The Supreme Court will deliver its ruling on IEBC chairperson, Wafula Chebukati’s mandated roles on Tuesday, next week.
Chebukati had on October 5, filed a case at the Supreme Court seeking interpretation on his role in the verification of Forms 34A in the fresh presidential election scheduled for October 26.
The chair based his quest on the Maina Kiai case where the Court of Appeal ruled that he cannot; correct, vary, confirm, alter, modify or adjust results transmitted to the Bomas of Kenya from the constituency level.
Through lawyer, Kamau Karori, the electoral commission says that they premeditated a scenario where Chebukati would be obliged to declare results in the event there is a discrepancy in result declaration forms.
“According to this court’s ruling on 20th September, the chair is supposed to compare results before declaring results. But in the event of verifying the forms, what is the way forward in the event that the Forms 34A and Forms 34B have not matched? What is the chair of IEBC supposed to do in this case… will he go on to declare results even when he knows there is a discrepancy in the results declaration forms?”Argued IEBC Lawyer, Kamau Karori.
