The much-awaited full judgment by the Supreme Court has let IEBC off the hook over a litany of irregularities that led to nullification of August 8 polls.
Poll agency Chairman Wafula Chebukati, Commissioners and auxiliary IEBC officials were found not to have been in the wrong.
The judgment categorically cited that there were “systemic institutional problems” at the IEBC but “no evidence of criminal intent or wrongdoing by the commissioners and secretariat staff.”
This pronouncement came at a time when infighting had rocked the commission over bungled August 8 polls.
However, there was a series of indictment on the commission in general.
Chief Justice David Maraga who chaired the Supreme Court indicted the commission for violating the constitution and laws in the management of the August 8 Presidential election.
Among other things that led to nullification of the polls, the CJ noted that Chebukati did not verify the results before declaring a winner.
At the time of announcing the winner, Chebukati did not have all the forms 34A and did not also verify forms 34B.
IEBC was also indicted for irregularities in the sense that some results forms were unsigned, unstamped and had no security features.
In her judgment, Deputy Chief Justice Philomena Mwilu said an election is a process that should be perfect right from the beginning which is registration of voters.
“Elections aren’t just about the results numbers, but the process. In numbers there must be a computational path to arrive at the results. Elections begin with registration of voters, nomination, voting, counting, tallying, verifying and announcing results. Election is not an event but a process. Any non-compliance with any part affects the validity,” said the DCJ.
However, Justices Njoki Ndungu and Jackton Ojwang stated in their respective judgments that irregularities reported were not enough grounds to warrant nullification of polls.
Justice Ojwang categorically stated that the petitioner, Raila Odinga, did not provide compelling evidence to prove that the election was flawed as he claimed.
The majority ruling was signed by Justice Maraga, DCJ Mwilu, Justice Mohammed Ibrahim, and Justice Smokin Wanjala.
Justices Ibrahim and Wanjala were not present.
By Pharis Kinyua. He’s an online Journalist and an author for Jamhuri News.