Supreme Court Puts Cherera & 3 Commissioners to Task

The four commissioners led by Vice Chairperson Juliana Cherera had raised reservations as regard the conduct and treatment of the commission’s chair Wafula Chebukati.

Key among the concerns are the menial roles assigned to the commissioners at the Bomas National Tallying centre and Chebukati’s refusal to involve them in the tallying process. 

Hon. Justice Lenaola Njagi (left) giving orders as Hon. Justice Smokin Wanjala (right) watches on at the Supreme court on August 31, 2022

Judiciary

However, the commissioners, represented by their counsels, will have to shed more light on the matters according to the seven judges of the apex court. 

Justice Isaac Lenaola put the commissioners’ lawyers to elucidate the reason they waited until the dying moments of the election cycle to protest against the alleged opaqueness of the chairman.

Lenaola also asked whether the four commissioners had any form of evidence to prove that the chairperson had been running a one-man show without involving or acknowledging the input of his fellow commissioners. 

“We saw your clients in public reading the results until the eleventh hour, what evidence do we have that this is not an afterthought and that they are doing this out of good faith,” Justice Lenaola raised. 

“What evidence do we have showing that for the last three, four months that they documented and there was, therefore, a storm brewing? My own sense of view is that when you come only at the point of the final declaration how then do we trust that there were issues before,” he added. 

Justice Smokin Wanjala also held the same perspective as regards the failure of the commissioners to protest against the roles assigned to them. While addressing the court, Wanjala questioned why they had to wait until the tail end yet they had a chance to challenge at the very beginning. 

“I am just wondering that these very serious Kenyans did not seize that chance and protest to Kenyan people that the roles we are being assigned have nothing to do with tallying and verification, why to the tail end because I am sure the voter out there also wants to know,” questioned Justice Wanjala. 

On her part, Chief Justice Martha Koome sought more clarity on when exactly the crises in the electoral commission started given that the four dissenting commissioners’ presence was ever present while making announcements on live television. 

“When did the commission become so dysfunctional,” she asked. 

“Is there a point where the commissioners were working together in tallying and verifying and then suddenly there was a stoppage? We really want to understand that.” 

The counsels representing the four commissioners and those acting for the first petitioner (Raila Odinga) will be accorded an opportunity to respond to the questions on Thursday, September 1.  

A display of the Supreme court session as hearing of petition continues on August 31, 2022

Judiciary