The views expressed here are those of the author…
On 15th August 2022, the Chairman of Independent Electoral and Boundaries Commission announced amid protest from Asimiyo La Umoja One Kenya Coalition that Deputy President, William Samoe Ruto was the winner and President Elect from the just concluded 9th August 2022 General Elections.
The race to the conclusion of this General Election was intense. At the beginning Ruto was cock sure that he was going to win. He uttered so many statements which showed that he had some alleged connection with the Chairman of IEBC, its Commissioners and Stuff.
“What is Deep State and the System, I am the Deep State, who can steal my votes” bragged William Ruto. And sure to his words, he was declared the President Elect by the Chairman of IEBC.
It must be noted that Asimiyo La Umoja One Kenya Coalition covers and controls Six Regions, namely, Nyanza, Nairobi, Western, Mombasa, Eastern and Northern Regions. William Ruto only controls Rift Valley and Mt. Kenya Regions. In terms of Numbers, Raila is over board. Besides, Raila nominated the First Lady in Kenya who comes from Mt. Kenya, named Hon. Martha Wangare Karua who commanded the bulk of Women in Kenya.
Hon. Ruto started campaigning four years ago around 2018 after disagreeing with the current President, H.E. Uhuru Kenyatta. This gave him the time to campaign. During this time, Raila Amolo Odinga was going around the Country promoting the Asimiyo La Umoja. But this should not confirm Ruto surely in winning the General Election come 9th August 2022.
What will make it difficult for the Supreme Court to decide on this case either way are as follows:
1. The rigging of votes and tampering with Form 34A which were transmitted via IEBC Portal
2. Declaring Results by the Chairman without consultation with other Commissioners. It should be noted that Four Commissioners including the Vice-Chairman disagreed with the Chairman
3. Difference in figures declared by the Chairman as for Votes Cast at the end of voting for instance on 13th August 2022, the figure was 65.4%, whereas on 15th August 2022, this figure dropped to 64.7%
4. The fact that Ruto did not obtain 50% +1 vote. The actual percentage was 49.99% for Ruto and 49.85% for Raila which means that there was nobody who gained the automatic figure of 50% +1 to win in the first round.
5. Allegation that the Servers of IEBC was hacked and votes changed at will by outsiders some of who were IEBC Stuff.
6. The fact that the Chairman, Wafula Chebukati unilaterally postponed the Elections in Polling Stations which were stronghold of Raila Amolo Odinga and Asimiyo La Umoja One Kenya Coalition. This action lowered the voting pattern in these areas which was proved by Asimiyo La Umoja Coalition winning both Guvernatoral Position in Kakamega and Mombasa and Three of the Parliamentary Positions at Kitui Rural, Kacheliba, West Pokot and South Pokot.
7. Changing of Form 34A at some of Rutos strong holds by adding votes for Ruto and reducing same for Raila.
8. The act of interfering of votes by the Venesualor Staff who came to the Country without the knowledge of other IEBC Commissioners.
9. Declaring the final votes without tallying 27 Polling Stations and not involving the Four Commissioners, namely, Juliana Chesera, Francis Wanderi, Justus Nyang’aya, and Irene Masit.
10. Refusal of the Chairman to involve Chief Agents of Asimiyo La Umoja One Kenya Coalition to sign final Form 35C, where the declared results were recorded.
The tension of this General Election was very high and it seems as if the Chairman was hell-bent on declaring the result to William Ruto at all cost.
Some of the salient issues to be considered will include:
*Whether the Technology deployed by IEBC for conducting 2022 General Elections met the standards of integrity
*Whether there was interference with uploading and transmission of Form 34A to the Telling Center at Bomas of Kenya
*Whether there was difference between Form 34A and 35C as tabulated and transmitted to tallying center at Bomas of Kenya.
*Whether the postponement of Gubernatoral Elections interfered with the Presidential Elections
*Whether IEBC carried out the verification, tallying and declaration of results in accordance with Article 138(3) C and 138(10) of the Constitution
*Whether the declared President Elect attained 50% + 1 Votes in accordance with 138(4) of the Constitution
*What reliefs and offers can the Court Grant or order.
My take is that all things being equal, Raila Amolo Odinga stands a better chance of overturning the awarding of the winning of William Samoe Ruto as President-Elect