After six days of verification of votes at the national tallying center in Nairobi, the chief returning officer and chairperson of Kenya’s Electoral and Boundaries Commission (IEBC), Wafula Chebukati declared Dr. William Ruto the president-elect of the Republic of Kenya.
Fifty-six-year-old Ruto has been serving as the Deputy President of the East African nation since 2013 after being elected into office alongside his counterpart, President Uhuru Kenyatta.
Kenyatta had since endorsed the official opposition leader Raila Odinga for the Aug. 9 elections to be president. This had come as a surprise for many Kenyans as the two had been bitter rivals, taking up from their fathers before them, who had also competed in the early days after Kenya gained independence in 1963.
Mr. Ruto garnered 7,176,141 votes representing 50.49 percent against Odinga’s 6,942,930 votes, which represented 48.85 percent of the total valid votes cast. There were two other candidates, George Wajackoyah and David Measure who got 61,969 and 31,987 votes respectively.
Immediately before the announcement of the results at the national tallying center that was based at Bomas of Kenya, chaos had broken inside the auditorium following allegations by members of Odinga’s Azimio Coalition that there was rigging by both the elections officials at IEBC and members of Ruto’s United Democratic Alliance (UDA).
The announcement was then postponed several times, and IEBC chair, Chebukati, came out to announce the results amid tensions that had brewed across the country.
The tensions, however, had been catalyzed by the gesture to walk out and disown the results by four of the seven IEBC commissioners, led by its deputy chair, Juliana Cherera. The four alleged that there was no transparency in the way the tallying process had been carried out.
“We cannot take ownership of the result that is going to be announced because of the opaque nature of this last phase of the general election,” Cherera said.
She added that there is an open door for those unhappy with the results to go to court over the anomalies that they had noted in the results.
“Because of the same, we urge Kenyans to be peaceful because the rule of law is going to prevail,” she said.
Experts, however, say that the only person vested with the power by law to declare the winner of the elections was the Chair, and that the walkout by the four commissioners would only dent but not nullify the results.
Steve Ogolla, a city lawyer based in Nairobi said, “Article 138(10) of the Constitution provides that the Chairperson of IEBC shall declare the results of the presidential election. “The law does not demand quorum. Differently put, a walkout by four Commissioners taints but does not invalidate the results.”
As he read out the final presidential results, the embattled chair, Chebukati said that the handling of the votes had not been easy and that he had been harassed and intimidated. “I stand here despite intimidation and harassment. I took an oath of office to serve this country and I have done my duty in accordance to the constitution and the laws of the land,” he said.
Chebukati also pointed out that his staff members had been injured at the national tallying center.
“Right now two of my commissioners and the CEO are injured and being treated. We have staff who have been profiled and others have been arbitrarily arrested,” he said.
According to the IEBC chair, the Embakasi East Returning Officer identified as Daniel Musyoka went missing on Thursday, while on duty at the East African School of Aviation tallying center within the capital, Nairobi.
This is the second general election that Chebukati has overseen, having been sworn into office in January 2017, seven months before the 2017 general election in the country. His 6-year term lapses in January of next year.
“For those after me, we have prepared for you what the Constitution envisaged, which is an independent commission,” he said as he released the 2022 presidential election results.
After the announcement of the official results, Ruto received messages congratulating him on winning the election.
Several African heads of state have come out to congratulate Ruto. Ethiopian Prime Minister, Abiy Ahmed was the first to send his congratulatory message.
“My congratulations William Ruto, on your election as the President of the Republic of Kenya. I wish you best of luck in your endeavors ahead and we look forward to working closely with you on common bilateral and regional interests,” he said.
South African President Cyril Ramaphosa said that a prosperous Kenya is important for a peaceful continent.
“I offer my warm congratulations to President-Elect William Ruto of the Republic of Kenya. A prosperous and united Kenya is an important prerequisite for and contributor to a prosperous and peaceful continent. We look forward to working with you in pursuit of the Africa we want,” Ramaphosa said.
On his part, Nigerian President Muhammadu Buhari congratulated the president-elect saying that he wished him a successful inauguration and tenure.
“I congratulate the President-Elect of Kenya, William Ruto, on his victory in the August 9, 2022, general elections. I wish him a successful inauguration and tenure in office, while also looking forward to more fruitful and robust engagements between Nigeria and Kenya,” Buhari said.
In 2017, the Supreme Court of Kenya under Chief Justice David Maraga annulled the presidential result, leading to a re-run that sees the outgoing Kenyatta and his deputy Ruto win the elections, again.
According to the Kenyan constitution, should Odinga be interested in contesting the results of the election, then the Supreme Court will have fourteen days to hear and determine the case, and either annul or give a go-ahead for president-elect to be sworn into office.
