The Supreme Court has denied the polls’ Boss Wafula Chebukati powers to edit the two statutory presidential election documents � forms 34As and 34Bs filled at polling and constituency tallying centres respectively.
The forms are filled by presiding and returning officers in the presence of all candidates’ agents.
Details contained in the two forms are used to fill the presidential election results declaration form � 34C.
The court at the pinnacle of Kenya’s judiciary said the Independent Electoral and Boundaries Commission chairman cannot alter the two documents once they are filled.
IEBC chairman Wafula Chebukati had sought clarification on whether he can alter hard copies of the documents if they have errors or there are discrepancies between them and those filled in the Kenya Integrated Election Management Systems (KIEMS)
But the court declared that the results originating from the two points are the final in determining the winner in a presidential election.
The court said the polls commission chairman should tally the results as they are in the two forms without any adulteration.
Deputy Chief Justice Philomena Mwilu, who was presiding on the bench today, said the IEBC chairman duty will be to bring attention of errors to the public and to the court on the irregularities when noted.
The second respondent’s (Chebukati) duty will be to present the discrepancies and any irregularities that are identified to the court and to the public, said Judge Mwilu.
The judges said the returning officers are supposed to sign the form 34As and 34Bs at their polling stations before their submission to the National Tallying Centre.
The Supreme Court will therefore correct errors and verify the results on a 14 day ruling before they are officially announced.
Mwilu stated that verification of results is not a creation by the Supreme Court of Kenya but a constitutional mandate.
The IEBC and chairman should expose the errors and leave the rest to the Supreme Court, she said.
Source: Kenya News Agency