Clarify role of IEBC commissioners, AG Paul Kariuki asks Supreme Court
IEBC Chairperson Wafula Chebukati and the electoral agency commissioners during a media briefing at the Bomas of Kenya Nairobi on July 7, 2022. On the right is Attorney-General Paul Kihara Kariuki.
Attorney-General Paul Kihara Kariuki wants the Supreme Court to clarify the role of the members of the electoral commission in tallying, verifying and declaration of presidential election results so as to avoid disputes in future polls.
And the AG has rejected claims by the Independent Electoral and Boundaries Commission Chairman Wafula Chebukati that senior government officials, who are members of a top security organ, tried to pressure him not to declare Deputy President William Ruto the President-elect.
The AG yesterday called on the apex court to clarify the provisions of Article 138 of the Constitution (Procedure at presidential election) in relation to the functions of the chairman of the commission and the role of the commission as a body in the conduct of presidential elections.
Future election
“The office of the Attorney-General wants clarification on the chairman position for future election and how it impacts on other commissions. Is the executive role conferred on the chairman or is he part of the commission and can he/she only act in community with the commission? We request the court to clarify whether the chairman is part of the commission,” said the AG through lawyer George Oraro.
But even as he sought clarification, the AG said that the role of the chairman of IEBC is to declare the results, and the role of the commission is to tally and verify.
Addressing the Supreme Court judges in the presidential election petitions lodged against the election of Dr Ruto as President, Mr Oraro emphasised that the Attorney-General is neutral in the court dispute.
“I would wish to declare that the Attorney-General is completely neutral on the dispute before this court,” said senior counsel Oraro.
The AG also told off Mr Chebukati over allegations that members of the National Security Advisory Council (NSAC) attempted to influence the outcome of the presidential election.
Respected civil servants
He denied allegations that the NSAC tried to influence the electoral agency’s chairman to tilt the presidential election race in favour of former Prime Minister Raila Odinga.
The AG said the NSAC, being a constitutional agency and top security organ, its members are respected civil servants who are not interested in politics of the country.
“The allegations made by the IEBC chairman are extremely grave and have irretrievably sullied the conduct of the officials concerned and if proven, can constitute an offence. The court views such allegations with great gravity,” said Mr Oraro.
He continued: “The allegation made cannot fly; the chairman is soiling the character of other people to augment his claim”.
The lawyer stated that members of NSAC are persons of principle and integrity.
Mr Oraro said the IEBC chairman lied in his affidavit when he claimed that NSAC members wanted him to moderate presidential results and that he had no prior connection with the security organ.
“The chairman of IEBC has purported to present before the court that he has neither the knowledge nor connection with the NSAC, the record establishes otherwise. On July 4, 2022 the chairman was in attendance of a meeting of NSAC where he briefed them about the status of the election preparedness and sought to involve them fully in the process,” said Mr Oraro.
During the said meeting, the lawyer said, Mr Chebukati was also promised by the NSAC support in budgetary allocation.
The lawyer, however, admitted that members of the NSAC visited the IEBC chairman at the national tallying centre on August 15, during the tallying.
The court heard that the visit was as a result of the activities of August 13 and 14 when there was suspension of displaying of the presidential election results on a screen at the Bomas of Kenya.
“NSAC are Kenyans of integrity and respected persons. It is unfortunate to have their names soiled in a political contest. They went to Bomas after being sent with a message but got accused of interfering with an election process,” said Mr Oraro.
In addition, the visit was not unexpected since Head of the Public Service Joseph Kinyua had booked a meeting with Mr Chebukati.
Mr Chebukati and another member of the polls body, Prof Abdi Guliye, made the allegations against the NSAC in their court papers in response to the court petitions.
The chairman and Prof Guliye claimed that NSAC sent a team comprising Principal Administrative Secretary in the Office of the President Kennedy Kihara, Solicitor-General Kennedy Ogeto, Police boss Hillary Mutyambai and Lieutenant General Francis Ogolla to Bomas.
In their affidavits, the IEBC chiefs claim the NSAC said that a result against Mr Odinga would plunge the country into chaos.
