Court: Presidential results at constituency level final

Court: Presidential results at constituency level final”

On May 7, the IEBC opposed the High Court's ruling, stating that the court had erred because the law gives the poll body the mandate to verify presidential election results submitted by returning officers at the constituency level.

Appellate judges Asike Makhandia, William Ouko and Agnes Murgor on Friday ruled that modification of election results by the electoral agency or its chairman Wafula Chebukati at the national tallying centre is inappropriate and contrary to the law.

Court of Appeal on Friday ruled that presidential results at the constituency level are final dismissing Independent Electoral and Boundaries Commission (IEBC).

IEBC was also directed to prepare the necessary technology that will facilitate the tallying and official announcing of these results before they are transmitted to the national tallying center, usually at the Bomas of Kenya.

The credibility of Kenya's past two elections has been questioned and a dispute over the outcome of a vote in December 2007 triggered two months of ethnic violence that left at least 1,100 people dead.

"Such a suggestion would introduce opaqueness and arbitrariness to the electoral process, the very mischief the constitution seeks to remedy".

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.

In challenging the results of the 2013 election, opposition leader Raila Odinga had cited discrepancies between the constituency tally of results and those announced by the IEBC after a failure of the electronic system meant they had to be delivered by hand.

At the time, electoral authorities had abruptly stopped tallying votes and announced then-incumbent president Mwai Kibaki as the victor.

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