IEBC Chairman Wafula Chebukati has filed a damning affidavit at the Supreme Court accusing the Office of the President of threatening the commission not to declare Ruto as president-elect.
In his 75-page affidavit, Chebukati named Principal Administrative Secretary office of president Kennedy Kihara, solicitor General Kennedy Ogeto, Inspector General of Police Hillary Mutyambai, and Lieutenant General Francis Omondi Ogolla vice-chief of Defense forces who he claims relaid the message from the from National Security Advisory Committee against declaring Ruto as president-elect.
"After drawing our attention to their level and rank Kennedy Kihara proceeded to relay the message. If l declared the final election results with Ruto as the president-elect " the Country is going to burn(sic). He proceeded to indicate that skirmishes between the Kikuyu and Luo communities have already started 'in several slums including Kibera and Mathare' on the basis of alleged betrayal of the Kikuyu," Chebukati says in his affidavit.
The four further warned that if we proceeded with the declaration of the results with Ruto being the president-elect and chaos erupted then" blood of the dead Kenyans" will be on our hands and that of the seven commissioners will be held responsible.
Chebukati reveals that the second part of the message from the NCAA delegation was that if they can not announce Raila Odinga as the outright winner, then they must ensure there is a run-off.
The IEBC chair says that after the four concluded their remarks the four "rebel" commissioners led by vice-chairperson Juliana Cherera, Nyang'aya, Irene Masit and Francis Wanderi were the first to comment on the said message and they supported the adoption of the same before taking a decision as to the results to be announced.
He states that commissioner Abdi Guliye on his part took the view that the commission has a constitutional mandate and that in declaring the results it will be guided by the same constitution and applicable law.
"Guliye nonetheless indicated that we had heard them(Kihara, Ogeto, Mutyambai and Ogolla). Commissioner Boya Molu expressed the opposition that he will support the declaration of verified results by the Returning Officer of the Presidential election, " Chebukati says.
According to the court papers, he claims that he informed the four NSAC delegation that nevertheless the message he will abide by the oath of office require fidelity to the constitution.
Chebukati says that immediately after the delegation left the commission's CEO Marjan Hussein walked onto the board and handed to all commissioners the copies of the final results.
He states that a debate ensued and four commissioners Cherera, Nyang'aya, Masit and Wanderi protested and insisted that the results must be changed in light of the NSAC delegation communication.
He says that Masit and Wanderi were of the view that the results should be pushed toward a re-run.
Chebukati adds that while Cherera suggested the slashing of President-elect William Ruto's votes by at least 233,211 to force a re-run.
"Having heard the views of all the commissioners, l maintained that l wound not sit and discuss subversion of the will of the people, and that l will announce and declare final results in accordance with the verified tallies as verified and tallied by the commission," Chebukati said.
Further Chebukati says that he stormed out of the board room accompanied by commissioner Guliye, Molu and CEO Marjan toward the auditorium at Bomas of Kenya.
He says confirms that IEBC didn’t relay presidential results from 27 constituencies as required; says Commissioner Guliye who was to announce them had been attacked.
