The Independent Electoral and Boundaries Commission chairman Wafula Chebukati has alleged that Azimio la Umoja Director Raphael Tuju and former Attorney General Amos Wako visited him on August 15, August, the day the presidential election result was announced in the morning.
Chebukati made the allegations in his reply affidavit to Azimio la Umoja One Kenya coalition leader Raila Odinga and his running mate Martha Karua’s petition at the Supreme Court in which they contested the presidential election results that declared William Ruto the winner of the election.
According to Chebukati, he was informed that Tuju and the former Kitui Governor Charity Ngilu wanted to see him on August 13, 2022.
That was about the time they were dismissing the verification process of the presidential election results.
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Chebukati claimed Tuju and Chebukati wanted IEBC to first consult chief agents before deciding to speed up the process.
The IEBC chair said they advised Tuju and Ngilu to follow protocol for raising complaints after which Tuju sought a private audience with him but did not succeed.
Chebukati went further to allege that Tuju sought him for the third time two days later in the company of two other individuals and that time succeeded to meet him.
The IEBC boss claimed the agenda of the meeting was to convince him to alter the presidential election results to favour a presidential candidate in order to avert a crisis.
Tuju allegedly pledged a hefty compensation for his troubles, which he turned down on grounds that the government was already paying him to perform his duties.
“At about 3 am on the morning of 15th August, 2022, I was visited by Raphael Tuju, Senator Amos Wako and Advocate Kyalo Mbobu. They indicated that they had made several attempts to see me to discuss the tallying and results. I told them that I could only meet them in the presence of all Commissioners,” Chebukati’s affidavit read.
“Shortly after, all the Commissioners joined us and Senator Wako was the first to speak. His message was that the Commission should not operate in a vacuum and that it must consider the link between the election results to be declared and stability of the country which he described to be the bigger picture. He proceeded to indicate that in his tenure as Attorney General he was the election supervisor and would moderate results guided by the need to achieve law and stability.”
Chebukati further stated in his affidavit reply that Tuju who spoke after Wako said it was important to tilt the presidential election results to favour Raila because any other result would plunge the country into chaos. Alternatively, Tuju allegedly suggested IEBC should force a run-off and for that, there would be a good reward.
“Raphael Tuju spoke after Senator Wako. He indicated that it was necessary for the results to be 'moderated in favour of baba' and that any contrary declaration of results would 'plunge the country into chaos'. As an alternative, he suggested that in the event that it was not possible to declare 'baba' as the President-Elect, then the Commission should force a run-off. For this, he indicated that should his request be granted it would be adequately rewarded,” Chebukati said.
The IEBC boss then claimed that he consulted the other commissioners to offer their opinions on the matters that were raised by Tuju and Wako.
Chebukati claimed the four commissioners, including his vice chairperson Juliana Cherera, Irene Masit, Justus Nyang’aya and Francis Wanderi concurred with the suggestion to tilt the presidential election results to favour one presidential candidate.
According to Chebukati, three commissioners namely Hussein Marjan(IEBC CEO) Boya Molu and Abdi Guliye paid no attention to such discussion as they claimed they knew not the results of the election at that time.
“Having heard the sentiments of Hon. Tuju and Senator Wako, I invited the Commissioners to comment. Commissioners Juliana Cherera, Justus Nyang'aya, Irene Masit and Francis Wanderi agreed with the remarks of both Senator Wako and Hon. Tuju. On the other hand, Commissioner Prof. Abdi Guliye took the view that they did not even know the result by then and that the issue could not fall for discussion, a view that was shared by Commissioner Molu and the CEO,” the affidavit read.
Chebukati maintained he was firm on his decision to announce the presidential results according to the final tally from all the polling stations.
“On my part, I took the firm view that I will respect the will of the people and announce the results as per the final tally from all the polling stations. As regards the incentive, r was categorical that I am adequately remunerated and do not want anything from anyone. Prof. Guliye and Commissioner Molu supported this view.”
