10 things IEBC will do differently on the 26th of October 2017

The chairperson of the electoral commission cannot alter presidential results from the Constituency according to Kenya’s Supreme Court.

Deputy Chief Justice Philomena Mwilu while delivering a majority judgment said Wafula Chebukati who is the Returning Officer in the presidential election cannot correct errors or amend form 34B but can only expose discrepancies.

“We hereby reiterate that the 1st and 2nd respondents cannot correct errors identified in Forms 34B or amend the Forms 34B where the same differ with the results contained in the relevant Forms 34A. Theirs is to expose such discrepancies and leave the resolution of such issues to the election Court, in this case, the Supreme Court”, she said.

“Nowhere in the majority judgement did this court criticise the IEBC and Chebukati reliance on the Maina Kiai case, on the contrary what this court took issue with was the decision by Chebukati to declare the result that had not been tested against the transmitted results in form 34A from the 40,883 polling stations countrywide,” she added.

“The verification required of the 1st and 2nd respondents is meant to ensure accuracy or prevent fraud and also to confirm that the candidate to be declared president-elect has met the threshold set under.

It is, therefore, the duty of the 2nd respondent, to bring to the attention of the public, any inaccuracies discovered by the verification of Forms 34A and Forms 34B even as he declares the results as generated from Forms 34B to generate Form 34C” said the Deputy CJ.
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