Azimio Lawyer Paul Nyamondi has challenged Chebukati’s actions on the day he announced Ruto as the president elect. He claims that Chebukati created a non-existent position and never had results to announce.
Paul Nyamondi, one of the lawyers representing Raila and Karua in the supreme court petition. In his submission, Nyamondi has claimed that IEBC chair Wafula Chebukati failed to allocate the appropriate duties to the four commissioners. According to the Kenyan constitution, The chair was supposed to allocate duties of tallying and verifying results to the four rogue commissioners. However, the chair gave them duties such as overseeing the media coverage and updating media with the verified results.
From his perspective, Nyamondi says that Chebukati acted unconstitutional. His actions therefore prevented the four IEBC commissioners from accessing the tallying and verification processes as to their mandates.
Paul in his second submission states that Chebukati did not have results to announce. According to the lawyer, there cannot be tallying if there was no voting. Equally, there cannot be results if there was no verification. Nyamondi inserts that Chebukati did not allow the rogue commissioners to verify the results as they are required by law. Thus, there were no results to be announced.
Nyamondi submits that IEBC chair created a non-existent and unconstitutional position that he used to announce presidential results. In the providing, Paul says that Chebukati made himself the returning officer of the presidential results, a non-existing position. Constitutionally, Chebukati is the returning officer of the national tallying center, Bomas of Kenya. However, he assumed the position of returning officer of the presidential results and announced results. In this particular made up position, Chebukati assumed his new rights to announce non-verified results.
From these among other submissions, Nyamondi declares that the process of the IEBC to announce the presidential winner was unconstitutional. Paul asks the court to consider his submission while making their last judgment.
check the live proceedings: https://www.youtube.com/watch?v=qSLeSf_zGBg