Election petitions in Kenya. Has the country’s legal system matured? Analysis

Something is happening in the presidential election petitions that should be encouraged and amplified;

For personal responsibility and accountability to take root in our democracy. Each of the seven IEBC commissioners;

Including Chebukati has been compelled to swear affidavits, as individuals in response to some petitions. Why is this important?

Interesting Affidavits

First, we’re now reading interesting affidavits and learning that the IEBC has liars. Because of the different answers each is giving to the same question.

There are accusations and counter accusations. Revealing that they don’t read from the same script.

Second, it also shows that we, deliberately, refuse to take advice. The Kriegler Commission advised that commissioners should be on board. At least two years before the next election.

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Criminals of 2017

What did we do? We set free criminals of the 2017 presidential election. Even after SCOK indicted IEBC for committing irregularities;

And illegalities that led to nullification of that year’s presidential results. Instead, we brought on board four commissioners a few months to the 2022 General Elections;

Expecting them to add value to the electoral process. Chebukati and the two had already decided on the outcome of the election. And socialized the technocrats to effect the desire.

New Commissioners

The new commissioners were to either accept or be regarded as bidders for the ‘serial loser’. Individual affidavits reveal this finding.

Third, we are allergic to learning lessons from history. IEBC commissioners never learnt lessons that the country;

Almost went over the cliff in the 2007/08 PEV. And was headed for cessation before the March 09, 2018 handshake.

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Chairperson of IEBC

The Chairperson of IEBC chest-thumps that he doesn’t require consensus or vote of commissioners;

To verify, declare and announce results as the National Returning Officer for the Presidential Election.

Yet, there’s no national presidential election. The Constitution states that the Commission (not Chairperson). Will verify and declare results transmitted from polling stations.

Verification and Declaration of Results

Any law that says the Chairperson will alone verify and declare the results is unconstitutional, null and void to that extent.

Chebukati should be indicted for the actions. The new approach in filing election petitions will discourage mischievous officers;

From hiding behind the corporate body to kill our democracy. In fact, one of Chebukati’s ally wonders in his affidavit;

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Azimio La Umoja

Why Azimio sued him in his personal capacity, necessitating the affidavit. Yet he was only discharging his duties as a commissioner of IEBC.

The next prayers should be for the individual commissioners found guilty of election offences. Be ordered to serve jail sentences.

And bear the costs of the suits instead of passing the bills to tax payers.

26 Law Firms

Why should IEBC engage 26 law firms to represent it and let tax payers foot the bill, even if found to have wilfully committed illegalities. And irregularities in the electoral process?

It’s a good start that Azimio has filed, that Chebukati meets the costs of the petition in person. He couldn’t have repeated the mistake;

If he’s named and sanctioned for bungling the 2017 presidential election. The ball is in the Judges of the SCOK. It shows that we have matured in our democracy.

Read more at https://thebigissue.co.ke