Raila Odinga’s National Super Alliance (NASA) coalition on Tuesday declared that they will not participate in next month’s repeat poll unless IEBC officials who bungled August 8 polls are kicked out of office.
Speaking during a rally in Kibera, NASA outlined 9 election conditions, among them that IEBC CEO Ezra Chiloba and ICT Director James Muhati should not participate in the re-run ordered by the Supreme Court.
“The August 8 election was marred with irregularities and illegalities and we still maintain that we won the election. Therefore, we will boycott the elections on October 17 until our conditions are met,” said Raila
“The memo by Chebukati to Chiloba proves that the Chairman’s credentials were used to alter results in 10,000 polling stations in favour of President Kenyatta and Jubilee candidates,” added Raila.
Raila’s demand that Chiloba must resign from the electoral body has been backed by Donald Kipkoror.
According to the outspoken city lawyer “When Baba Says Go, You Will Go.” He expressed his opinion in an open letter addressed to Chiloba, reminding him that ‘Baba’ derives his power outside the constitution and therefore he(Chiloba) must go.
“Dear Dr. Ezra Chiloba, When Baba Says Go, You Will Go
Prof. JB Ojwang, Justice of the Supreme Court, taught me Constitutional Law at the University of Nairobi, and one of his pet topics was Extra-Constitutional Power. He taught me that power was not derived from the Constitution only; that other persons with charisma derived theirs outside it. You may hate it or disbelief it, but it is undeniable that Baba is the most charismatic leader alive in Kenya (DP is close second). Charisma originates from the Greek word, Khàrisma… gift of grace .. Max Weber, the German Polymath said that Charisma rests on true devotion of the person’s followers. Baba derives his power outside the Constitution.
Many times, Baba has said so and so MUST GO, including my Nation’s first leader, President Daniel Arap Moi. When he told Issack Hassan, then IEBC Chairman, to go, I advised him to go and he refused. But finally, he left.
The Constitution is very clear: it creates the offices of the IEBC Chairman in particular & the Commissioners generally. The Constitution gives powers to the Commission to conduct Elections. The Secretariat which you head isn’t a creature of the Constitution. You and your officers don’t have security of tenure. Your employment is subject to The Employment Act. The Chairman has all right to dismiss or suspend you. For now, you may countermand the Chairman orders. But your disobedience of the Chairman is self-serving and short-lived. No other employer will trust you.
But as for Baba’s demand that you go, you must go. You may delay. You may prevaricate. But as sure as the sun sets, you will go. So, don’t scuttle the Elections of October 17. The Presidential Fresh Elections between Baba and Uhuru Kenyatta will be held when you are gone. Be an honourable man and GO! You will thank me in future.”