, NAIROBI, Kenya, Oct 5 – IEBC Chairman Wafula Chebukati has sought clarity from the Supreme Court on what action to take in the event the presidential election results as announced at the constituency differ from those of the polling station.
His query is in response to the Supreme Court finding that he should have verified the results as captured on the polling station result forms despite the Court of Appeal upholding that the results, as announced by the Constituency Returning Officer, are final.
“Arising from the judgment of this Honourable Court, it is now unclear as to what; as the returning officer for the presidential election; the Chairperson ought to do, in view of the clear prohibition at page 39 of the judgment of the Court of Appeal in the Maina Kiai case barring the Chairperson from “varying, confirming, altering, modifying or adjusting the results” relayed from to the National Tallying Centre,” his supporting affidavit reads.
Chebukati has brought this apparent contradiction to the attention of the Supreme Court so they can provide guidance ahead of the repeat presidential poll in 21 days’ time.
“That to the extent that the Court of Appeal in the Maina Kiai case upheld the finding by the High Court that the presidential election results declared by the Constituency Returning Officer are final and can only be questioned by an election court, there is a clear disconnect between the direction by the Court of Appeal in the Maina Kiai case and the finding of this Honourable Court which requires a comparison of the results reflected in Forms 34B against those in Forms 34A.”
Last month the Supreme Court nullified the August 8 presidential election partly on the grounds that the Commission declared President Uhuru Kenyatta winner before verifying the results as captured on all 40,883 Forms 34A.