Chebukati moves to Supreme Court over correcting Forms 34B errors

IEBC chairman Wafula Chebukati has moved to the Supreme Court to seek clarification on whether he can correct errors in Forms 34B.

This is for those whose results do not tally or conform with those captured in Forms 34A.

Chebukati says there is 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.

Read: Presidential poll results declared at constituency tallying centre final - court

But the confusion the chairman speaks of arises in the same division where judges in the majority ruling criticised him for not verifying all forms sent from constituencies.

"Despite agreeing with the finding in the Maina Kiai case, at paragraph 294 of its judgment, the Supreme Court criticised the IEBC over errors identified by the court," he says.

He adds the court emphatically stated that in the course of verification, the numbers must add up.

Chebukati said the case is urgent and should be heard immediately in light of the fresh presidential election on October 26.

According to the Court of Appeal, results declared by the constituency returning officer are final and any error noted in the statutory forms could only be corrected by an election court.

In April, a three-judge bench of the High court said presidential election results announced at constituency tallying centres will be final.

Justices Aggrey Muchelule, Weldon Korir and Chacha Mwita also declared various sections of the Election Act illegal.

This followed a case where Kiai, a human rights activist, sought the nullification of regulations in sections 83 (2), 87 (2)(c) of the Act.

Kiai's lawyer Ben Sianya said the sections granted IEBC powers to confirm, audit or even verify presidential election results sent by a returning officer.

"We are happy with the High court ruling which declared that once the presidential results have been announced by a returning officer at constituency level, those result will be final," he said.

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