Cherera Rubbishes Chebukati's Claim Of Forcing A Re-Run
However, they noted that Chebukati refused to avail the results for verification as required by the law before they were announced.
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A standoff that ensued at the Independent Electoral and Boundaries Commission (IEBC) took a new angle after vice-chairperson, Juliana Cherera, dismissed claims by her senior, Wafula Chebukati, that she wanted him to force a re-run of the August 9 general elections.
In a statement, Cherera and her three compatriots revealed that they asked Chebukati to table the presidential results before the plenary commission for verification and to enable the commissioners to conduct a thorough verification process as mandated by the Constitution of Kenya on the day the presidential results declared William Ruto as the president-elect.
However, they noted that Chebukati refused to avail the results for verification as required by the law before they were announced.
"Regrettably, the Chairman, Mr Chebukati, clothed himself with autocratic powers and declined to avail the results for verification as duly required by law before said results are announced. He argued that there was no Constitutional or legal basis for the Commission's involvement in supervising and verifying results received at the National Tallying Centre.
"We wish to categorically state that from his statement, the chairman, Mr Chebukati appears to have misconstrued the Constitutional and legal mandate to verify results by the commission to mean what he vaguely characterized as 'moderation' of those results," read their statement in part.
The four cited Article 88 (4) of the Constitution that states that the “Commission shall verify the results transmitted under this section are an accurate record of the results tallied, verified and declared at the respective polling stations.”
Cherera added that at no time did the Commission seek to 'moderate' election results but rather requested that a proper verification as envisaged by the Constitution be carried out.
"The Chairman, Mr Chebukati, 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 statement added.
The response comes two days after Chebukati alleged that the four commissioners wanted him to break the Constitution which led to a delay in officially declaring the results.
"The four Commissioners demanded that the Chairperson moderates the results for purpose of forcing an election Re-run contrary to their oath of office. This is tantamount to subverting the Constitution and the sovereign will of the People of Kenya.
"The Chairperson refused to yield to this unconstitutional and illegal demand and proceeded to declare the results of the Presidential Election as received from the polling stations," he explained.
On Cherera's 0.01 per cent doubts on the total accorded to four presidential aspirants, Chebukati said that the extra percentage that amounted to 142,000 votes unaccounted for was fake.
Chebukati reiterated that it is the law that provides that the Chairperson of the Commission is the Returning Officer of the Presidential Election.
Further, Article 138(10) of the Constitution of Kenya 2010 empowers the Chairperson of the Commission to within seven (7) days declare the result of the election and a written notification of the result handed to the Chief Justice and the Incumbent President.
