THINGS FALL APART WHEN THE CENTRE CANNOT HOLD

 For the last 3 weeks , the IEBC commissioners have treated Kenyans in very nauseating theatrics and circus. The circus are leaving us mouth agape because, the shocking revelations are making me to ask , is this a commission that is put in place by our constitution and funded by taxpayers money? Is this the function we tasked them as a Nation to perform? The commission is made up of 7 commissioners. As we speak , the chairman , Wafula Chebukati , Prof. Guliye and Boya Molu are leading one faction. The vice chairperson Juliana Cherera , Nyang'aya, Wanderi and Masit are leading another faction. The vice chairperson and the chairman aren't seeing one another eye to eye. The cracks between them are bigger than the Rift Valley. If they can accidentally meet in a dark corner the two of them , they can just go after each other jagular. The MV IEBC ship is sinking , ooops , no , I have already sank and the occupants , are in life saving jackets swimming to inorder to reach the coastline.

This isn't the first time the IEBC is facing this turbulence times. In 2017 , there was a messy divorce between Wafula Chebukati and the commission's CEO Ezra Chiloba. It was messy such that, accusations of embezzlement of funds amounting to billions of shillings in form of kickbacks during procurement of Elections materials came to the public limelight. The duo , Chebukati and Chiloba were accusing one another for that vice. On the conduct of commission businesses, commissioner Dr Roselyn Akombe fled the Country and after arriving in US , gave shocking revelations on the conduct of chairman Wafula Chebukati. It is during that period , IEBC ICT boss Chris Musando was killed in cold blood. The other commissioners , mwachanya , Kurgat were left behind though, they were expressing dissatisfaction in the manner Chebukati was heading that commission. To some extent , they were telling us , their chairman is a benovelent Dictator who likes to run the show alone in total disregard of the law. As an independent commission , it is strictly guided by the IEBC act , the elections act and Election offences and regulations act. It doesn't operate in isolation and Chebukati isn't the commission. There is a secretariat and the 7 commissioners are responsible in any activity happening in that electoral body. It is that simple.

Already , Azimio la Umoja have filed a petition to challenge the legality of Kenya Kwanza Alliance presidential elect William Samoei Ruto victory and his Deputy President elect Rigathi Gachagua. Their victory was announced by IEBC chair Wafula Chebukati , who is the national presidential election returning Officer. At the Bomas of Kenya , prior to that announcement , there was pull and push that led to violence and it called for the intervention of police officers to calm the situation. The chairman , fearing that he can plug this Country into a constitutional crisis , he went ahead to gazette the winner of the August 9th presidential election before the 7 days given to him by the constitution lapses. The commission is now enjoined in the petition before the Supreme Court as a respondent. Chebukati too in his individual capacity is sued. As the National Returning Officer for Presidential election , he has found himself in a very tight corner. As we speak , accusations and counter accusations from two antagonist factions of the commission are going on. Chebukati went ahead to remove the four dissenting commissioners from their WhatsApp group. This shows the magnitude of their divorce and disagreement.

The question Kenyans are asking themselves is , why is Chebukati and the remaining 2 commissioners, Boya Molu and Guliye ABDI hiring 26 law firms to represent the commission and him Chebukati, hiring 4 Lawyers to represent him in an individual capacity if he is confident the commission under his leadership conducted a free, fair and credible presidential election? Why all those legal mind to justify something you truly know you did it with utmost precision and in accordance to the existing laws? There is much to be desired and alot of loopholes the commission is leaving behind. The four dissenting commissioners have too their side of the story. They are too releasing earth shaking revelations in their sworn affidavits. If what is domiciled in those affidavits sworn by all the 7 commissioners is to go by , then , we do not have a commission here. It should be disbanded with immediate effect and they should be preferred criminal charges for those Supreme Court will find them personal liable for the breach of law in as far as the conduct of businesses in that electoral body is concerned. We cannot be funding a commission inhabited by jokers who instead of exercising impartiality as they are required by the acts that govern IEBC , they are there acting as appendages of political elites.

Yesterday , Chebukati and his fellow 2 commissioners filed affidavits in response to the allegations levelled against them. That of Chebukati which I took my time to go through is choreographed to look like Kollywood script that will end up shooting a mouthwatering movie. Those are narrations and in a Court of Law , with time allocated to each party in that case , there will be no time for giving such narrations. At Supreme Court , we aren't going to engage in activities that take place in national drama festivals. As the law of evidence strictly put across that , he how alleges must proof. Swearing affidavits is one thing , putting the concrete evidence before the Judges is a totally different altogether. A case in a court of law isn't determined by the many lingual jargons a counsel rants before the Judges but the evidence they bring before them and it should be concrete and beyond reasonable doubt. That's the only way to convince the judges. The case before the SCoK isn't about who wanted A, B, C and D in as far as Presidential election is concerned , it is all about , was the law followed to the latter? Was the electoral processes marred with irregularities, inconsistencies , thuggery and adulteration of election technology by interested parties in that election? Was the 2017 SCoK ruling that led to the nullification of that presidential election back then followed to the latter? If no , the Supreme Court pronounced that , it won't blink when nullifying another PRESIDENTIAL election if the same illegalities with resurface themselves again. Period!!!

They say , when an alligator comes out of the water and tell you that the crocodile is sick , you better believe it. Already the IEBC house is up in flames. There is nothing we can do now but to see how the fire is consuming the occupants. Chinua Achebe in his book Things Fall Apart , he says , " things fall apart when the centre cannot hold."  As we speak , things aren't holding any more. The question Kenyans are asking themselves is , in an event the Supreme Court , in its wisdom will nullify the 9th August presidential election and order for a fresh election , how will the current IEBC conduct that re-run bearing in mind it has broken from the core? How will Chebukati be tasked to conduct a presidential election again yet , two have been nullified before the same Supreme Court? Will Supreme Court not be shooting it feet with their own bullets. It should be very careful not to plug this Country into a constitutional crisis it has never found itself in. If the Supreme Court can call for the disbandment of the current IEBC , then , it means , President Uhuru Kenyatta life in office will be given a positive shot. He will continue holding the instruments of power. The victory of President elect William Ruto and his Deputy President elect Rigathi Gachagua will be revoked. The gazette notice that certified their victory will also be quashed. They were resume their earlier titles , presidential candidate and running mate respectively. There will be put in place a committee chosen by the president and endorsed by parliament that will conduct the interviews of all the 7 commissioners. This isn't an activity that will take place overnight.  That means , the re-run will only take place after the IEBC is Constitutionally constituted. Period!!! 

Senior Counsel Ahmednassir Abdullahi pointed something like this in his previous tweet. Many Kenyans didn't give the attention it deserves the message he was putting across. In 2017 presidential petition at the apex Court , the former CJ told the respondents that , we aren't here to contest who won and who lost , we are here to look at the legality of the whole electoral process. Was it done in accordance to the laid laws? That's where , Maraga famous quote cane in ,that , "An election is not an EVENT but a PROCESS." The same thing will apply this time round. We aren't looking at who won but was the electoral process conducted in accordance to the law. That's what the SCoK will be looking for and it will pronounce itself on 5th September when it will be delivering its ruling. It will either through unanimous decision or each judge will read his/her own judgement. Back in 2017 , 4 judges ruled in favour of a nullification. One judge Mohammed Ibrahim was absent and two Judges dissented. All eyes are traded on the SCoK. Infact , the whole World is looking to see what will happen. Our democracy is maturity and the maturity in it will only be effective if we believe in the institutions we put in place. Both sides must respect the ruling of the SCoK of Kenya. Whether it will favour them or not. KENYA must move on. Kenyans must move on. This Country is bigger that individuals. It is they simple!!!!