Controversies that marred IEBC during Wafula Chebukati’s reign
Wafula Chebukati rose to the helm of the Independent Electoral and Boundaries Commission (IEBC) in January 2017, taking over from Issack Hassan who had been compelled to step aside following a series of street protests.
Former President Uhuru Kenyatta okayed his appointment following approval from the National Assembly together with six commissioners.
However, his reign at the electoral body was characterised by several challenges and controversies which made headlines while others made Kenyans question Chebukati’s ability to manage the polls.
Msando’s killing
Seven months after his appointment, Chris Msando, IEBC electoral commission IT manager was found dead. Msando’s body was found on the outskirts of Nairobi- Kikuyu area- together with a body of a woman.
Chebukati was among the first to comment on the matter where he revealed that the late Msando was tortured before being killed.
“There was no doubt he was tortured and murdered,” Chebukati said then while calling on the then government to accord security to all the IEBC staff.
“In our mind as a commission, the only issue is who killed him and why, and that is the question that must be answered,” he told the press.
Msando was tasked with testing the voting system which had been touted by IEBC to eliminate voter rigging in the 2017 polls. The country had embraced the Kenya Integrated Electoral Management System (KIEMS) to identify voters and transmit results.
Presidential elections annulled
With the boss still nursing the pain of losing a colleague, he led IEBC to conduct the 2017 elections where Uhuru and former Prime Minister Raila Odinga were the main contestants.
After the polls, Chebukati declared Uhuru the winner by a margin of 1.4 million votes despite claims of voter rigging from Raila’s side. The former prime minister and his brigade went to the Supreme Court where they filed a petition challenging the polls outcome.
After the legal battle, then Chief Justice David Maraga nullified the presidential elections and ordered a repeat poll. In a landmark declaration that was delivered on September 1, 2017, four judges ( Maraga, Deputy Chief Justice Philomena Mwilu, Smokin Wanjala and Isaac Lenaola) voided the presidential election while two judges, Jackton Ojwang’ and Njoki Ndung’u, dissented.
“(From a random sample) out of 291 forms, 56 had no watermark features while 31 did not bear serial numbers and a further 5 were not signed at all and 2 were only stamped by returning officers but not signed, in addition, a further 32 forms were not signed by agents. The above indices put the accountability of forms in question.
“The results of the August 8 election cannot pass the test of authenticity and we have to nullify them despite the numbers,” Maraga said in his submission.
Chebukati went on to conduct a repeat poll despite Raila’s side expressing dissatisfaction and skiving the exercise. Uhuru emerged as the winner leading to street protests in various parts of the country.
Roselyn Akombe quitting before repeat polls
After the Supreme Court nullified the elections and ordered a repeat poll, Chebukati suffered a setback after one of the commissioners, Dr Roselyn Akombe, quit her position.
Akombe who had fled the country tendered a resignation a week before the polls and cited IEBC’s inability to handle the repeat polls.
She further put Chebukati in a tight spot after announcing that the commissioners were compromised.
“It has become increasingly difficult to continue attending plenary meetings where Commissioners come ready to vote along partisan lines and not to discuss the merit of issues before them.
“It has become increasingly difficult to appear on television to defend positions I disagree with in the name of collective responsibility. I have concluded that I am no longer making any significant contribution to the Commission and to my country as a Commissioner,” her letter read in part.
Her letter formed part of the basis used by Raila to dispute the repeat polls.
Sacking Chiloba
During the mass protests organised by Raila and his allies, the then IEBC Chief Executive Officer (CEO) was fingered and accused of enabling irregularity.
‘Chiloba must go’ chants rented the air during the protests compelling Chebukati to institute a probe over the former CEO.
Eventually, Chebukati fired Chiloba in 2018 for election management violation. He cited Chiloba’s failure to implement various Commission/Board decisions and resolutions as among the reasons for the decision.
“In tandem with fair administrative action, the Commission subsequently invited Chiloba to appear before the Disciplinary Committee so as to provide responses to the charges levelled against him. He, however, twice failed to honour the summons,” Chebukati stated.
“Chiloba’s gross misconduct, breach and violation of the Commission’s Human Resource and Administration policies as well as other relevant legislation left the Commission with no option other than to terminate his employment contract,” he added.
Embakasi IEBC officer found dead
Fast forward to 2022, Chebukati faced almost similar challenges he encountered while managing the 2017 polls.
On August 11, 2022, Daniel Mbolu Musyoka, the missing IEBC officer in charge of Embakasi East, went missing in unclear circumstances.
Days later, Musyoka was found dead throwing the electoral body into mourning.
“The Commission is saddened by the murder of its Returning Officer for Embakasi East Constituency, Daniel Musyoka, and expresses its deepest condolences to the family and friends. The Commission condemns the murder of Musyoka, who went missing on 11th August 2022, and his body found at Loitoktok, Kajiado County on 15th August 2022,” Chebukati said in a statement.
“Musyoka just like the late ICT Manager, Chris Msando, was murdered while on duty. This was a well-trained officer who performed his duty with utmost honesty, integrity, and dedication. It is unfortunate that his stand to do the right thing cost him his
life. As the Commission condoles with the family of Musyoka, we call on security agencies to speedily investigate and apprehend his killers,” he added.
Raila disputes election outcome
Again, Chebukati was at the centre of controversy after Raila Odinga moved to the Supreme Court to challenge the poll outcome.
“We totally and without reservations reject the presidential results announced by Chebukati,” Raila said before moving to the Supreme Court.
Before declaring President William Ruto the winner, a fight broke out at the Bomas of Kenya forcing police to intervene. He announced the poll results while fully surrounded by security officers.
In the Supreme Court, Raila was handed a blow after Chief Justice Martha Koome described the petition as hot air.
Cherera four
Before results were announced, Chebukati fell out with four Independent Electoral and Boundaries Commission (IEBC) commissioners, led by the then vice-chair Juliana Cherera.
They – Cherera, Francis Wanderi, Justus Nyang’aya and Irene Masit – said despite IEBC handling the August 9, 2022, general election most efficiently, they had an issue with the final phase of verifying the results claiming it was not transparent.
“The aggregation of the percentage scored by the presidential candidates presented a mathematical absurdity that defies logic,” Cherera said at a press conference on August 16, 2022.
Their confession shook the country and was used as part of the petition presented in the Supreme Court by the judges dismissed their concerns, confirming Ruto’s win.
The confirmation sparked protests across the country with Raila pointing an accusing finger at Chebukati. Eventually, he retired in January 2023 after being described as a hero by Ruto for remaining firm amidst pressure during the 2022 polls.
Life before IEBC
In retirement, Chebukati barely made a public appearance- he maintained a private life.
Before becoming the IEBC chairman, Chebukati held various roles in the public and private sectors. He served as a legal advisor and consultant to numerous organizations and government bodies, building a wealth of experience in corporate governance, legal affairs, and election management.
He founded Cootow & Associates Advocates, where he served as managing director.
In 2007, he contested the Saboti parliamentary seat under the Orange Democratic Movement (ODM) banner but was defeated by Eugene Wamalwa, who ran under the Party of National Unity (PNU) ticket.
During his free time, Chebukati enjoyed playing golf and served as both captain and chairman of the Mombasa and Nyali Golf clubs.
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