Raila Odinga: IEBC presidential results are unconstitutional

Azimio presidential candidate Raila Odinga during a conference at KICC, Nairobi. [Denish Ochieng, Standard]

Azimio la Umoja presidential candidate Raila Odinga has rejected the presidential election results declared by Independent Electoral and Boundaries Commission (IEBC) on Monday.

His reaction came a day after outgoing Deputy President William Ruto was declared President-elect by IEBC chairman Wafula Chebukati.

In his first national address since the presidential poll results were declared, Odinga said the results were declared by a minority of the commissioners, which rendered them null and void.

“The law on the IEBC provides that unless a unanimous decision is reached, a decision on any matter before the commission shall be by a majority of the members present and voting,” Odinga said.

The former prime minister has also accused the IEBC Wafula Chebukati of defying the constitution.

“The figures announced by Mr Chebukati are null and void and must be quashed by a court of law.  In our view, there is neither a legally and validly declared winner nor a President-Elect.  Mr Chebukati’s announcement purporting to announce a winner is a nullity,”.

Without exactly disclosing the coalition’s next course of action, Odinga urged supporters to remain calm as they followed legal channels.

“I do not want to fully address our strategies going forward but suffice it to note that we will be pursuing all constitutional and legal options available to us.  We will do so because we regard the many flaws in the elections and the wrongs committed by IEBC as fatal to the process and the outcome announced by Mr Chebukati,” he added.

“We will pursue justice for our supporters and for all Kenyans so that their choices are respected and honoured,”

On Monday Wafula Chebukati declared Ruto as president-elect after he garnered 7, 176.141 which he said was 50.49 per cent of votes cast.

He was followed closely by Odinga who got 6, 942, 930 votes or 48.8 per cent.

However, at the time of declaring the presidential results, four commissioners had walked out of the national tallying centre claiming the process was opaque.

The commissioners were Vice-chair Juliana Cherera, Francis Wanderi, Irene Massit and Justus Nyang’aya

In a press conference at the Serena Hotel on Tuesday, August 16, IEBC Vice Chairperson Juliana Cherera said Chebukati's total aggregation of the votes cast was in excess of 0.01 per cent, representing 142, 000 votes.

Cherera said that Chebukati's aggregation was not logical and that the results lacked important ingredients to support the percentage scored by respective candidates.

"The total percentage from figures displayed by the four leaders is 100.01 per cent which translates to 142,000. This will make a significant difference in the final results," Cherera said.

Further, she said that the four commissioners brought the issue to Chebukati's attention but he insisted on announcing the results.