Presidential results from 27 constituencies were not announced due to a melee at the Bomas of Kenya at the time of the final declaration, the Independent Electoral and Boundaries Commission chairperson Wafula Chebukati has revealed in his affidavit.
According to Chebukati, the second respondent in the petition challenging President-elect William Ruto’s win, the results had been verified in the presence of agents and included in the final tally in form 34C, but were not publicly declared as was the requirement.
Neither commissioner Abdi Guliye nor Chebukati were able to announce the results, owing to “prevailing chaos at the podium.”
“In a rather surprising turn of events, while proceeding towards the podium, we encountered a crowd which made it difficult to access and settle at the podium. With the prevailing chaos at the podium after the named persons stormed the podium, Prof. Guliye was unable to announce the remaining 27 constituency results and I was similarly unable to declare the final results. Our security was overrun and we had to scamper for safety,” the commission’s chair claimed in his response.
Chebukati identified seven individuals allied to the Azimio-One Kenya coalition as being barriers to the announcement, who he claimed surrounded them, creating an unsafe situation at the podium.
“After we sat at the dais, we were surrounded by James Orengo, Otiende Amolo, Governor Anyang Nyong'o, Ledama Ole Kina, Gladys Wanga, Paul Mwangi and Saitabou Kanchory among others.”
The electoral agency chair also revealed that it took a while for the situation to be contained by security officers, who he termed “slow to respond.”
“That in the ensuing melee, the many police officers in uniform inside the auditorium were slow in containing the situation. It was only much later that they were able to restore order,” said Chebukati.
It has also emerged, according to Chebukati’s affidavit submitted at the Supreme Court today, August 27, that Azimio National Chief agent Saibatao Kanchory did not sign the form 34C that contained the final tally of the presidential poll result.
Only three out of four agents had signed the form before Chebukati could formally declare the results.
“Before proceeding to declare the results, I invited the chief agents of each of the presidential candidates to confirm and sign the results as collated into Form 34C. Mr. Saitabou Kanchory, who was the Chief Agent of the Azimio la Umoja-One Kenya candidate asked for a day to verify the results against forms 34A. I did not think that this was a bona fide request particularly since the verification had been done with his full participation over the preceding five days and he was only seeking a duplicative process to impede or delay declaration of the results,” he said.
In their separate responses earlier Saturday, IEBC Commissioner Abdi Guliye said in his 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.
On her part, the commission’s Vice Chairperson Juliana Cherera-the fifth respondent- claims that her boss, Chebukati, announced results that had not been fully verified and certified by all the seven IEBC commissioners.
Commissioner Justus Nyang’aya (sixth respondent) said in his affidavit on Friday that a foreigner and three IEBC staff members intercepted forms 34A on the IEBC portal and changed the results.