IEBC: Ruto Gazetted As President-Elect

Independent Electoral and Boundaries Commission (IEBC) chairman Wafula Chebukati has officially gazetted William Ruto as the President-elect.

The gazette notice dated Tuesday, August 16 also revealed that Rigathi Gachagua is the deputy president-elect.

"In exercise of the powers conferred by Articles 88 (4), 136, 138 (4) and (10) and 148 (3) of the Constitution of Kenya, section 4 of the Independent Electoral and Boundaries Commission Act, 2011, section 39 (1), (1C) and (1H) of the Elections Act, 2011, Regulation 87 (3) and (8) of the Elections (General) Regulations, 2012, the  Chairperson of the Independent Electoral and Boundaries Commission declares that...

"In respect to Article 136 (1) of the Constitution, Ruto William Samoei and in respect to 148 (3) of the Constitution: Gachagua Rigathi, have been duly elected as the President and Deputy President, respectively, of the Republic of Kenya having complied with the provisions of Article 138 (4) of the Constitution, during the General Election held on Tuesday, 9th August 2022," read the notice.

The gazette notice means that the two have the mandate to run the country once they are officially sworn in.

Ruto claimed victory in the presidential elections with a total vote count of 7,176,141 (50.49 per cent) against his closest rival, Raila Odinga of the Azimio la Umoja coalition with a total of 6,942,930 (48.85 per cent).

Raila is yet to respond to the loss, but communication from his press secretary, Dennis Onsarigo, revealed that he will address the nation from the Kenyatta International Convention Centre (KICC) from 2 pm today, with media invited to provide coverage.

Prior to the announcement of the results, drama broke out on two fronts; the chaos at Bomas of Kenya where Chebukati had to be whisked away and the separate press conference by four IEBC commissioners, among them IEBC Vice Chairperson Juliana Cherera.

Cherera, alongside three other commissioners, Francis Wanderi, Justus Nyangaya, and Irene Masit, rejected the presidential results.

"We are not at the Bomas of Kenya because we cannot take ownership of the results that are going to be announced because of the opaque nature in which these results have been handled," she said, further declining questions from journalists.

This, however, could have legal implications despite the President-elect, Ruto stating that the commissioners declined to attend the function but had no mandate to declare a winner, since Chebukati, the presidential returning officer was in charge.

The Second schedule Section 8, Act No 1 of 2017 and Section 31, Act No. 34 of 2017 of the IEBC Act 2017 states 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."

Did Chebukati Mess Up In Announcing Results After 4 IEBC Commissioners Protested?

Lawyers believe that Chebukati did not err in making the announcement in the exercise of his mandate as the Chairperson of the Commission as the Commissioners had only made a statement but not in writing.

They indicated that the four were just Commissioners but Chebukati discharged his role as the National Returning Officer, who can only make a declaration for the presidential election results.

The law further states that IEBC must meet a quorum to undertake its obligation in carrying out an election exercise that states they shall not be less than a half.

"The quorum for the conduct of business at a meeting of the Commission shall be at least half of the existing members of the Commission, provided that the quorum shall not be less than three members."

Nonetheless, they advised that anyone who feels the results were not announced in accordance with the law should file a petition at the Supreme Court.

In a Supreme Court ruling in April this year on the Building Bridges Initiative (BBI), IEBC won the protracted court battle when it was found that it had a quorum to verify the signatures, opening the pathway for the commission ahead of this year's general election at a time when it had just three commissioners.

“Although paragraph 5 of the Second Schedule of the IEBC Act fixed the quorum at five commissioners, this cannot override the Constitution. Moreover, there was a judgement of the High Court in which... it was held that the IEBC was quorate and therefore the Commission cannot be faulted for following the said decision,” Chief Justice Martha Koome ruled.