By Isaac Ongiri
On Tuesday night, Mr Samuel
Kivuitu made a damning admission
that he announced results of the
fiercely contested presidential
election under pressure.
The announcement plunged the
country into a post-election
violence of a scale never witnessed
before.
The magnitude of the Electoral
Commission chairman’s admission and
the further dent on the credibility
of the election was captured in his
answer when asked if indeed
President Kibaki won the elections:
"I do not know whether Kibaki won
the election".
Kivuitu continued with his
stunning revelations when he said he
took the presidential election
winner’s certificate to State House,
Nairobi, after "some people
threatened to collect it while I’m
the one mandated by law to do so".
"I arrived at State House to take
the certificate and I found the
Chief Justice there, ready to
swear-in Kibaki," Kivuitu said.
On claims that he was under undue
pressure to declare results, Kivuitu
said: "Some PNU (Party of National
Unity) and ODM-Kenya leaders put me
under pressure by calling me
frequently, asking me to announce
the results immediately".
President Kibaki ran for
re-election on a Party of National
Unity ticket, while Mr Kalonzo
Musyoka, made his bid on an ODM-Kenya
ticket. Mr Raila Odinga, who has
said he was robbed of victory, ran
on an Orange Democratic Movement (ODM)
ticket.
On Tuesday, Kivuitu said the
alleged pressure to declare results
came in the wake of parallel
pressure from a number of
ambassadors from the European Union
countries and Mr Maina Kiai of the
Kenya National Commission on Human
Rights not to announce the results
until complaints, which arose, were
addressed.
"I had thought of resigning, but
thought against it because I don’t
want people to say I’m a coward," he
said. The embattled ECK chairman
made the revelations shortly after
meeting with 22 ECK commissioners.
On Tuesday, Kivuitu conceded that
matters that arose from the poll
results were so urgent that they
should be taken to court, and the
ruling done with minimum delay to
ease national tension.
Court settlement
"If this matter is finally taken
to court, the ruling should be made
urgently so that if it were decided
that Raila is the President, so be
it. If it is Kibaki, so be it," he
added.
Kivuitu said he made the
decision, whose far-reaching
implications are now being felt
across the country. He said he
announced the results because the
commission had no legal mandate to
investigate complaints raised by the
opposition immediately.
Kivuitu fell short of naming the
individuals from the two parties —
PNU and ODM-Kenya — who coerced him
to announce the disputed poll
outcome, but went on to announce
that the commission was consulting
eminent lawyers over the next course
of action "so that its actions
remain within the law".
The EU observer team has
discredited the poll results and
urged for an independent audit.
On his part, Kivuitu said he
backed independent investigation
into what may have happened, but
added that this would be only if the
law would provide for it.
"We are culprits as a commission.
We have to leave it to an
independent group to investigate
what actually went wrong," the
chairman said, stunning local and
international journalists, who had
gathered at his Nairobi residence.
It has also emerged that some
countries concerned with the poll
outcome, like South Africa, had sent
in their electoral officials to the
country.
Kivuitu said the officials would
be arriving on Wednesday "to look
into the matter".
On Tuesday, Kivuitu was in a
meeting with his 22 commissioners,
which his deputy, Mr Kihara Muttu,
described as "a house-keeping
meeting".
In a signed statement, the 22
commissioners condemned the
violence, which up to last night had
claimed the lives of about 300
people.