Kivutha Kibwana, the outgoing governor of Makueni, has remarked on the Azimio La Umoja coalition’s decision to file a legal challenge to the presidential election results.
Raila Odinga claimed that the results were null and void a day after the Independent Electoral and Boundaries Commission (IEBC) chairman and National Returning Officer, Wafula Chebukati, declared William Ruto as the president-elect.
Azimio’s allegations echo those of four of the seven IEBC commissioners, led by vice chairperson Juliana Cherera.
Kibwana, on the other hand, contends that Azimio’s petition must take several factors into account if it is to stand the test of time and persuade Supreme Court judges to annul the election, order a recount, or rule in its favor.
Here are the issues that the outgoing governor believes Azimio must address:
Enough Evidence
According to the outgoing governor, Azimio must ensure that it has sufficient legal and factual grounds to support the petition.
Raila’s running mate, Martha Karua, repeatedly stated in the party’s two meetings at KICC that their victory was only delayed.
Prior Issues
Were there any concerns about election malpractice raised by Azimio, observers, or any other nonpartisan stakeholder during the electioneering period?
He believes that any concerns should have been expressed in order to alert the public.
Disagreements
Commissioners from Kenya’s Bomas were tasked with announcing presidential election results. The results were also made available on the public portal.
Did any commissioner call the posted and announced results into question?
Difference
Was there a difference in the total results for all MCAs, governors, and other elective posts in the presidential results announced for a specific county?
Opposition
Did presidential agents challenge the announced results and demand a recount at the polling station? Were these requests turned down?
Dispute
Did the majority of election observers ever question the poll results and declare the election unsatisfactory?
Drift
Azimio should consider whether the schism among the IEBC commissioners was limited to the announcement of a specific presidential candidate as the winner.
Also, did the four commissioners use their majority to challenge the results?
Appointment
The four commissioners were appointed independently of the other three and took office as general elections approached.
Is it true that the appointment of the four results in ‘two’ Commissions, and how does this affect the outcomes?
Impact
Did the IEBC’s bureaucracy contribute positively or negatively to the final presidential results announced?
Overflow
Did the final presidential election results show a vote margin of 142,000, 14,200, 1,420, or none at all? If this is the case, Ruto did not receive 50% of the vote.
Retention
Did either of the two leading presidential candidates retain their 2013 and 2017 strongholds in the final polls, or did one raid the other territory? Did the coalitions have an impact on voter turnout?
Campaigns
In the months leading up to the election, each team conducted voter outreach campaigns across the country. How successful were these campaigns?
Postponed
Azimio should inquire whether the postponement of elections in several areas was deliberate, and how this affected the final presidential election results.
Loopholes
On Tuesday, August 9, Kiems kits failed in several parts of the county, most notably in Makueni. Did the failure have an effect on the overall outcome?
Blame
If the Supreme Court declares the presidential election results invalid, who will be held accountable: the president-elect, the IEBC, Wafula Chebukati, or other actors?
Would voters support the president-elect if the election results were overturned?
Ruling
Will the Supreme Court rule similarly to the petition filed in 2017, or will it uphold the IEBC’s decision and strengthen the Commission’s democracy?
International community
What are the international community’s and neighboring African countries’ strategic interests and expectations? Is it deliberate not to send congratulatory messages to the president-elect?
Voters
How will Kenyans who voted for Raila Odinga, those who never voted, and the unregistered react to the president-elect’s victory?
The Nation
How will the outcome of the election affect the country’s democracy, peace, stability, and economic recovery? Is it possible to incorporate the economic manifestos of both candidates?
Kenyans
Will ‘Wanjiku’s’ key interests be protected in the looming legal and political drama?