OPINION: Why Supreme Court should nullify repeat presidential election results

Kenyans are confused. Why? Because The Independent Electoral and Boundaries Commission (IEBC) appears to be more disorganised, when it is the institution mandated to carry out a free, fair and credible election.

On Friday September 1, the Supreme Court nullified the results announced by the IEBC.

The apex court said there were illegalities and irregularities in the presidential election held on August 8.

IEBC was ordered to conduct a fresh poll within 60 days, as enshrined in the constitution.

Opposition leader Raila Odinga and his running mate Kalonzo Musyoka had challenged the results that put President Uhuru Kenyatta as the winner in the election.

It’s now more than 72 hours since Kenyans went to vote. On the Election Day, IEBC officials at various polling stations reported a low voter turnout. Apart from Jubilee Party strongholds, other regions recorded an average of below 30 per cent turn out.

The first update by IEBC chairman Wafula Chebukati was that the ‘estimate’ turnout was 48 per cent.

A few hours later, Mr Chebukati on Twitter revised the figure, saying the turn out on October 26th was 33 per cent.

It crystal clear that the low turnout was largely brought about by the election boycott call by National Super Alliance (NASA) leader Raila Odinga.

In an interview with CNN, Mr Odinga said only 3.5 million Kenyans voted on Thursday.

The former Prime Minister accused the IEBC of inflating the figures to impress Jubilee.

Appearing on the same platform, State House spokesperson Manoah Esipusu dismissed Mr Odinga’s statement, saying he is not the IEBC chairman, and has no information on number of people who voted.

The IEBC has not been consistent in the figures. On Thursday evening, Mr Chebukati said that 35,000 polling stations were open on the voting day. 24 hours later, the chairman said they had received slightly over 36,000 Form 34As from Presiding Officers. This is inaccurate because Form 34As come from polling stations. So why the increase in number of forms received?

The IEBC also uploaded on its website Form 34As from some constituencies in Kisumu County, despite no elections taking place in the county. In fact, elections in Kisumu, Siaya, Homa Bay and Migori have been called off indefinitely.

Activist Okiya Omtatah has already filed a petition at the Supreme Court to; 1. Stop the IEBC from announcing the presidential election results; 2. Nullify the results.

Mr Omtatah argues that the election was voided by the withdrawal of Mr Odinga and his running mate, Mr Musyoka.

The activist says that the “purported fresh presidential election” held on October 26, was irregular before they were held, and therefore an exercise in futility.

“That despite being a nullity in law, the purported fresh presidential elections held on 26th October 2017 have literally divided the country down the middle and this Honourable Court needs to pronounce itself on their validity before more harm is done to the republic,” he says in the petition.

Allowing the IEBC to announce the results after fumbling throughout the process with figures will be condoning irregularities and rigging in elections. The Supreme Court must nullify the results.