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Rift in IEBC began as early as April, lawyer Arwa reveals

He said dissenting commissioners kept it under wraps to avoid eroding public confidence in IEBC.

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by SHARON MWENDE

News02 September 2022 - 13:37
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In Summary


  • • In her affidavit, the Independent Electoral and Boundaries Commission vice chairperson Juliana Cherera said verbal exchanges between them and chairperson Wafula Chebukati began months to August 15.
  • • Arwa said the disenfranchised commissioners were tasked to declare the verified constituency results at Chebukati's discretion.
Advocate Jotham Arwa

The split within the electoral commission started as early as April but only came to the public limelight on August 15.

Lawyer Jotham Arwa told the Supreme Court on Friday that the rift among the commissioners was kept under wraps to avoid eroding public confidence in the commission. 

"When they (commissioners) reached Bomas, they were assigned menial responsibilities as this court has been told, once again there were protests but the commissioners took the firm view that it would be irresponsible for them to let their infighting be made public, for fear of eroding public confidence in IEBC during an election year," Arwa said.

"It is for that reason why they chose to handle their differences diplomatically," Arwa added.

In her affidavit, the Independent Electoral and Boundaries Commission vice chairperson Juliana Cherera said verbal exchanges between them and chairperson Wafula Chebukati began months to August 15.

Arwa said the disenfranchised commissioners were tasked to declare the verified constituency results at Chebukati's discretion.

Arwa is representing commissioner Justus Nyang'aya.

He was responding to a question by Justice Isaac Lenaola on Wednesday, on why the four commissioners waited till the last day to raise their grievances.

"We saw your clients reading out results...what evidence do we have that this was not an afterthought? he asked.

Arwa said the commissioners could not, however, continue keeping quiet and let the chairman act unconstitutionally.

"Although they were willing to tolerate corporate governance infractions with equanimity, they were not ready to do that with regards to serious Constitutional violations."

He reiterated that the four were not involved in the tallying and verification of results.

Arwa added that they were tasked to declare the verified constituency results at Chebukati's discretion.


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