In the response she filed at the Supreme Court on Saturday, August 27, Cherera stated that Chebukati announced what he termed as the final presidential election results which had not been tallied and verified by the Commission.
“The results read out had variances and errors which presidential agents and political parties brought to the attention of the Commission verbally and in writing,” Cherera states, further listing the following areas she claimed had mathematical errors.
Mathematical Errors
In Kiambu County, results for one of the polling stations indicated that Raila Odinga had 11 votes but in form 34A the figure captured was 111. It was also stated the results erroneously added 10,000 votes in favour of William Ruto.
Engwen and Juja constituencies were stated as having an error in favour of Raila Odinga, with results for the Juja constituency alleged to erroneously have captured Raila Odinga’s votes by an excess of 9,998.
Results for the Subukia constituency were reported by political parties to have been captured erroneously as William Ruto’s votes had been deducted.
“A similar complaint was made for Kandara constituency where it was alleged that votes had been added to Raila Odinga and deducted from William Ruto,” Cherera raised her grievances.
“These errors were never addressed by the Commission because the chairperson refused to accord an opportunity to do the same,” she added.
She also claimed that tallying and verification was not done by the Commission to, among others, ascertain the votes cast through biometric identification, votes cast through manual identification and that Ruto, set to be declared as President-elect, had received more than half of all the votes cast in the election.
They also could not ascertain whether Ruto garnered at least 25 per cent of the votes cast in each of more than half of the counties.
Chebukati’s Rush to Announce Results
According to the vice chairperson, Chebukati also proceed to tabulate the results into Form 34C used to announce the president despite pending results from 27 constituencies.
These constituencies are Bomachoge, Borabu, Bura, Eldas, Fafi, Kacheliba, Kajiado East, Kandunyi, Kapenguria, Kilifi North, Kitutu Chache North, Kuria East, Mandera West, Matuga, Mbeere North, Mvita.
Others are Narok North, Narok South, Narok West, Ndaragua, Ndhiwa, Nyakach, Rongwe, Suba North, Tigania East, Wajir North and West Mugirango.
Pausing Display Screens at Bomas
“On August 13, 2022, the display screens or results at the National Tallying Centre as they were being read out were paused and no longer showed the results garnered by the four Presidential candidates after the tallying of three million votes thereby denying the information to the Commissioners, observers, agents and the public.
“In the circumstances, the Commission could not take ownership of the result of the presidential election declared on August 15, 2022, by the chairperson,” Cherera pointed out.
She thus claimed that Chebukati clothed himself with the powers of the Commission, informed either by a deliberate misconstruction of his mandate and that of the Commissioners or a legal incomprehension of the constitutional and legal mandate of the Commission.
“Instead of abiding by the law as prescribed, the chairperson resorted to, thereafter, make unsupported public accusations against us who sought to perform their constitutional duties as required,” she told the Supreme Court.
Source: kENYANS.CO.KE
