November 23rd 2017

Top Stories / National

Supreme Court slams door on election results doctoring at national tallying centre

Where there are discrepancies between Forms 34A and 34B, the judges said, that matter should be left to the election court, thus Supreme Court.

By Phillip MuleeTuesday, 17 Oct 2017 14:31 EAT

IEBC chairman Wafula Chebukati.

The chairperson of the Independent Electoral and Boundaries Commission (IEBC) Wafula Chebukati has been barred from correcting errors on constituency results declaration forms, Form 34B, as he prepares the final results for the presidential election.

The Supreme Court has upheld a Court of Appeal decision that earlier denied the IEBC chairman powers to edit election results from the 290 constituencies countrywide. The chairman is the returning officer for the presidential election, and he is required to make a form, 34C, which is an aggregate of the 290 constituency results.

The Supreme Court ruling means in the event a Returning Officer omits or adds an extra single digit for the presidential election the IEBC chairperson and his secretariat will shoulder the blame.

The Supreme Court Judges by a majority ruling declared the role of the IEBC Chairperson is simply aggregate results as captured on the Forms 34B and bring inaccuracies to the attention of candidates, observers and the public at large.

The presidential election Returning Officer should make it known if the inaccuracies are of such a gravity to alter overall poll outcome, the judges averred. Where there are discrepancies between Forms 34A and 34B, the judges said, that matter should be left to the election court, thus Supreme Court.

Chebukati had moved to the apex court seeking direction on what action to take in the event the result from a polling station is incorrectly captured in the constituency tally.

The earlier ruling by Court of Appeal had barred him from altering the constituency tally directing that any corrections to be made fall under the purview of the Supreme Court.

“A declaration that Constituency Returning Officers possess a fundamental and an inalienable mandate to declare the final results for a presidential election at constituency level and that such declaration is final and not subject to alteration, confirmation or adulteration by any person or authority, other than an election court,” the earlier judgement read.

This led the Commission to rely primarily on the 291 constituency (including Diaspora) results in their determination of the August 8 presidential poll outcome.

In their nullification of the exercise however, the Supreme Court faulted Chebukati for not verifying the results from the 40,883 polling stations in their totality.

---





Stay Connected