IEBC chairman Wafula Chebukati went to the Supreme Court on Thursday after...
Mr Chebukati filed an application at the Supreme Court seeking an interpretation of his role in verification of forms 34A where there are discrepancies with forms 34B.
This is for those whose results do not tally or conform with those captured in Forms 34A. Mr Chebukati said that there was confusion because, as noted by the top court, he cannot alter results as announced at constituency level.
This is in line with a ruling by the Court of Appeal in the Maina Kiai case, where it was said Chebukati cannot correct, vary, confirm, alter, modify or adjust results transmitted by constituencies to the national tallying centre.
“Arising from the judgment of this Honourable Court, I am now unclear as to what as the returning officer for the presidential election I am supposed 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 me from “varying, confirming, altering, modifying or adjusting the results,” Mr Chebukati says in an affidavit filed at the Supreme Court on Thursday.
The Independent Electoral and Boundaries Commission (IEBC) argues that the apex court should ‘complete the lacuna in its direction” that it says will be critical ahead of the fresh poll scheduled for October 26.
In the recent past, a legal controversy has been hitting the commission, after the Supreme Court annulled the August 8 presidential election.
The Wafula Chebukati led commission was ordered to “repeat the elections in full conformity to the dictates of the law.”
In a detailed judgement read by the Supreme Court judges, Mr Chebukati’s team was faulted for failing to adhere to the requirements of the constitution, especially on the transmission of results, thus the informed nullification.
Already the Jubilee party is crafting new laws and amending others, in a bid to seal the loopholes that led to the bungled elections.
On the other hand, Nasa presidential candidate Raila Odinga has been pushing for the resignation of officers who might have bungled the elections. Already the IEBC has axed five officials, just days to the repeat polls.