Jubilee politicians from the Coast are pressuring IEBC to declare Uhuru Kenyatta president-elect, despite the poll not meeting the constitutional threshold.
The politicians are pushing chairman Wafula Chebukati to the wall yet the election has not been conducted in 26 constituencies.
The constitution – supreme compared to any Act – dictates that a presidential election must be conducted in all 290 constituencies of Kenya.
But citing insecurity, IEBC postponed election in constituencies in Homa Bay, Kisumu, Migori and Siaya on Friday.
Chebukati was set to announce the fate of these constituencies on Sunday, but by press-time, he was yet to do so.
The politicians pushing IEBC are Tourism CS Najib Balala, Kwale Governor Salim Mvurya, former governor candidates Suleiman Shahbal and Hassan Omar (Mombasa) and Gideon Mung’aro (Kilifi).
The five, majority of who lost in August 8 poll, said they must have their way.
“Ninety eight per cent of the vote has been given to Uhuru. So we want IEBC to declare Uhuru the president of Kenya,” Balala said on Saturday during a media briefing in Mombasa.
He said the four counties where the election did not take place were jammed by hooligans and that polling stations were cordoned off.
“If the election does not take place, then IEBC can declare nullification of those elections. If the number is 1.5 million (the approximate number of uncast votes in the four counties) and will not affect the threshold of declaring who the winner is, then the election will be declared,” Balala said.
He said the Opposition’s strategy was to block the vote by means of violence so IEBC should take note.
But clergymen have urged the electoral agency to ensure calm is restored in Luo Nyanza before the election take place, so people are not killed and property destroyed.
“NO CRISIS WHATSOEVER”
Omar said the election did not fail to take place but was disrupted.
“Supreme Court judges do not live in an island where they are not conscious of the fact that there are deliberate attempts to ensure elections do not take place to create a legal lacuna,” he said.
He said the court can uphold Uhuru’s win if IEBC can prove massive loss of lives and attempts to put people in harm’s way.
“Even if the entire Luo Nyanza voted for one candidate, say Ekuru Aukot, it will not affect the outcome,’ he said.
He added the Elections Act gives IEBC the mandate to declare the winner of a presidential election if un-tallied results do not affect the outcome.
“There is no crisis whatsoever. The election will be declared. People have the right to go to court and the Supreme Court will take judicial notice of the deliberate attempt by church elders and political class to ensure poll did not take place.”
The five are repeating a move made in 2007 and August 8 ballots that partly contributed to flaws that led to post-election violence and the annulment of Uhuru’s victory respectively.
IEBC said they were under pressure from Jubilee agents to declare Uhuru the winner of the August vote before receiving all forms 34A.
Samuel Kivuitu, the late former chairman of the Electoral Commission of Kenya, said he was forced to declare former president Mwai Kibaki the winner of the 2007 election before verification of results.
Before his death, Kivuitu said PNU and ODM pushed him and that he did not know who actually won.
The two scenarios – which resulted to violence – are interlinked to the third case because of nonconformity to the law.
If Chebukati will give in, Uhuru’s win risks being challenged at the top court for not meeting the constitutional lower limits. Activist Okiya Omtatah has moved to the court to stop IEBC from declaring the results.
He said the fresh election was voided by Raila’s withdrawal and asked the court to compel IEBC and Chebukati to hold a fresh presidential election only after fresh nominations.
