, NAIROBI, Kenya, Oct 9 – The Supreme Court is on Monday expected to give directions in an application where Independent Electoral and Boundaries Commission (IEBC) Chairperson Wafula Chebukati is seeking clarification on his role with regards to the verification of presidential election result declaration forms.
Chebukati wants the court to clarify what he ought to do with any discrepancies – in case they are noted – during verification of the results.
IEBC argued that the highest court in the land should seal the lacuna in its directions which it says is critical ahead of the fresh poll scheduled for October 26.
In an affidavit filed last week, Chebukati contends that while the Court of Appeal had in the Maina Kiai case ruled that what is announced at the polling station is final, the Supreme Court in its landmark ruling that invalidated the August 8 poll indicted him for not verifying the crucial documents.
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.
Chebukati brought this apparent contradiction to the attention of the Supreme Court so they can provide guidance ahead of the fresh presidential poll in 19 days time.
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 in all 40,883 Forms 34A.