The Head of Public Service Joseph Kinyua has exonerated the National Security Advisory Committee from allegations that its members approached Independent Electoral and Boundaries Commission (IEBC) chairman Wafula Chebukati and other commissioners to declare Azimio la Umoja-One Kenya leader Raila Odinga the winner of the August 9 presidential election.
In a detailed affidavit filed before the Supreme Court, Kinyua said the allegations by Chebukati have no legal basis.
"l, therefore, categorically deny Chebukati's insinuation that l arranged a meeting between him and the members of the NSAC with a view to influencing the outcome of the presidential election held on August 9, 2022, in favour of a particular candidate," Kinyua said in the affidavit.
He said that the meeting with the commission was at Bomas of Kenya the venue at which many members of the public were present together with various political parties, and candidates' agents.
Kinyua claims that the meeting between Chebukati, IEBC Commissioners, and the NSAC members namely Inspector General of Police Hillary Mutyambai, principal Administrative Secretary Office of President Kennedy Kihara, Solicitor General Kennedy Ogeto, and Vice-Chief of Defense forces Lieutenant General Frederick Ogolla on August 15, 2022, was occasioned by the delayed announcement of the results of the presidential election.
Kinyua accuses Chebukati of being unresponsive
He added that the NSAC move to have the meeting was aimed at averting a scenario where anxiety could creep in and then ugly upheavals erupt following the delay.
Kinyua further revealed that Chebukati was non-responsive to the request to have a meeting with NSAC in order to engage in matters relating to security around the election process.
"Efforts had been made to have a meeting with Chebukati and members of IEBC earlier, but these have all been in vain as the IEBC chairman was unresponsive. It is due to the urgency and sensitivity of the matter at hand NSAC considered it necessary to have a physical meeting as opposed to engaging in correspondence," Kinyua stated.
He further informs the apex court that the meeting in question was not unusual as alleged.
"The said allegations are not only far-reaching but also cast aspersions on the functions of critical government offices. It is, therefore, in the public interest that this court is provided with all necessary information and particularly by the four NSAC delegation who are public officers to enable it to make an informed determination of the matter, " Kinyua stated.
At the same time, Kihara has also denied the averments by Chebukati and commissioner Abdi Guliye that they went to stop them from announcing William Ruto as the president-elect and have them announce Odinga as the winner or in the alternative call for a re-run.
Kihara supported the submissions by Kinyua that the meeting between him, Mutyambai, Ogeto, and Ogolla with Chebukati and commissioners was a security meeting and not a convergence to commit illegalities.
The two affidavits by Kinyua and Kihara come two days after Chebukati laid bare how the NSAC team went to Bomas with an agenda to rig the poll
In his 75-page affidavit filed in response to a petition by Odinga who challenged the presidential election outcome, Chebukati accused the Office of the President of threatening the commission not to declare Ruto as president-elect.
The IEBC chair said he received a call from Kinyua informing him that he had sent NSAC delegation to meet him before he announced the outcome of the presidential election
"After drawing our attention to their level and rank, Kihara proceeded to relay the message that 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 by the Kikuyu community," Chebukati said in his affidavit.
He added: "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 the seven commissioners will be held responsible."
Chebukati revealed that the second part of the message from NSAC delegation was that if they could not announce Odinga as the outright winner, then they must ensure there was a run-off.
The IEBC chair in his court papers said 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 of the results to be announced.
He states that Commissioner 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 said.
He further stated that a debate ensued and four commissioners namely Cherera, Nyang'aya, Masit, and Wanderi protested and insisted that the results must be changed in light of the NSAC delegation communication.
He said that Masit and Wanderi were of the view that the results must be changed to occasion a re-run.
Chebukati further claimed that Cherera suggested slashing of 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.
