Let no one take the law into their own hands. We will pursue constitutional and legal channels and processes to invalidate Mr. Chebukati’s illegal and unconstitutional pronouncement.
We are certain that justice will prevail. I want to further commend the heroism of the four commissioners the majority of the IEBC who stood up to the bullying and illegal conduct of Mr. Chebukati. We are proud of them and ask them not to fear anything. Kenyans are with them.
Signed:
Raila Odinga
Azimio La Umoja One Kenya Alliance
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