Chairman of Kenya’s Independent Electoral and Boundaries Commission (IEBC), Wafula Chebukati said he would not resign despite the invalidation of the election of President Uhuru Kenyatta that he supervised.
In a statement, Chebukati defended his commission and said it did justice to the election, a position that was ridiculed by the opposition.
Raila Odinga and the opposition National Super Alliance(NASA) are demanding the removal and prosecution of Chebukati and his team for committing crimes against Kenyans.
“IEBC committed criminal act and belong to jail,” Odinga said at the Supreme Court in Nairobi after the judgment.
Mr Odinga’s lead lawyer James Orengo said IEBC should not preside over another election.
“What IEBC did was treasonable because they wanted to declare the presidency against the Constitution. I don’t think IEBC will preside over the election,” he said.
Chebukati in the statement on Friday called on the Director of Public Prosecutions to investigate and prosecute any member of the commission found culpable of election malpractices.
He said his IEBC will make make internal changes to staff ahead of the fresh presidential election.
He also urged the Supreme Court to act fast and provide a detailed ruling within the 21 days so that the Commission can correct the errors committed.
In a surprise judgement, the Supreme Court nullified President Uhuru’s re-election, ordering a fresh presidential election in 60 days.
Chief Justice David Maraga, who read the majority ruling said the IEBC overlooked the Constitution and committed various illegalities affecting the integrity of polls.
Said Maraga: “A declaration is hereby issued that the Presidential Election held on 8th August 2017 was not conducted in accordance with the Constitution and the applicable law rendering the declared result invalid, null and void;
“A declaration is hereby issued that the 3rd Respondent(Uhuru Kenyatta) was not validly declared as the President elect and that the declaration is invalid, null and void;
“An order is hereby issued directing the 1st Respondent to organise and conduct a fresh Presidential Election in strict conformity with the Constitution and the applicable election laws within 60 days of this determination under Article 140(3) of the Constitution.
Two judges, Njoki Ndung’u and Jackton Ojwang’, ruled that the election was free and fair.