Independent Electoral and Boundaries Commission (IEBC) Deputy Chair Juliana Cherera has been accused of supporting attempts to overturn the will of voters in the just-concluded August 9 election, in which the vice president William Ruto was declared president-elect.
In separate affidavits filed in the Supreme Court on Saturday August 27, IEBC President Wafula Chebukati and Commissioner Abdi Guliye noted that Cherera had asked the head of the electoral body to moderate the results in favor of a second round.
Guliye said Cherera asked the commissioners to deduct the votes from Ruto’s tallies and add them to the rejected votes.
Left to right: IEBC Vice President Juliana Cherera, Commissioner Abdi Guliye and President Wafula Chebukati at Bomas in Kenya on Monday August 8, 2022.
He explained that the move would have seen the country return to the polls as none of the four presidential candidates would have met the 50% plus one vote requirement.
The commissioner added that Cherera made the request after a team from Azimio la Umoja led by executive director Rapahel Tuju and former Busia senator Amos Wako made similar demands.
Moreover, he said he received a delegation from the National Security Advisory Council (NSAC) who explained that a victory for Ruto would have thrown the country into chaos.
Guliye added that Chebukati, Commissioner Boya Mulu and himself declined the request made by Cherera and supported by other dissident commissioners.
“CEO Marjan (Hussein Marjan) entered the meeting room with the final results and handed a copy of the results to each commissioner. A debate ensued. Four commissioners Cherera and commissioners Justus Nyang’aya, Irene Masit and Francis Wanderi protested and insisted that the results should be changed in light of the communication from the NSAC delegation.
“Cherera suggested that the margin is not too large and could be manipulated by moving 233,211 votes from Hon. Ruto to the category of rejected ballots. When my turn came, I told the commissioners that I I would not participate in a plan to sabotage the will of the people,” Guliye said.
For his part, Chebukati echoed Guliye’s revelations by adding that his deputy’s actions went against the mandate given to them in the constitution.
“I performed my duties within the narrowly circumscribed limits of my duties as defined by the Constitution and the law. It is not true that I acted ‘in isolation’ or ‘in violation of section 138 of the Constitution,” Chebukati said in his affidavit.
Earlier in his affidavit, Cherera had accused Chebukati of acting in isolation and not involving them in the vetting process leading to Ruto’s declaration as president-elect.
L to R: Wiper Chief Kalonzo Musyoka, Narc Kenya Chief Martha Karua, Former Prime Minister Raila Odinga, Paul Mwangi and Siaya Governor-elect James Orengo at the Supreme Court Registry on 23 August 2022.