Armed Goons Attack IEBC Staff Preparing Presidential Petition Responses

Officials from the Independent Electoral and Boundaries Commission (IEBC) were on Monday evening, August 22 attacked by armed goons while preparing responses to the Presidential election petitions filed at the Supreme Court.

The IEBC in a statement noted that the incident that took place at 8.30 pm saw the organised group accost them with crude weapons at a premise in Nairobi.

They were however driven away by security officers as the motive of the attack was yet to be established.

The commission urged the Inspector-General of Police (IG), Hilary Mutyambai, to act promptly on the matter, which it also condemned as an act of hooliganism and intimidation.

"Today, Monday, 22nd August 2022 at around 8:30 pm an organised group of goons wielding crude weapons attempted to attack IEBC personnel preparing responses to Presidential election petitions at premises within Nairobi. However, they were repulsed by Security. 

"The Commission condemns this act of hooliganism and intimidation and calls upon the Inspector of Police (IG) to bring to an end this blatant abuse of the Rule of Law," the statement read.

The commission is preparing to file responses to the nine petitions filed at the Supreme Court- 8 challenging the presidential election results and the lone one being by ex-Gatundu South MP, Moses Kuria, who is seeking the invalidation of Azimio la Umoja leader Raila Odinga's petition seeking to invalidate William Ruto's victory.

Ruto, whom Chebukati declared President-elect on August 15 is named as a respondent in the petitions.

In the petition, Raila wants the Supreme Court to declare that the unconstitutionality, non-compliance, illegalities, irregularities and improprieties in the Presidential Election were substantial and significant in that they affected the presidential election results.

He also wants the court to declare that the August 9 general elections were not conducted in accordance with the Constitution and the applicable law rendering the declared result invalid, null and void.

Raila also wants the court to declare that Ruto was not validly declared as the president-elect and that the declaration is invalid, null and void.

He also wants the IEBC to conduct a fresh election in strict conformity with the Constitution and the Elections Act.

Raila also wants the court to declare that IEBC chairperson Wafula Chebukati committed election irregularities, illegalities in the tightly contested polls and malpractices and a report on the same sent to the Director of Public Prosecutions for purposes of prosecution.

However, experts opine that Chebukati's role at the Commission is protected by the Constitution and in a case where the re-run is called, the time frame to carry out the exercise keeps him in office as the only National Returning officer with the mandate to declare a presidential winner in the election.

Azimio lead Counsel James Orengo had prayed for Chebukati to be kicked out of the commission out of being unfit to run his role.

“We want a declaration by Chebukati quashed and that would mean that nothing happened in this presidential election. That would mean we go into re-election minus Chebukati," Orengo stated.

But should Chebukati resign, this could toss the country into a constitutional crisis and would mean that the outgoing President Uhuru Kenyatta, who is currently unable to make appointments would stay in power until the new chairman is found to run the exercise.

The process of recruiting a Commission chair is a long one, taking days and it involves the Public Service Commission (PSC) advertising for the position, shortlisting, interviews and appointments.

The Supreme Court thus has the option of either upholding Ruto's win, ordering a recount, or calling for fresh elections in 60 days.