Cherera 4: We were threatened and kicked out of IEBC
IEBC former commissioners Francis Wanderi and Justus Nyang'aya before the bipartisan committee during the National Dialogue Committee proceedings at Bomas of Kenya on September 28, 2023.
Four former electoral commissioners commonly referred to as Cherera Four yesterday recounted their ordeals that ended with them being thrown out of office over their decision to reject the results of the 2022 presidential election.
Former Independent Electoral and Boundaries Commission (IEBC) vice-chairperson Juliana Cherera and commissioners Francis Wanderi, Justus Nyang’aya and Irene Masit spoke of ongoing security threats after they rejected results showing President William Ruto had won the election.
They said the threats had forced Ms Masit and Ms Cherera to flee the country. The two appeared before the bipartisan talks team virtually, while Mr Wanderi and Mr Nyang’aya appeared in person at the Bomas of Kenya.
And for the first time, the four told the National Dialogue Committee co-chaired by Wiper leader Kalonzo Musyoka and National Assembly Majority Leader Kimani Ichung’wah that they had been forced to resign.
They said that former IEBC Chairman Wafula Chebukati unilaterally tallied the presidential results and that they only saw aggregated results from the 47 counties and not from the 290 constituencies required to fill the Form 34C used to declare presidential results.
“The chairman gave us a summary of the county results. We asked him, are these the commission’s results or your results? He said those who wanted to be part of the results should follow me. He left and we were left in the meeting room,” Mr Nyang’aya said.
“We stayed in the meeting room to consult. We needed to explain to the country why we were not going with Chebukati to the auditorium to announce the results,” he explained. The four later went to Serena Hotel where they announced their rejection of the results.
Mr Chebukati, and commissioners Abdi Guliye and Molu Boya, who were also expected to appear, snubbed the talks team’s invite. In a joint statement, they said they did not want “to discuss issues that have been resolved and appearing before the committee would be tantamount to betraying IEBC staff who were tortured and murdered and to reward impunity”.
They instead suggested that a commission of inquiry should be established to look into the events of August 15 when the results were announced.
The Cherera four told the team how Mr Chebukati acted unilaterally with the help of counting agents and handpicked officials in total violation of Article 138 (2) and (3) of the Constitution and Section 39 of the Electoral Act.
Ms Masit recounted how she was forced to flee her home on a motorcycle in the middle of the night after unknown people went to her house. The following night, she fled the country. She said certain people, whom she did not name, wanted her to drop a case she had filed challenging her impeachment by the tribunal set up by President Ruto.
Ms Cherera described how the aftermath of the election had taken a toll on her and her family.
“We still deny the results to this day. I did not resign for myself. I resigned for the sake of this country, I did not want blood to be shed because of me,” she said.
Mr Ichung’wah and Embu Governor Cecil Mbarire claimed that the way the four were appointed to the commission may have played a role in their decision to reject the results.
Mr Ichung’wah said the committee that appointed them was made up of Jubilee Party and ODM members, effectively suggesting that their appointments could have been influenced by Mr Raila Odinga and former President Uhuru Kenyatta.
Ms Mbarire asked why the former commissioners did not raise the issues they had raised at the Supreme Court.
However, members of the opposition team appear to be siding with the former election officials. Former Defence Cabinet Secretary Eugene Wamalwa said it was the first time IEBC had declared a winner using results rejected by the majority of commissioners.
"It cannot be that you were all wrong and only Chebukati was right. There must be something about his personality," said Mr Wamalwa.
Mr Wamalwa went on to describe Mr Chebukati as arrogant for his decision to snub the talks team. Mr Wamalwa said the fact that Mr Chebukati had ended up at loggerheads with the majority of the commissioners, including the Akombe team of commissioners, and CEO Ezra Chiloba.
But the remarks saw him and EALA MP Hassan Omar trading barbs for a moment.
It was not the first time Mr Omar had exchanged words with a member of the opposition. Last Thursday, he had a nasty confrontation with Jubilee Secretary-General Jeremiah Kioni.
