Supreme Court on Monday ruled against the four runaway IEBC commissioners dissenting presidential results saying they had no validity to the election outcome.
The bench concluded in a ruling read out by Chief Justice Martha Koome that the four protesting commissioners, Juliana Cherera, Justus Nyangaya, Francis Wanderi, and Irene Masit, failed to provide evidence that the results declared by IEBC Chairman Chebukati would have ultimately differed.
“That their view should prevail because they are the majority.” We note that apart from their 11th-hour denunciation, there is no election that the election was compromised. They have not stated why they participated in the verification yet it was opaque,” Koome said in part.
CJ Koome declared that the act of commissioners walking out at the last minute caused a split in the commission, the tallying and verification starts and stops with the commission and is carried out by the commission secretariat and technical staff.
Although the commission’s chairman cannot exercise veto power in the verification and declaration of results, the Chief Justice noted that in the 2022 election, the four commissioners were sufficiently involved in the verification process.
“The chairman cannot arrogate to himself powers to tally the results at the exclusion of other commissioners,” the ruling reads.
The four runaway commissioners, according to CJ Koome, actively participated in the verification and took turns announcing the declared results.
“We also take awareness of the four commissioners who participated in the verification until the last minute,” she added.
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The differences that rocketed within the commission and played out publicly, according to the Supreme Court, did not prevent the results from being declared following Article 138 (3c) and (10) of the Kenyan constitution.
