Odinga asks Azimio supporters to stay calm, going to court

Odinga: In our view there is neither a legally and validly declared winner nor a president-elect

Nairobi, Kenya | THE INDEPENDENT & THE STAR KENYA  | Azimio la Umoja presidential aspirant Raila Odinga has called on his supporters to stay calm as his alliance seeks the ear of the Supreme Court on the 2022 Kenya election results.

“Let no one take the law into their own hands, we accept that justice will prevail,” Odinga said in an address to the nation Tuesday, in which he blamed the electoral body for nearly plunging the country into chaos.

It was the first time he was speaking since the chair of the electoral body IEBC Wafula Chebukati announced that William Ruto was president after getting the required 50% + 1.

“We reject the presidential results announced by Chebukati.  Chebukati acted with gross impunity, he could have plunged our country into chaos,” Odinga said.

He concluded by dismissing the declaration that Ruto is President Elect. The 77-year-old Odinga who garnered 6.94 million or 48.85 percent of the 14.1 million votes cast during the hotly contested polls, behind the president-elect, William Ruto’s 7.17 million or 50.49 percent of the total votes cast, termed the results null and void.

“Our view in Azimio is clear, the figures by Wafula Chebukati are null and void and must be quashed by a court of law. I repeat, he figures by Wafula Chebukati are null and void and must be quashed by a court of law. In our view there is neither a legally and validly declared winner nor a president-elect,” Odinga said.

Transporters say they will resume once there is a clear power transition, calmness. https://t.co/IZBho6VIRa

— TheStarKenya (@TheStarKenya) August 16, 2022

Raila, who flanked by Kalonzo Musyoka and running mate Martha Karua, termed the four IEBC Commissioners who disputed the results announced by Chebukati heroes of the August 9 election.

“We are proud of them and ask them not to fear anything because Kenyans are with them.”

On Monday, the four led by commissioner Juliana Cherera said they cannot take ownership of the results because of the opaque nature they have been handled.

FULL ADDRESS

STATEMENT OF RT HON RAILA ODINGA ON KENYA ELECTIONS;

AUGUST 16, 2022.

Good afternoon.

Today, I want to address my fellow Kenyans and the international community about the 2022 elections and the role of the IEBC – the body mandated by the constitution and the law to conduct and manage the elections.

But yesterday, on August 15, our budding democracy faced a major setback. As a result, Kenya faces a grave, legal and political crisis as a result of the actions of Mr. Wafula Chebukati, the chairperson of the IEBC. The constitution and our laws are clear about how the IEBC should conduct its business.

There is no more important role for the IEBC than the conduct, transmission and tallying of the presidential results. We are painfully aware of the past political biases by the IEBC that plunged this country into its darkest chapter.

The terrible memories of the aftermath of the 2007 General Election are still fresh in our minds.

In 2017, the Supreme Court of Kenya nullified the presidential election again because of misconduct of the IEBC. What we saw yesterday was a travesty and a blatant disregard of the constitution and the laws of Kenya by Chebukati and a minority of the IEBC commissioners.

The law is clear on the role of the chairperson of the IEBC. The law doesn’t vest in the chairperson, the powers of a dictator to rule the IEBC unilaterally. The IEBC is a structured and democratic institution in which decisions must be taken either by consensus or by a vote of the majority.

I want to repeat that unless a unanimous decision is reached, a decision on any matter before the commission shall be the majority of the members present and voting. In addition, the Court of Appeal in the Maina Kiai case ruled and I quote again.

“We reiterate as we conclude that there is no doubt on the architecture of the laws we have considered that the people of Kenya did not intend to vest or concentrate such sweeping boundless powers in one individual that is the chairperson of the commission.”

That is why I and Azimio la Umoja-One Kenya and the nation at large were shocked yesterday to learn that Chebukati alone decided to pronounce the supposed winner of the 2022 presidential elections.  We understand that only Chebukati alone had access to the presidential tally votes. He denied all the commissioners access to that information until he suddenly appeared before the commissioners in the late afternoon, to present them with a fait accompli 

Barely 2 hours before his announcement, he called a meeting of the IEBC and revealed to them the different results he was going to announce. Four of the seven protested but Mr. Chebukati, whose mind appeared made up, did not entertain any discussion of the results, precipitating a walkout the majority of the commissioners who promptly denounced the results at a press conference. We know what happened next.

A majority of the commissioners walked out and held a press conference where they denounced the results. Our view in Azimio is clear.

It is not up to us to decide whether Mr. Chebukati has committed an offense, we leave that determination to the appropriate authorities. For the avoidance of doubt, I want to repeat that we totally, and without reservation, reject the presidential results announced by Chebukati. I want to commend our supporters for remaining calm and keeping the peace and urge them to continue to do so.

Let no one take the law into their own hands. We’re pursuing constitutional and lawful channels and processes to invalidate Chebukati’s illegal and unconstitutional announcement.  We are certain that justice will prevail. I want to further commend the heroism of the four commissioners who stood up to the bullying and illegal conduct of Chebukati.

I want to commend our supporters for remaining calm and keeping the peace, and I urge them to continue to do so. Let no one take the law into their own hands. We are pursuing constitutional and lawful channels and processes to INVALIDATE Mr. Chebukati’s ILLEGAL and UNCONSTITUTIONAL pronouncement. We are certain that justice will prevail. I want to further commend the heroism of the FOUR commissioners – the majority of the IEBC – who stood up to the bullying and illegal conduct of Mr. Chebukati. WE are proud of them and ask them not to fear anything. Kenyans are with them.

Today I do not want to fully address our strategies going forward but suffice it to note that we will be pursuing ALL CONSTITUTIONAL AND LEGAL OPTIONS available to us. We will do so because we regard the many flaws in the elections and the wrongs committed by IEBC as FATAL to the process and the outcome announced by Mr. Chebukati. We urge Kenyans and the friends and partners of Kenya abroad to stand tall and be counted as we seek to advance the ideals of democracy and an open society that we have always stood for. We will pursue justice for our supporters and for all Kenyans so that their choices are respected and honored.

MAY GOD BLESS YOU AND MAY GOD BLESS KENYA