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IEBC Vice Chairperson Juliana Cherera (centre) addresses members of the press at Serena Hotel in Nairobi. [Edward Kiplimo, Standard]

Four commissioners of the Independent Electoral and Boundaries Commission (IEBC) have now accused its chair Wafula Chebukati of misconstruing his legal mandate and throwing the commission into disarray.

In a statement dated Friday, August 19, the four, namely Vice Chair Juliana Cherera and commissioners Francis Wanderi, Irene Masit, and Justus Nyang’aya dismissed Chebukati's statement earlier this week that they had attempted to force a run-off of the presidential election. 

They now term the chairperson’s actions as ‘unlawful.’

“We wish to categorically state that from his statement, the chairman Mr Chebukati appears to have misconstrued his role and that of the commissioners and further misunderstood his Constitutional and legal mandate to verify results by the Commission to mean what he vaguely characterized as ‘moderation’ of those results,” they stated. 

The IEBC commissioners further claimed they only requested a proper verification of the results be carried out and not to “moderate” the results as had been reported.

“The chairman went ahead to unilaterally declare the results without any plenary verification whatsoever by all the commissioners and/or their participation as mandated by the Constitution and electoral laws. His actions and conduct were unorthodox and turned the commission into a one-man show circus, in an attempt to subvert the Constitution, electoral laws, and the will of the people,” the four commissioners said. 

They also accused Chebukati of ignoring their roles at the electoral agency.

On Wednesday, Chebukati broke his silence and shot back at the four for rejecting the presidential results, saying they wanted to force an election re-run.

The IEBC chair said after briefing the four on the results he was to announce, they asked him to moderate them so that the country could have a re-run of the presidential election.

He added that contrary to the four commissioners’ allegations of operating an opaque tallying and verification exercise, he had involved them in the process to a point that they were announcing the results of various constituencies as they were verified. Betty Njeru, The Standard

  • IEBC Chairman Wafula Chebukati releasing the presidential election results at Bomas of Kenya on August 15, 2022
    KENYANS.CO.KE 
  • Angaza Movement, a human rights lobby group, has published a report on instances that violated human rights during the August 9 elections. 

    In the report, Angaza criticized the Independent Electoral and Boundaries Commission (IEBC)  for failing to deliver a simple, accurate, and verifiable election.

    Among the concerns raised is the failure of KIEMS kits in some polling stations on election day. According to the report, the failure of KIEMS kit could have disenfranchised voters and subsequently suppressed those seeking to cast their ballots.

    File photo of Kenyans in a queue waiting to cast their vote in a past election.
    File photo of Kenyans in a queue waiting to cast their vote in the 2017 General Election. FILE 

    “Over 200 KIEMS kits failed to identify voters, this translates to a lot of voters who may have been disenfranchised,” reads the statement in part. 

    “In many cases, it took IEBC many hours to allow the use of the manual register to identify voters, which often resulted in suppression, as disappointed aspiring voters were turned away or left in frustration," the group stated. 

    The lobby group also questioned the inconsistent measures adapted to respond to the failed kits in different stations. As per the report, the Commission failed to avail systematic procedures to identify voters through the alphanumerical or manual register hence depriving some voters of their right to vote.  

    The inconsistency, the report states, is a hindrance to the transparency required by the law. 

    Rejected Votes

    The movement also found fault in the Commission’s failure to conduct adequate civic education, a factor linked to the high number of rejected votes. 

    According to the final declaration of results contained in Form 34C, there were over 113,000 rejected votes across the nation in the concluded polls. 

    Loss of lives  

    In addition, the lobby group listed the deaths of three people during the election process among the deprivations of human rights.  

    Leading on the list of election-linked deaths is that of Daniel Musyoka, the Returning Officer assigned to  Embakasi East constituency who disappeared on August 11. Musyoka’s body was discovered days later at the Amboseli National Park in Oloitoktok.

    The report also recorded the death of Brian Olunga, the aide to an aspirant in Kimili constituency, who is alleged to have been fatally shot by the area MP-elect, Didmus Barasa. 

    Also on the list of deaths linked to the election is Eunice Nyambane who was attacked and killed by rowdy youths on Juja Road while riding in her family’s car.

    Further, Angaza movement has questioned IEBC chair Wafula Chebukati’s decision to postpone elections in Mombasa, Kakamega, and other places without a valid explanation.

    According to the report, Chebukati’s unilateral announcement about the fresh postponement of the elections on Wednesday, August 17, without seeking a plenary consensus with other commissioners is a violation of the electoral laws.  

    “The statement on August 18, 2022, by Chebukati, without a plenary meeting or consultation with other commissioners that these elections be postponed, is a violation of the electoral laws,” the report stated. 

    This report comes amid threats by Raila Odinga’s Azimio la Umoja One Kenya Coalition to challenge the outcome of the presidential election at the Supreme Court.

    Lobby group lists human rights violated during elections.
    Police officers intervene after a fracas at the Bomas of Kenya during the announcement of the elections results on Monday, August 15. KENYANS.CO.KE
     

Photo Courtesy PD

Azimio la Umoja-One Kenya coalition presidential candidate Raila Odinga and his running mate Martha Karua on Thursday, August 18 met the United States congressional delegation

Raila said they discussed matters relating to the recently held general election in Kenya. 

"We held candid discussions on developments around our general election and bilateral relations with the congressional delegation of the US Senate and House of Representatives," Raila said.

Raila to move to court

The leaders also discussed Azimio la Umoja's decision to move to court to challenge the presidential results.

"We reiterated our commitment to pursuing legal means to resolve issues around the presidential election results," Raila added. 

The delegation earlier met President-elect William Ruto at his Karen residence where they held talks surrounding the just concluded general election.

 
The US congressional delegation posed for a photo with President-elect William Ruto at the Deputy President's official residence in Karen, Nairobi, on Thursday, August 18, 2022. PHOTO/Willam Ruto/Twitter

"Held talks with Congressional Delegation from the United States led by Delaware Senator Chris Andrew Coons in the company of US Ambassador to Kenya Meg Whitman at the Karen Office, Nairobi County.

"The talks touched on the just concluded elections in the country and areas of cooperation between Kenya and the United States.

"We commit to deepening relations and further partnership for the mutual benefit of the citizens of the two countries," Ruto said in a statement. 

Independent Electoral and Boundaries Commission (IEBC) Chairman Wafula Chebukati on Monday, August 15 announced that Ruto won the August 9 presidential election with 7.17 million votes against Raila's 6.94 million.

Raila rejects election results

However, Raila said that the figures announced by Chebukati were null and void and should be thrown out by a competent court of law.

One of the grounds of his rejection of the vote was the disagreement that rocked the electoral commission just before Chebukati announced the winners.

Four of the seven commissioners rejected the results on Monday saying the last phase of counting and tallying had been opaque.

Raila’s rejection of the results came even as Chebukati on Tuesday gazetted Ruto and his running mate Rigathi Gachagua, as President-elect and Deputy President-elect respectively.

Vowing to fight the results, Raila said: “The figures announced by Chebukati are null and void and must be quashed by a court of law. In our view, there is neither a legally and validly declared winner nor a president-elect. Mr Chebukati’s announcement purporting to announce a winner is a nullity.”

He also thanked his supporters for remaining peaceful as he and other Azimio leaders prepared to challenge the results.

He said that Chebukati had acted with gross impunity and in total disregard of the Constitution and the laws, adding that he could have plunged the country into chaos had Azimio supporters not exercised restraint. By Evans Maritim, People Daily

Jaffer kapasi was just a teenager when he stepped off a charter plane at London’s Stansted airport in October 1972. It was very cold, he remembers, the more so perhaps since he and his family had boarded the plane in the sunshine of Uganda. His parents were disorientated and depressed.

They spoke little English and were leaving behind a comfortable life in east Africa, complete with servants and chauffeurs. From the airport the family was taken by bus to a former army barracks in Essex, and then on to a similarly spartan camp in rural Wales.

The Kapasis were victims of Idi Amin, the thuggish dictator of Uganda. On August 4th 1972 he had announced that all 76,000-odd people of Asian descent in the country had to leave within 90 days. Amin’s decree was an act of economic suicide.

Ugandan Asians accounted for about 90% of the country’s tax revenues; with their expulsion, the economy all but collapsed. The consequences for Britain, one of the principal destinations for newly minted refugees, were far better. The Economist

From left: Rachel Ruto, President-elect William Ruto, deputy President-elect Rigathi Gachagua and his wife Dorcas Rigathi at the Bomas of Kenya. [Jonah Onyango, Standard]

The Russian Embassy in Kenya has congratulated William Ruto on being declared President-elect following the August 9 General Election.

“The Embassy of Russia is looking forward to continuing and further developing comprehensive and mutually beneficial cooperation with Kenya. We are confident that the friendly relations between our two countries and peoples will be reinvigorated and further strengthened,” it said in a statement on Thursday. 

Russia joins other embassies in Nairobi lauding the country for a peaceful election and for setting an example to the East Africa region and the African continent by large.

“We commend the people of Kenya for the peace and calm displayed on Election day, the IEBC’s organisation of the elections, and the positive roles played by civil society, religious and business leaders, and the security sector.” 

The statement dated August 17 was issued by Embassies and High Commissions in Nairobi including Canada, Germany, the Netherlands, Norway, Switzerland, Australia, Denmark, and the UK.

Ruto was declared president-elect on Monday by the Independent Electoral and Boundaries Commission (IEBC) chair Wafula Chebukati, with 50.49 per cent of the total votes cast against his closest competitor Raila Odinga who got 48.89 per cent. By Betty Njeru, The Standard

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