Tough Questions Supreme Court Judges Want IEBC To Answer

Viral Tea looks at some of the questions each of the seven judges asked the lawyers for clarification:

Marvin Chege Marvin Chege
Sep 1, 2022 - 17:00 Updated: Sep 2, 2022 - 06:14
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Tough Questions Supreme Court Judges Want IEBC To Answer
A collage of the Supreme Court judges. /COURTESY

The Supreme Court of Kenya posed serious questions to the legal team representing the Independent Electoral and Boundaries Commission (IEBC), seeking clarifications with regard to their responses to the ongoing presidential petition.

Chief Justice Martha Koome on Thursday, September 1 allowed the apex court judges to field questions to the commission. IEBC was being represented by former Attorney General Githu Muigai, Senior Counsel Abdikadir Mohamed, Senior Counsel Kamau Karori, lawyer Mahat Somane and lawyer Eric Gumbo.

Viral Tea looks at some of the questions each of the seven judges asked the lawyers for clarification:

Chief Justice Martha Koome

Why did the live streaming of presidential election results stop? Why didn’t the chairman tell Kenyans exactly what happened? If the results had kept streaming on the screen at Bomas, there would not have been any "piki piki ponki" the loser would know he has lost even before being called to Bomas.

The Supreme Court judges hearing the presidential petition on September 1, 2022. /COURTESY

How were Forms 34As in the petitioners’ affidavits photoshopped?

Is this disconnect rising from the IEBC? The role of IEBC is to conduct and supervise elections. Why did the IEBC chair allocate commissioners' domestic chores as opposed to the core business according to the Constitution?

Deputy Chief Justice Philomena Mwilu

How was the walking out of the commissioners timed? In fact, except for the violence at Bomas, the split screen of media houses would be showing them addressing the media at the same time as Bomas's team.

The constitution places the burden of holding a credible election on the IEBC, what happens if there are no agents? At some point, I thought Cherera and the team at Serena were going to give us their results.

What was the IEBC supposed to do, on one hand, they're being told by NSAC "hurry up and announce" on the other hand as stated by Justice Lenaola there is still time, a whole day before you can announce?

The constitution places the burden of holding a credible election on the IEBC, what happens if there are no agents?

Someone named the 4 IEBC commissioners as respondents, by whatever name called, they remain commissioners. There is an affidavit that they have taken sides. What is the position taken by a commissioner? If they take sides, what is the court to do?

Justice Smokin Wanjala

Why didn't Chebukati announce the results of the 27 constituencies if they had been verified and tallied just before he announced the Presidential results?

Mr Mahat (to Mahat Somane), you did concede that the Venezuelan had access to the server, as part of the maintenance. What was he maintaining in that system?

Are we to assume that by the time Mr Joseph Kinyua was making a call to have the election results in favour of Mr Odinga, did they know the results?

How relevant is the voter turnout in the attainment of 50% plus one vote by a candidate? Would you advise Ruto to let go?

Justice Njoki Ndung'u

It seems that Chebukati works with the CEO who is not vetted by the parliament but appointed, he seems to wield immense powers over and above the other commissioners. What is the role of these commissioners?

From the narrative, we are hearing in court, there seems to be an all-powerful chair. What would happen if he was to announce the wrong results, mentally incapacitated, sick or dead?

What happens (till the commissioners are gazetted) to the other results at the constituency and County levels such as the Governor, Senator, MP, Women Rep and MCA results?

Justice Isaac Lenaola

IEBC had an extra day to declare results, why didn't Wafula Chebukati wait until that day, reach out to the other four commissioners and address other questions?

At what point does the image taken at the polling station become a PDF?

Justice William Ouko

The appointment Chebukati was gazetted by Chebukati himself. Was he gazetted as an agent of the commission or a National Returning Officer in his capacity as the chairman of the commission? Were there any resolutions preceding this appointment?

There was an allegation that a 33,000 vote differential was noticed. How many constitute stray ballots? Did you have instances where voters walked into the polling station and only voted for the president?

In their submissions, talked about streaming results live, and then something happened, and they stopped. Can you explain to us what may have happened for this to have stopped?

Justice Mohamed Ibrahim

We saw a commotion at the Bomas of Kenya on TV, would you still expect the court to apportion blame or take action when the matter is not before us?

Lawyers defend the IEBC at the Supreme Court on September 1, 2022. /COURTESY

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