During the hearing of the presidential petition, Raila Odinga’s lawyer Paul Mwangi addressed the sixth issues that the Supreme Court will be determining which seeks to establish whether IEBC carried out verification tallying and declaration of results in accordance with the provisions of Article 138 (3c) and Article 138 (10) of the Constitution.
In his submission, Mwangi said that the declaration of William Ruto as the president-elect is not a constitutional declaration and was not made under article 138.
This is because of Chebukati’s move to declare the final result which did not reflect the decision of all of the commissioners and looked like his personal decision since majority of the commissioners did not agree with im. There is also the issue of the 27 constituencies whose final results were not made public thus raising questions of the legitimacy of the election.
“It’s our position that Mr. Wafula Chebukati has disrespected the constitution and has been unable to secure the legitimate results of the election that was conducted.
“The power given to the Chairman of IEBC to declare the results of an election in no way gives him any power to decide what that result will be. What the chairman has attempted to do is install himself as the new age supervisor of election, totally emasculate the role of all other commissioners and you now have a decision that is supported by a minority of the commission” Mwangi stated.
Aside from that, the lawyer insinuated that the four commissioners led by Juliana Cherera were telling the truth, because of Chebukati’s soiled reputation and that he had not raised any complaints about the commissioners conduct since they joined IEBC.
“First and foremost, Mr. Wafula Chebukati has not had a complaint of how this commissioners had worked ever since they entered the commission in September 2021 on the other hand, there is a list of complaints of how he himself has conducted this election that start way back from 2017 that be bangled up the 2017 elections, he had four other commissioners resign on him previously, he unilaterally made decisions about use of registers and in our affidavit we have made the list of all the misconduct that he himself has executed,” the lawyer said.
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