The IEBC and Jubilee on Monday slammed NASA for threatening to boycott the General Election, accusing opposition chiefs of 'typically' trying to intimidate the judiciary.
They dared NASA to boycott the polls, saying Kenyans will vote on August 8, with or without the opposition.
"Coming forth to threaten IEBC that unless it withdraws the case there would be a boycott of the elections amounts to a threat of the independence of IEBC and muffling an entity from pursuing a right enshrined in the Constitution of Kenya," IEBC chairman Wafula Chebukati said in a statement issued yesterday.
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The issue is whether presidential results declared at the constituency polling station level state are final and cannot be changed by the National Tallying Centre in Nairobi.
A High Court Ruling on April 7 said these results are final.
The opposition was gratified, saying it would reduce chances of rigging. Jubilee and the IEBC were outraged and the electoral agency appealed, saying the national polling centre is the only place to determine and announce results.
NASA, which fears rigging, says it will boycott polls if the ruling is overturned.
Independent Electoral and Boundaries Commission chairman Chebukati dismissed NASA flagbearer Raila Odinga and his allies.
Chebukati said the commission, just like any other Kenyan, has the right to seek the protection of the judiciary on issues requiring legal interpretation.
NASA can either seek to be enjoined in the Court of Appeal case or await the outcome and challenge the ruling.
"We urge any players that may have an issue with our appeal to ask the Courts to be enjoined in the case, or alternatively, await the completion of the case and seek a judicial intervention, if need be," he said.
Chebukati said the commission was committed to delivering a free, fair and credible election anchored in the law and governed by the Constitution.
Jubilee defenders dared NASA and Raila to make good his threat to boycott the elections.
Raila on Sunday said there will be no election and threatened to boycott the polls if the IEBC succeeds in overturning the initial ruling.
Read: Why should it matter whether tallies are at polling stations or elsewhere?
The IEBC has said the initial ruling could be a recipe for chaos, as the commission may find it difficult to tally, verify and collate results announced at the 41,000 polling stations.
"We shall not accept the courts to change the earlier decision. There will be no elections in Kenya if it is changed," Raila said at Afraha Stadium, Nakuru.
"We are telling Chebukati to forget about this appeal," he said.
Political analyst Martin Andati warned the IEBC against "grandstanding".
“That court ruling is very good for this country, unless the IEBC chief is up to some mischief and that is why he would want that ruling appealed,” he said.
“If that ruling is overturned, I see us having a lot of problems in this country. It is within IEBC’s constitutional right to appeal but what specific interest does it have? Could he want to alter those numbers announced at the constituency level?” he asked.
But top Jubilee leaders accused Raila and his colleagues of "threatening the referee" after sensing early defeat.
“For their information, elections can continue whether or not a candidate or political party pulls out. Nowhere is it written that for the general election to take place in August NASA must take part,” Senate Majority Leader Kithure Kindiki told the Star on the phone.
The Tharaka Nithi senator criticised the opposition, saying its captains have developed a culture of harassing and intimidating people and institutions which do not share their views.
“The time has come for us in Jubilee to talk on behalf of the majority of Kenyans. NASA has taken our keeping quiet for granted. The concessions we have given as Jubilee should not be taken for cowardice or lack of ideas,” Kindiki said.
He called“ridiculous and illegal” the push by NASA to have IEBC withdraw the appeal, which he argued is within the body's constitutional right.
“What they are engaging in is illegal, unconstitutional and should not be left unchallenged. You cannot intimidate every institution and everyone who doesn’t believe in what you want to do," he said.
The IEBC wants the Court of Appeal to overturn the ruling by the High Court. It argues the decision contradicts the Elections Act, which recognises the IEBC chairman as the returning officer for the Presidential election. Therefore, it says, he is mandated to declare the presidential results at the National Tallying Centre in Nairobi.
But NASA views this as an avenue to alter original results, a loophole to aid election rigging.
“NASA wants to intimidate the IEBC to declare them winners, whichever way the election goes,” Kindiki said.
Speaking at a rally in his Garissa township constituency, National Assembly Majority Leader Aden Duale dared NASA to keep away from the elections saying they were directing their threats to the "wrong people".
“The NASA coalition leadership should know that the era of threatening institutions and other parties is long gone. Neither the IEBC, the court or even the Jubilee party will bow to their pressure,” he said.
He added, “You used all manner of theatrics to kick out the Issack Hassan-led commission and we kept quiet. Right now you have come with new demands and we will not allow that. The Kenyan people in their masses will say 'no.'"
The majority leader dismissed NASA's projection that the opposition has 10 million votes in their strongholds.
Elgeyo Marakwet Senator Kipchumba Murkomen warned the opposition that the election doesn't need the opposition to proceed.
“The Constitution does not say there must be NASA for elections to be held. In any case, the last time I checked there were more than 15 competitors running for the same seat,” Murkomen said.
The Senate Deputy Majority Leader said President Uhuru Kenya is not interested in a contest with NASA, but a 50 per cent approval from Kenyans for a second term in office in line with the Constitution.
On whether NASA’s boycott might undermine IEBC credibility, Murkomen said, “IEBC’s credibility will be tested based on how they will conduct the elections and not how Jubilee will have scared their competitors into early submission.”
Analyst Barrack Muluka warned NASA against adopting “selective embrace of justice” and creating unnecessary tension by intimidating the judiciary and IEBC.
“While they are one of the two major political formations in this country, it is not a must that they participate in the election,” Muluka said.
Yesterday IEBC met the chairpersons of 35 political parties to collect their views for a major elections conference next month. There it intends to showcase its poll preparedness.
President Kenyatta of Jubilee and Raila are expected to attend the meeting, the first of its kind in the country's electoral history.
The commission will meet all candidates to appraise them of what is required of them during electioneering. Official campaigns will begin on May 28.
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