Sanyatti
Member
FOUL PLAY? OR IS THE MATH NOT MATHING.
In an address to the nation at the KICC yesterday, Presidential candidate Mr Raila Amollo Odinga rejected the Presidential results announced by the Independent Electoral and Boundaries Commission Chairman Mr Wafula Chebukati on 15th August 2022 at the Bomas of Kenya.
Mr Odinga claimed that the results were null and void and claimed gross misconduct from the IEBC Chair. Mr Odinga further claimed that hours before the announcement, Mr Chebukati met the commissioners of the IEBC and made a unilateral decision to announce the result without the verification of the other commissioners. This led to the walkout of four of the seven commissioners who then aired a presser at the Serena hotel a few minutes before Mr Chebukati's announcement. The Vice Chair of the IEBC Ms Cherera announced at the Serena hotel that the tallying process was opaque.
Mr Odinga called for his supporters to maintain peace as he would seek all legal and constitutional means to resolve this injustice.
A few moments before Mr Odinga's press conference at the KICC, the four IEBC commissioners aired a presser at the Serena hotel. They gave four reasons why they disowned the results announced by the IEBC Chair Mr Chebukati.
Ms Cherera's first reason was that Mr Chebukati's aggregation which was as follows: Raila Odinga - 48.85% William Ruto - 50.49% Waihiga Mwaure - 0.23% George Wajackoyah - 0.44% gives us a summation of 100.01%. She claimed that the extra 0.01% translated to 142,000 votes which made a significant difference if in the final result. Note that the total number of valid votes cast was 14,213,027.
Secondly, she claimed that the results declared and announced did not indicate the total number of registered voters, the total number of votes cast or the number of rejected votes if any. She also claimed that the results announced lacked the total number of valid votes cast to support the percentages scored by the four candidates. She further said that Mr Chebukati claimed that Raila Odinga attained 25% of the votes in 34 counties while William Ruto attained 25% in 39 counties. She then asked which figures in the 34 and 39 counties respectively constituted the Independent variable to warrant that conclusion. She also claims that in absence of a credible and verifiable explanation they- the four commissioners concluded that the process of generation of form 34 C used in the Presidential declaration was opaque and incapable of earning their ownership and confidence.
In her third reason, she brought to light the Maina Kiai Case Petition n.o 106 of 2016 as upheld by the Court of Appeal in Civil Appeal n.o 105 of 2017 and affirmed by the Supreme Court of Kenya. She claimed that the results announced by Mr Chebukati on 15th August 2022 belong to himself and do not represent the declaration and announced by the IEBC. She said that the commission has to process the results before they are declared and announced by the Chair. She went further to quote the holding of the Maina Kiai case;
"We reiterate as we conclude that there is no doubt from the architect of the law we have considered that the people of Kenya did not intend to vest or concentrate such sweeping and boundless powers in one individual, the chairperson of the Appellant. The emphasis is but the commission's chairperson has conducted the election as though he is the national returning officer, a non-existent role and his role in declaring results that were not approved by all 7 commissioners renders the results unconstitutional to the extent that this is his own result a opposed to the IEBC. In keeping to article 138 of the constitution there is no national Presidential election in Kenya but rather the Presidential election is held in each constituency."
The fourth reason she gave is that contrary to the constitution and legislation, when the Chairman announced the final result, results from some constituencies had not been announced.
The above events have attracted various opinions from Kenyans across the board. Some Kenyans are certain that there was indeed foul play and that the Judicial system should look into the above claims and grant Mr Odinga justice.
On the other side of the spectrum, some Kenyans do not agree with the the above claims. They argue that 0.01% of the total votes cast translates to 1,421 votes and not the 142,000 votes aforementioned.
Dr Ojwang yesterday on an interview aired on NTV explained the Maina Kiai case saying that in that particular case, the chair did not rely on the results from the polling station and that is the reason the court held that the results were his own and not of the IEBC. He argues that Mr Chebukati relied on form 34 As from the polling station, a result which is final and cannot be changed. Dr Ojwang further argues that all the form 34 As were in the public domain. He goes on to say that this was a wrongful citation and that this is a case where the four commissioners disagree not with the result, but with the winner.
Other Kenyans could not help but not notice that the four commissioners were wearing the same clothes during their pressers on the 15th and 16th of August at the Serena hotel respectively.
Either way, all eyes turn to the corridors of justice.
In an address to the nation at the KICC yesterday, Presidential candidate Mr Raila Amollo Odinga rejected the Presidential results announced by the Independent Electoral and Boundaries Commission Chairman Mr Wafula Chebukati on 15th August 2022 at the Bomas of Kenya.
Mr Odinga claimed that the results were null and void and claimed gross misconduct from the IEBC Chair. Mr Odinga further claimed that hours before the announcement, Mr Chebukati met the commissioners of the IEBC and made a unilateral decision to announce the result without the verification of the other commissioners. This led to the walkout of four of the seven commissioners who then aired a presser at the Serena hotel a few minutes before Mr Chebukati's announcement. The Vice Chair of the IEBC Ms Cherera announced at the Serena hotel that the tallying process was opaque.
Mr Odinga called for his supporters to maintain peace as he would seek all legal and constitutional means to resolve this injustice.
A few moments before Mr Odinga's press conference at the KICC, the four IEBC commissioners aired a presser at the Serena hotel. They gave four reasons why they disowned the results announced by the IEBC Chair Mr Chebukati.
Ms Cherera's first reason was that Mr Chebukati's aggregation which was as follows: Raila Odinga - 48.85% William Ruto - 50.49% Waihiga Mwaure - 0.23% George Wajackoyah - 0.44% gives us a summation of 100.01%. She claimed that the extra 0.01% translated to 142,000 votes which made a significant difference if in the final result. Note that the total number of valid votes cast was 14,213,027.
Secondly, she claimed that the results declared and announced did not indicate the total number of registered voters, the total number of votes cast or the number of rejected votes if any. She also claimed that the results announced lacked the total number of valid votes cast to support the percentages scored by the four candidates. She further said that Mr Chebukati claimed that Raila Odinga attained 25% of the votes in 34 counties while William Ruto attained 25% in 39 counties. She then asked which figures in the 34 and 39 counties respectively constituted the Independent variable to warrant that conclusion. She also claims that in absence of a credible and verifiable explanation they- the four commissioners concluded that the process of generation of form 34 C used in the Presidential declaration was opaque and incapable of earning their ownership and confidence.
In her third reason, she brought to light the Maina Kiai Case Petition n.o 106 of 2016 as upheld by the Court of Appeal in Civil Appeal n.o 105 of 2017 and affirmed by the Supreme Court of Kenya. She claimed that the results announced by Mr Chebukati on 15th August 2022 belong to himself and do not represent the declaration and announced by the IEBC. She said that the commission has to process the results before they are declared and announced by the Chair. She went further to quote the holding of the Maina Kiai case;
"We reiterate as we conclude that there is no doubt from the architect of the law we have considered that the people of Kenya did not intend to vest or concentrate such sweeping and boundless powers in one individual, the chairperson of the Appellant. The emphasis is but the commission's chairperson has conducted the election as though he is the national returning officer, a non-existent role and his role in declaring results that were not approved by all 7 commissioners renders the results unconstitutional to the extent that this is his own result a opposed to the IEBC. In keeping to article 138 of the constitution there is no national Presidential election in Kenya but rather the Presidential election is held in each constituency."
The fourth reason she gave is that contrary to the constitution and legislation, when the Chairman announced the final result, results from some constituencies had not been announced.
The above events have attracted various opinions from Kenyans across the board. Some Kenyans are certain that there was indeed foul play and that the Judicial system should look into the above claims and grant Mr Odinga justice.
On the other side of the spectrum, some Kenyans do not agree with the the above claims. They argue that 0.01% of the total votes cast translates to 1,421 votes and not the 142,000 votes aforementioned.
Dr Ojwang yesterday on an interview aired on NTV explained the Maina Kiai case saying that in that particular case, the chair did not rely on the results from the polling station and that is the reason the court held that the results were his own and not of the IEBC. He argues that Mr Chebukati relied on form 34 As from the polling station, a result which is final and cannot be changed. Dr Ojwang further argues that all the form 34 As were in the public domain. He goes on to say that this was a wrongful citation and that this is a case where the four commissioners disagree not with the result, but with the winner.
Other Kenyans could not help but not notice that the four commissioners were wearing the same clothes during their pressers on the 15th and 16th of August at the Serena hotel respectively.
Either way, all eyes turn to the corridors of justice.