Kenya’s Electoral Commission has dismissed as “unconstitutional” demands by opposition alliance, NASA, to declare Raila Odinga as the duly elected President of the East African country.
The Commission said it remained “independent” and not “subject to the control of any person or authority”, adding NASA’s demands constituted a “direct violation” and “breach of the independence of the Commission”.
It further said the Constitution and the law do not “envisage a situation where a candidate in an election demands that he be declared the winner of an election based on results that he has provided to the Commission.”
Hon. James Orengo, Chief Agent, NASA Campaign Secretariat on Thursday said the alliance had the actual presidential election results contained in the Commission’s database and servers .
Orengo said the results indicated that Uhuru Kenyatta and Hon Raila Odinga had garnered 7,755,428 and 8,041,726 votes respectively in the General Election held on 8 August, 2017.
The opposition demanded that IEBC stop forthwith the display of unverified and unauthenticated results and allow political parties to download all the Forms 34A and Forms 34B to enable them verify the information expeditiously.
Orengo also argued that it was “practically impossible for political parties to verify all the 41,000 documents with only two terminals that the IEBC is providing.”
He then demanded that Rt Hon Raila Amolo Odinga and Hon Stephen Kalonzo Musyoka be declared as the President and the Deputy President of the Republic of Kenya.
In response, the Commission said results of the Presidential Election are electronically transmitted from the polling stations to the constituency returning officers, who tally and verify the said results and in compliance with Section 39(1)(c)(a), Elections Act, electronically transmit the results to the Commission at the National Tallying Centre.
The Commission said it then collate the results from the 290 constituency returning officers and the Chairperson of the Commission would thereafter, in accordance with Articles 138(3)(c) and 138(10) of the Constitution, declare the result of the Presidential Election.
“The lawful results in the Presidential Election are those announced by the Constituency Returning Officers and contained in Form 34B completed by the Constituency Returning Officers,” said the electoral body boss, W. Chebukati.
“The final results of the presidential Election is that declared by the Chairperson of the Commission being the aggregate of the results announced by the 290 Constituency Returning Officers,” he added.
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Chebukati said the “accurate and lawful result will thus only be ascertained once all the Form 34Bs are received by the Commission and the results therein collated,” dismissing as”grossly incorrect and premature” the assertion that the accurate and lawful results are contained in the IEBC servers.
He further revealed that the annotation dbo shows that the information in NASA’s document shows that it is a print out from Microsoft SQL database.
“The Commission is on record that its results management platform runs on an oracle database which is intact and secure,” he emphasized, adding, “The Constitution and the law do not envisage a situation where a candidate in an election demands that he be declared the winner of an election based on results that he has provided to the Commission.”