Guliye: Tuju, Wako asked IEBC to announce Raila winner promising gifts

IEBC Commissioner Abdi Guliye has sworn in a replying affidavit that Raphael Tuju and Amos Wako attempted to force the commission to declare Raila Odinga president-elect or force a re-run in the August 9 polls.

Guliye, who is listed as the fourth respondent in the presidential petition filed by Raila Odinga and Martha Karua, said Tuju and Wako tried to manipulate IEBC on August 15, 2022.

According to Guliye, Wako, who served as Kenya's Attorney-General between 1991 and 2011, told him and other IEBC commissioners that there comes a time when presidential results are declared not only by considering the votes cast, but also weighing the "bigger picture".

"Wako indicated that they had come to ask the commission not to operate 'in a vacuum', and that it must consider the link between the election results to be declared and stability of the country, which he described as 'the bigger picture'.

"Wako proceeded to indicate that in his term as Attorney-General, he also served as the election supervisor and in that capacity, he would moderate results guided by the need to achieve law and stability in the country," said Guliye.

The commissioner claims Tuju, who was with Wako, said "it was necessary for the results to be 'moderated in favour of Baba (Raila)', and that any contrary declaration of results would 'plunge the country into chaos'. As an alternative, he suggested that in the event that it was not possible to declare 'Baba' as the president-elect, then the commission should force a run-off".

Guliye said Tuju promised that the commissioners would be "adequately rewarded" if they entertained their request.

Guliye further said that four commissioners (Juliana Cherera, Francis Wanderi, Irene Masit and Justus Nyang'aya) agreed with Tuju, while he (Guliye), Boya Molu, chairman Wafula Chebukati and IEBC chief executive officer Marjan Hussein refused to entertain Tuju's request.

"The chairman took the view that he would respect the will of the people and announce the results as per the final tally from all the polling stations. As regards the proposed incentive, we were all categorical that we would not entertain such requests."

Commissioners Juliana Cherera and Justus Nyang'aya, who have since filed their responses separately, said Chebukati acted unilaterally and unprocedurally by declaring Ruto the winner of the presidential race without verifying all the constituency-level results.

IEBC chairperson Wafula Chebukati declared Ruto the president-elect with 7.18 million votes (50.49 per cent) against Odinga's 6.94 million votes (48.85 per cent).

Odinga disputes the results, citing malpractice by Wafula Chebukati.