Attorney General Takes-on Chebukati

August 29, 2022

Attorney General Mr. Paul Kihara in a meeting[Photos/Courtesy].

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Monday, August 29, 2022 –Government legal advisor Paul Kihara Kariuki has asked the Supreme Court to find out whether Wafula Chebukati consulted fellow commissioners on the tallying of the final results announced at Bomas of Kenya.

Responding to the Supreme Court case filed at the court recently, the Attorney General charged that the Constitution does not permit the Chairman of a commission to unilaterally tally and announce results without involving fellow commissioners.

IEBC Vice Chairman Julian Cherera with Chairman Wafula Chebukati in a past meeting.

He added that the reason every commission on land has an even number of officials is to take votes on an issue whenever there is a serious matter to decide on.

That while IEBC is an independent constitutional commission which was established under Article 88, Mr. Chebukati remains just an appointee of it and must adhere to the rules and guidelines.

“An Act that renders Commissioners superfluous in the discharge of their constitutional duties in favour of either an individual Commissioner or a hired member of staff of a Commission would negate all known canons of constitutional and statutory interpretation,” the AG stated in his fact-filled response.

The AG further cited Section 39 (3) of the Elections Act 2011 which states that the Commission shall announce the final results in the order in which the tallying of the results is completed and greed upon by fellow coimmissioners.

Raila Odinga with running mate Martha Karua.

Unlike in the past where the AG would differ with the presidential petitioners, this time around, he is leaning towards the petition which was recently lodged at the Supreme Court by the Azimio leadership of Raila Odinga and his running mate, Martha Karua.

If it goes through successfully, Raila may be declared the winner or the country taken back to a repeat election exercise.