The National Super Alliance (Nasa) has questioned electoral commission’s motive in decision to appeal last month’s court ruling, declaring that the presidential results declared at the constituency level will be final.
Addressing the press at the Moi International Airport, Mombasa, after a retreat with Nasa principals, the coalition’s technical committee led by senators Johnstone Muthama and James Orengo described the idea as “part of Jubilee government’s plot to rig elections”.
They warned that “there would be no election” if the law is changed. “In whose interest is IEBC appealing the ruling? ” Muthama asked. On April 7, the High Court ruled that presidential election results declared at the polling station and constituency level are final and cannot be overturned unless by a court order.
“It concerns us as Nasa when the Independent Electoral and Boundaries Commission (IEBC) decides to appeal the decision. If IEBC continues with this mischief, we will not participate in the Elections of 2017,” stated the committee’s statement read by Isiolo deputy Governor Mohammed Guleid who is the committee’s co-chair.
The committee observed that by appealing the ruling, the Jubilee administration is looking for loopholes to “cover” their rigging mission after realising that all the gaps have been sealed. It further said the appeal is an indication that “IEBC is admitting they have been changing constituency results and they ruling reversed so they continue changing results once announced at the constituencies.
The IEBC is looking to the courts to allow it to change election results as declared at polling station and constituencies. Who stands to benefit from this appeal?”
IEBC is seeking nullification of a ruling which declared presidential results announced at the constituency level as final. It insists it has to confirm constituency presidential results by Returning Officers before declaring them.
As a result, IEBC wants the verdict by justices Aggrey Muchelule, Weldon Korir and Chacha Mwita set aside. Also, the Nasa committee demanded that the commission adopt an open and transparent process of deploying constituency returning officers which involves open balloting where constituency coordinators are randomly picked and their constituencies selected.
On Nasa leadership structures, Orengo said claims that the positions of Premier Cabinet secretaries are unconstitutional are unfounded. He said the position is just similar to Cabinet secretary. “We have done all the necessary consultations with our lawyers who have looked at the positions again and again and we have found nothing unconstitutional.
These are simply Cabinet secretaries. In the current government, there is a position which is very high in the hieracy of Jubilee administration—the Chief of Staff and head of Public Service—which does not exist in the Constitution,” said Orengo.
The committee said they held a successful strategic meeting with Nasa Pentagon following the unveiling of their flag-bearer and said they are soon going to roll out a time table for their massive countrywide campaign rallies which will begin in Nakuru at undisclosed date.
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