Azimio la Umoja One Kenya alliance presidential candidate filed a petition challenging the presidential election results released by IEBC chair Wafula Chebukati.
In the petition filed at the Supreme Court, Chebukati is heavily mentioned and is accused of committing 11 electoral offences and ethical breaches.
Odinga’s lawyers also gave instances in which they believe the 2nd respondent, as he is referred to, committed the alleged offence.
They accused the IEBC chair of making entries that he knew to be false contrary to section 6 (a) of the Election Offences Act No. 37 of 2016.
“On 15th August 2022, the 2nd Respondent made false entries in Form 34C which he knew were false to declare the 9th Respondent the President-elect.”
Chebukati was accused of omitting to include results in a breach of his official duty contrary to section 6 (j) of the Election Offences Act No. 37 of 2016. Azimio argued that the results announced by the IEBC chair did not include votes from about 38 constituencies.
They also claimed that Chebukati wilfully contravened the law to give undue advantage to a presidential candidate contrary to section 6 (1) of the Election Offences Act No. 37 of 2016.
“On 15th August 2022, the 2nd Respondent wilfully contravened Article 81(e) (ii, iii, iv, v) by, without reason or justification, wilfully refusing to share and circulate the final presidential results with the presidential candidates’ Chief Agents, Observers, Media or even his fellow members of the commission so as to declare a fraudulent result.”
Chebukati was accused of Indirectly procuring election materials in connection with the election without the authority of the Commission contrary to section 13(e) of the Election Offences Act No. 37 of 2016.
“On or about July 2022, the 2nd Respondent without discussion with or consensus from the other six (6) Commissioners, illegally and unilaterally procured additional unsecured election materials and electronic devices containing sensitive information through three foreign nationals from Venezuela.”
Azimio la Umoja accused the IEBC chair of obstructing election officers in the execution of their lawful duties contrary to section 13(i) of the Election Offences Act No. 37 of 2016.
“The 2nd Respondent obstructed the working of the other six (6) Commissioners by denying them access to the portal as well as the verification process of the physical Forms 34A against those uploaded on the portal.”