Senior Counsel Pheroze Nowrojee has pointed an accusing finger towards the Independent Electoral and Boundaries Commission (IEBC) chairperson Wafula Chebukati during the ongoing petition at the Supreme Court in Milimani.
The counsel says that Wafula Chebukati as the head of the Commission entertained avoidable mistakes that paved way for voter malpractice at the expense of public resources.
Nowrojee says the postponement of elections in two counties and four constituencies was intentional claiming the chairperson was in direct contact with the printing firm in Greece.
He said this was in an attempt to deprive the voters of the affected areas right to wholly elect their leaders as stipulated in Chapter 6 of the Constitution.
“Chebukati’s postponment of elections is an intentional mistake to subvert and deny voters from the affected area their rights to elect their political representatives,” said Nowrojee.
The counsel has asked the 7-bench judge to hold the IEBC chairperson responsible for the electoral malpractice witnessed as displayed before the court.
“The culprits of the voter fraud did not uphold Kenyans democracy and should be held accountable for their transgressions. Same person, same tricks. This man (Chebukati) has done the same things in two elections. He is destroying our democratic institutions,” Nowrojee said.
The first petitioner through their legal team has portrayed the chairman of the Commission as a leader who was not able to facilitate an election that is free, verifiable and transparent.
“The IEBC portal was so inherently corrupted, manipulated and tainted that the results declared by Wafula Chebukati cannot be, in an objective case, said to be representative of the true will of the Kenyan people,” Senior Counsel Philip Murgor stated.
Lawyer Paul Mwangi castigated Chebukati as being the sole decision-maker without engaging the whole team.
“IEBC Chairperson Wafula Chebukati unilaterally made decisions such as printing of ballot papers, emasculated the role of other decisions supported by the Commission without seeking consensus,” Lawyer Paul Mwangi expressed.
Senior counsel Nowrojee expressed disappointment in in the Commission chairperson for allowing illegal portal access. A mistake he believes has been repeated before during the electioneering process he has been at the helm of the electoral body.
“We cannot have an election crisis after every five-year cycle by the same chairperson. Instead of the IEBC receiving the votes, verify and declare the votes, Chebukati puts his name” Nowrojee alleged.