, NAIROBI, Kenya, Oct 9 – The Supreme Court will on Wednesday hear an application filed by Independent Electoral and Boundaries Commission Chairperson Wafula Chebukati seeking clarity on how he should go about verifying the October 26 presidential election results.
Senior Counsel Paul Muite on Monday told the court that there was a contradiction in the judgement delivered last month directing it to verify both the polling station and constituency results before announcing a winner.
Muite said the direction contradicts the High Court and Court of Appeal findings that the presidential election result as declared by the Constituency Returning Officer to be final.
“Clarify what the National Returning Officer should do and he will do it. We want to avoid expenses of a repeat election; we want clarity in your judgement what forms should a National Returning Officer use to declare a winner… that is the clarity we are seeking,” indicated Muite.
He also asked the apex court to clarify what the IEBC Chairman should do in case there are discrepancies in the Forms 34A and Forms 34B, ahead of the fresh presidential election.
Elias Mutuma representing Thirdway Alliance presidential candidate Ekuru Aukot asked the court to strike out the application, arguing that a similar application to have clarification on who should participate in the presidential election was rejected by the same court and directed to the High Court for clarification.
Aukot had wanted all parties who took part in the presidential election be allowed to participate in the October 26 presidential poll.
“It will be unfair for this court to hear this application considering that our same application was vehemently opposed by the same court,” argued Mutuma.
Chief Justice David Maraga directed Chebukati’s lawyers to first address the question of jurisdiction when they make their oral submissions on Wednesday.
This is because allowing Chebukati to amend the constituency result form – should it not tally with the polling station result – would be tantamount to overturning the Court of Appeal decision and yet what is before them is not an appeal.
“Having heard the issue raised before the court, we direct that the second respondent (Chebukati) files and serves his written submissions; the submissions to be limited to five pages and the matter to be heard on Wednesday October 11 at 10am,” directed Maraga.
The Supreme Court nullified the August 8 presidential election on the grounds that the Commission declared President Uhuru Kenyatta winner before verifying results captured on all 40,883 Forms 34A.