September 28, 2022

  • Outgoing Makueni governor, Kivutha Kibwana, has weighed in on the Azimio La Umoja coalition’s decision to take legal action and challenge the presidential election results.

    A day after the Independent Electoral and Boundaries Commission (IEBC) chairman and the National Returning Officer, Wafula Chebukati, declared William Ruto as the president-elect, Raila Odinga claimed that the results were null and void.

    Azimio’s allegations are similar to the concerns raised by four of the seven IEBC commissioners led by the vice chairperson, Juliana Cherera.

    Raila Odinga at KICC giving his speech to the Media about IEBC commission on August 16, 2022
    Raila Odinga addresses the media at KICC on Tuesday, August 16, 2022
    Kenyans.co.ke

    Kibwana, however, argues that Azimio’s petition must consider several factors if it has to pass the test of time and convince the Supreme Court judges to either nullify the election, order a recount or rule in its favour.

    Here is what the outgoing governor opines Azimio must address.

    Sufficient Evidence

    The outgoing governor says Azimio must to ensure that it has sufficient legal and factual grounds to warrant the petition.

    In the two meetings held by the party at KICC, Raila’s running mate, Martha Karua, repeatedly stated that their victory was only delayed.

    Prior Concerns

    In the activities during the electioneering period, were their concerns raised by Azimio, observers, or any other non-partisan stakeholder about election malpractice?

    He opined that any concerns should have been raised to alert the public. 

    Disagreements 

    At the Bomas of Kenya, commissioners were mandated to announce presidential election results. The results were also posted on the public portal. 

    Did any commissioner challenge the veracity of the posted and announced results?

    Difference

    In the presidential results announced for a certain county, was there a difference in the total results for all MCAs, governors, and other elective posts.

    Opposition

    At the polling station, did the presidential agents challenge the results announced and demand a recount? Were these requests denied?

    Dispute

    At any point, did the majority of election observers dispute the poll results and deem the election unsatisfactory?

    Drift

    Azimio should consider whether the drift among the IEBC commissioners only occurred when a specific presidential candidate was revealed as the winner.

    Also, did the four commissioners use their majority status to oppose the results?

    Appointment

    The four commissioners were appointed separately from the other three and took office when the general elections approached.

    Does the appointment of the 4 result in ‘two’ Commissions and how does this affect the results?

    Impact

    Did the bureaucracy of the IEBC positively or negatively contribute to the final presidential results announced?

    Overflow

    In the final presidential election results announced, did the votes exceed by 142,000, 14,200, 1,420, or not at all? If this is the case, Ruto did not garner 50 per cent of the votes.

    Retention

    In the concluded polls, did any of the two leading presidential candidates retain their 2013 and 2017 strongholds or did one raid the other territory. Did the coalitions affect voter turnout?

    Campaigns

    In the months leading up to the election day, each team held campaigns across the country to woo voters. How effective were these campaigns?

    Postponed

    Azimio should question whether the postponement of elections in several areas was intentional and how did this affect the final presidential election results.

    Loopholes

    Kiems kits failed in several parts of the county on Tuesday, August 9, especially in Makueni. Did the failure have an impact on the overall results?

    Blame

    If the Supreme Court nullifies the presidential election results, who would be blamed, the president-elect, IEBC, Wafula Chebukati, or other actors?

    If the results are nullified, would voters side with the president-elect?

    Ruling

    Will the Supreme Court rule similar to the 2017 petition or would it uphold the decision of the IEBC and strengthen the Commission’s democracy?

    International community

    What is the strategic interest and expectations of the international community and neighboring African countries? Is it intentional to withhold congratulatory messages to the president-elect?

    Voters

    To the Kenyans that voted for Raila Odinga, those who never voted, and the unregistered, how will they deal with the president-elect’s victory? 

    The Nation

    How will the resolution of the electoral question impact the country’s democracy, peace, stability, and economic revival? Is it possible to incorporate both contenders’ economic manifestos?

    Kenyans

    In the looming legal and political drama, will ‘Wanjiku’s’ key interests be upheld?

    The Supreme Court of Kenya
    The Supreme Court of Kenya.
    Kenyans.co.ke
  • Source: kENYANS.CO.KE

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