The Supreme Court has ruled that the IEBC and the Commission’s Chairman Wafula Chebukati cannot correct errors in Form 34Bs where they differ with Form 34As.
The court said their only responsibility is to expose the inaccuracies and leave the determination to the Supreme Court in case of an election petition.
In case the IEBC boss identifies any errors on the election results, he is duty-bound to inform the presidential candidates and observers and proceed to declare uncontested results, the court held.
Justice Jackton Ojwang made an independent concurring decision with Justices Maraga, Mwilu, Smokin Wanjala and Isaac Lenaola.
