Today i need to handle my fellow African countryns and therefore the international community concerning the 2022 Kenya elections and therefore the role of the freelance Election and limits Commission (IEBC), the body mandated by the Constitution and therefore the law to conduct and manage elections.
On August nine, 2022, scores of Kenyans clothed in giant numbers in a shot to decide on their leaders at the national, county, and native levels when long and customarily peaceful campaigns.
But yesterday Assumption, our budding democracy suffered a significant reverse. As a result, African country faces a grave legal and political crisis as a results of the actions of man Wafula Chebukati, the chairman of the IEBC.
The Constitution and our laws area unit clear concerning however the IEBC ought to conduct its business. there’s no a lot of necessary role for the IEBC than the conduct, transmission, and tallying of the presidential election.
We area unit painfully conscious of past political biases by the IEBC that plunged this country into its darkest chapter. The terrible recollections of the aftermath of the 2007 elections area unit still recent in our minds. In 2017, the Supreme Court of African country invalidated the presidential election once more as a result of the misconduct of the IEBC.
What we have a tendency to saw yesterday was a travesty and a blatant disregard of the Constitution and therefore the laws of African country by man Chebukati and a minority of IEBC Commissioners.
The law is obvious on the role of the chairman of the IEBC. The law doesn’t vest within the chairman the powers of a dictator to rule the IEBC unilaterally.
The IEBC is structured as a democratic establishment within which selections should be taken either by accord or by a vote of the bulk.
The chairman and a small minority of commissioners haven’t any legal authority to require weighty selections and proclaim them because the rulings of the IEBC.
The law on the IEBC provides that: Unless a unanimous call is reached, a call on any matter before the commission shall be by a majority of the members gift and selection. additionally, the court of charm within the Maina Kiai case, dominated reiterate as we have a tendency to conclude that there’s little question from the design of the laws we’ve got thought of that the individuals of African country didn’t will vest or concentrate such sweeping and unbounded powers in one individual, the chairman of the appellant.
That is why I, Azimio and therefore the nation at giant, were appalled yesterday to be told that man Chebukati ALONE set to pronounce himself on the supposed winner of the 2022 presidential elections.
We perceive that solely man Chebukati ALONE had access to the tally of the presidential vote. He denied all the commissioners access to it data till he suddenly appeared before the commissioners within the late afternoon to gift them with a achievement.
I perceive that the commission had antecedently in agreement on the tally of the Presidential results. however barely 2 hours before his announcement, man Chebukati referred to as a gathering of the IEBC and disclosed to them the various results he was attending to announce.
FOUR of the SEVEN protested man Chebukati s actions.
But man Chebukati whose mind appeared created up didn’t entertain any discussion of the results, causative a walkout by a majority of the commissioners WHO promptly denounced the results at a conference.
We know what happened next.
A majority of the commissioners walked out and command a conference wherever they denounced the results. Our read in Azimio is obvious.
The figures declared by man Chebukati area unit null and void and should be quashed by a court of law. In our read, there’s neither a de jure and with validity declared winner nor a President-Elect. man Chebukati’s announcement purporting to announce a winner could be a nonexistence.
He acted with gross exemption and in total disregard for the Constitution and our laws. He may have plunged our country into chaos had our supporters not exercised nice restraint. Such blatant acts of exemption may be a threat to the safety of our country.
It is not up to U.S.A. to determine whether or not man Chebukati has committed Associate in Nursing offence. we have a tendency to leave that determination to the suitable authorities.
For the dodging of doubt, i need to repeat that we have a tendency to altogether and while not reservations reject the presidential results declared yesterday by man Chebukati.
I want to commend our supporters for remaining calm and keeping the peace, and that i urge them to still do thus. Let nobody take the law into their own hands.
We area unit following constitutional and lawful channels and processes to invalidate man Chebukati’s dirty and unconstitutional say-so.
We area unit bound that justice can prevail. i need to any commend the courageousness of the FOUR commissioners – the bulk of the IEBC – WHO stood up to the bullying and dirty conduct of man Chebukati. we have a tendency to area unit pleased with them and raise them to not worry something. Kenyans area unit with them.
Today I don’t need to completely address our ways going forward however satisfy it to notice that we are going to be following all constitutional and legal choices on the market to U.S.A..
We will do thus as a result of we have a tendency to regard the various flaws within the elections and therefore the wrongs committed by IEBC as fatal to the method and therefore the outcome declared by man Chebukati.
We urge African countryns and therefore the friends Associate in Nursingd partners of Kenya abroad to face tall and be counted as we have a tendency to get to advance the ideals of democracy and an society that we’ve got perpetually stood for.
We will pursue justice for our supporters and for all Kenyans so their decisions area unit revered and honored.