Nairobi, Kenya | THE INDEPENDENT & AGENCIES | History could be repeating itself in Kenya if veteran opposition leader Raila Odinga goes ahead with a threat to swear himself.
Four years ago, Odinga was sworn in by lawyer Miguna Miguna after they disputed the results of the 2017 elections, and boycotted the re-run following a Supreme Court decision that the original polls be cancelled.
Miguna Miguna was soon after deported to Canada for his role in the unofficial swearing-in of opposition leader Odinga as “the people’s president”. Miguna is a citizen of Canada and is now a critic of Odinga.
Uhuru Kenyatta months later struck a reconciliation deal dubbed the ‘handshake’ with Odinga, alienating William Ruto.
Robert Alai, a renowned city blogger and an insider in the Azimio la Umoja camp, last night tweeted on their next move, intimating a self swearing in.
“Raila to be sworn in as President. Commission is only functional and valid when with the requisite number of commissioners. We aren’t going to court. More than half of the commissioners will give baba the certificate,” Alai said.
Raila to be sworn in as President.
Commission is only functional and valid when with the requisite number of commissioners.
We aren’t going to court.
More than half of the commissioners will give baba the certificate.
Kila mtu apambane na hali yake.
— Robert ALAI (@RobertAlai) August 15, 2022
It is not over till it is over …..
— Martha Karua SC (@MarthaKarua) August 15, 2022
ANY results @IEBCKenya Chair @WChebukati announces are INVALID because he had no quorum of commissioners to hold a plenary and make such a weighty decision. The ongoing process at Bomas is now ILLEGAL.
— Prof Makau Mutua (@makaumutua) August 15, 2022
Robert Alai has just secured his slot in the Nairobi County Assembly after he emerged victorious to represent Kileleshwa ward.
Alai contested for the post under the Orange Democratic Movement (ODM) which forms part of the larger Azimio la Umoja One Kenya alliance.
Azimio la Umoja One Kenya Coalition running mate Martha Karua also indicated they will not take the William Ruto victory in the Presidential poll lying down. Court is likely to be an option, as Odinga got a favourable hearing from them the last time.
“It is not over until it is over,” tweeted Karua.
“Any results the IEBC and Chebukati announces are invalid because he had no quorum of commissioners to hold a plenary and make such a weighty decision. The ongoing process at Bomas is now illegal,” tweeted Azimio spokesperson Prof Makau Mutua.
Together with Siaya Governor-elect James Orengo and his Kisumu counterpart Anyang Nyong’o, Mutua argued that the commission had no quorum to hold a plenary and make such a weighty decision.
Saitabao ole Kanchory, Azimio presidential candidate Odinga’s chief agent, called the tally centre at Bomas of Kenya, a crime scene.
” We have intelligence reports that their (IEBC) system was penetrated and hacked and that some of the IEBC officials actually committed electoral offences and some of them ought to have been arrested if they were not arrested.”
As they protested outside the tally centre, Chebukati declared William Ruto the President Monday evening.
On the dispute, pro-UDA lawyer said Ahmednasir Abdullahi it is only IEBC chief Wafula Chebukati who has the right to announce results.
He claimed on twitter that “The four IEBC Commissioners were ordered by the OFFICE of the President to withdraw from the Bomas process under the false hope that such a withdraw will incapacitate the Commission and stop Chairman Wafula Chebukati from making the declaration on the Presidential race.”
Earlier, he tweeted “A Presidential election has A SINGLE RETURNING OFFICER…THE CHAIRMAN…OTHER COMMISSIONERS HAVE NO ROLE IN A PRESIDENTIAL ELECTION.”
Constitutional Lawyer Kamotho Waiganjo has said that Azimio la Umoja will find it difficult overturning the election results declared by the The Independent Electoral and Boundaries Commission (IEBC).
In an interview with KTN News’ Eric Latif in Nairobi Monday night, Kamotho said that he observed that there is no dispute on the key data, which is the 34A forms.
The Kenyan lawyer explained that the details put in the subsequent forms, like 34D and C which is now in dispute, are actually generated with information from 34A.
“The master stroke in this election was the publication of the 34A forms on the IEBC portal. There has not been one allegation that any of those 46,000 34A forms are invalid. No one has challenged any form….in fact they have been counting with them,” Kamotho said.
“Court said the polling station results are the final results. If you want to question any result, it is the form 34A not 34C. Anything that comes after form 34A, is mathematics.”
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