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2017 KENYA ELECTIONS

Court of Appeal to deliver ruling in presidential tally case

The Independent Electoral and Boundaries Commission filed the appeal challenging the High Court finding that the presidential election results announced by the constituency Returning Officer should be taken as final/FILE

NAIROBI, Kenya, Jun 23 – The Court of Appeal will Friday morning deliver a ruling whether the declaration of presidential results should be done at the constituency or national level.

The Independent Electoral and Boundaries Commission filed the appeal challenging the High Court finding that the presidential election results announced by the constituency Returning Officer should be taken as final.

It is the IEBC’s position however that the role constitutionally rests with the Chairperson of the Independent Electoral and Boundaries Commission.

READ: Chebukati might buckle when rubber meets the road, CORD argues in tally case

The Coalition for Reforms and Democracy, which is a respondent in the suit together with Maina Kiai, Khelef Khalifa and Tirop Kitur disagree and hold that the Commission Chairperson should not possess the power to alter the results.

“Your lordships do not give this power to the IEBC Chair,” one of CORD’s legal representatives, Paul Mwangi, submitted to the Appellate Court.

READ: IEBC argues only its chairman can declare final presidential poll result

The IEBC however wants the court to find that the High Court over-stepped in determining the matter, arguing that following the gazettement of the presidential election, any disputes concerning it are rightfully under the purview of the Supreme Court.

Again, the respondents disagree countering that neither the qualification of a presidential candidate to participate in the election or the election result itself is in question.

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