IEBC says it did everything by the book

The electoral commission last evening told the Supreme Court that it conducted the repeat presidential election as directed by the judges when they annulled the poll.

Lawyers for the commission said the electoral agency tightened procedures on the technology side, transferred staff, set up a new project team, involved all stakeholders and adopted a policy of transparency in its bid to avoid the loopholes that resulted in the cancellation of the election.

Mr Waweru Gatonye, who was brought in to lead the reconstituted team of lawyers, started off the defence of the Independent Electoral and Boundaries Commission by telling the judges: “There is no perfect election anywhere.”

ELECTION

Mr Karori Kamau, one of the agency’s lawyers, said with the violence in 25 constituencies and a November 1 deadline to hold the election, the team was operating in unprecedented circumstances.

“We were operating in very unique circumstances. It is the first time a (presidential) election has been nullified. It is the first time we are operating in a circumstance where such a decision (to postpone an election) has been made,” he said.

Mr Mahat Somane, who explained the process on the day of the election and the technological aspects and the systems put in place to ensure the exercise was not compromised, said the performance this time around was excellent.

“In August, we got an F. We believe that with the re-sit, we passed with flying colours. We got an A plus,” he said.

“It is called A stand,” said Chief Justice David Maraga.

VIOLENCE

Mr Gatonye said the assertion by Mr Harun Mwau, a petitioner, that there should have been fresh nominations was the result of a misunderstanding and misinterpretation of the law.

“Nobody has approached any court saying they have been locked out of the election,” he said.

Mr Karori described the preparations made to have the election held in all constituencies and the circumstances that forced the commission to declare the result without elections being held in some 25 constituencies in four counties in Nyanza.

He cited violence that rocked the areas, saying the commission then invoked the law allowing it to declare the result if the remaining votes would not make a difference in the result.

Mr Somane said the commission had put in place a foolproof system to ensure that the election could not be compromised.