What the Supreme Court of Kenya should consider in Presidential Petition 2022 – Analysis

The Supreme Court of Kenya (SCOK) should bear in mind that the worst PEV of 2007/08. Was a result of mistrust of the court process.

Petitioners were weary of getting justice from Judges to be constituted by a Chief Justice. That had sworn in the late Kibaki at night.

In these many petitions, the SCOK should be prompted to narrow down and pinpoint personalities;

Irregularities and Illegalities

Found to have been involved in irregularities and illegalities in the electoral process. The Court should sanction the culprits to serve as a lesson;

To others bent on infringing on voters’ choices. For example, Chebukati’s and Ruto’s conduct in the Venezuelans saga;

And opaqueness at the tail-end of the tallying and verification process, should receive prominent scrutiny for splitting the Commission.

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IEBC Officials

Failure of the SCOK to lay blame on any IEBC officials that bungled the 2017 voided presidential election results;

Emboldened Chebukati and two Commissioners to sit pretty and ready to conduct the 2022 General Elections.

They were bound to repeat the same mistake with heightened sophistication. But impunity and their unbecoming conduct exposed them along the way.

Aspirants Across Elective Positions

For example, the IEBC locked out aspirants across elective positions with deliberate schemes, that ended up with the selection process;

That presented candidates of questionable character to the electorate. Qualified candidates were denied the chance to reach the ballot.

The IEBC knew that the courts would overturn their decisions but too late to reinstate the candidates.

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Independents’ ID Cards

A case in point is the ID Card copies required of independents that was quashed by the High Court. But too late to include the victims on the ballot such as Kigame.

The following are illegalities and irregularities that were committed or omitted. That SCOK should be moved to identify culprits for punishment:

  • ILLEGALITY BY COMMISSION: The SCOK should be moved to demand that IEBC produces 46,229 F34As. Which it printed as an extra set with separate and distinct serial numbers.
  • It’s agreed that they be sealed and placed in presidential ballot boxes unused in each polling station.

Illegality by Omission

  • ILLEGALITY BY OMISSION: The Court should be prompted to confirm that IEBC printed F34Bs it had omitted. In violation of the applicable law.
  • IRREGULARITY: The SCOK should be moved to demand to know the fate of IEBC stickers. Brought into the country by Venezuelans.
  • Were they used? They targeted KIEMS kits to identify and track transmission of 1.2 million votes. In 10,000 polling stations in populous counties of Nairobi, Meru;

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Chebukati and the DCI

  • Machakos, Nyandarua, Murang’a, Nyeri, Nakuru, Kiambu, Kericho and Bomet. The SCOK should be moved to consider that it is the system, which flagged and dimmed the irregularity.
  • There’s altercations between Chebukati and DCI while Com. Wanderi lauded the police for doing a good job.
  • Chebukati had condemned the arrests claiming that police confiscated all electronic items from the foreigners. And compelled them to disclose passwords;

Gadgets Containing Sensitive Information

  • For laptops, smartphones and gadgets containing sensitive information on the coming elections. This was not a matter to be resolved between Chebukati and IG;
  • As the former stated in a press conference. Ruto came to the defence of Chebukati and IEBC, hurling insults at the person of DCI Kinoti.
  • He should be summoned to testify on what he knew about the saga. Given that he hailed Chebukati as a hero after declaring and announcing him President-elect.

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Role and Fate of Venezuelans

  • SCOK should be prompted to know the role and fate of Venezuelans, Abdulahi Abdi Mohamed, Wachanga Mugo;
  • IEBC Commissioner from North Eastern and MP from the Region, and Smartmatic company in the IEBC stickers saga.
  • The alleged absence of Azimio agents in the Mountain. For reason the Coalition wasn’t recognized as a party should be probed.

Dissenting Commissioners

  • Chebukati’s utterances that dissenting Commissioners were pressing him to declare results that would necessitate Re-run or run-off;
  • Must be substantiated with the understanding that he’s on a mission. Which were the results and why was he against the run-off if voters’ verdict favored it?
  • It’s not IEBC that decides but number of votes and legal thresholds of 50%+1 and 25% of votes. In at least 24 counties.

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31 Polling Stations

  • The SCOK should be moved to scrutinize the allegations that Chebukati announced the results. Before verification of results from 31 polling stations;
  • That would have significantly affected the pendulum. They should also make Chebukati to explain why he said he doesn’t need a consensus. Or vote of Commissioners to announce results.
  • IEBC is a corporate body where the Chairperson is just the first among equals. He can’t lord over other Commissioners on such a grave matter.

Verification Process

  • The position of other Commissioners on the completion of the verification process was correct.
  • The process used to add 10,000 votes for Ruto and flagged by hawk-eyed journalists in Kiambu Township constituency. Must be scrutinized.
  • It may have been a tip of the iceberg on what happened in other constituencies and involved the Venezuelans’ stickers. And the extra set of F34A printed by chebukati’s IEBC

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Opaqueness at the Tail-end of Tallying

  • One of the two groups in IEBC is wrong on the opaqueness at the tail-end of the verification. And tallying process.
  • The conduct of the two groups should be scrutinized because a house divided into itself can’t stand.
  • Chebukati cleverly introduced the angle of moderation of results. To facilitate run-off while the operative word is verification of F34A and F34B;

Form 34 C

  • For tallying to generate F34C and enable the Chairperson to declare and announce the winner.
  • The ball is in your court, litigants.

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