Independent Electoral and Boundaries Commission (IEBC) chairperson Wafula Chebukati has moved back to the Supreme Court to get clarification regarding verification of election results forms.
While the Appellate Court in the Maina Kiai case ruled that results declared at the polling station are final, Chebukati argues that there is a contradiction in his role, since the Supreme Court, which overturned the Presidential election, faulted him for failing to verify electoral forms from all polling stations before declaring the final results.
“Arising from the judgment of this Honourable Court, I am now unclear as to what as the returning officer for the presidential election I am supposed to do in view of the clear prohibition at page 39 of the judgment of the Court of Appeal in the Maina Kiai case barring me from “varying, confirming, altering, modifying or adjusting the results,” Mr Chebukati says in an affidavit filed at the Supreme Court on Thursday.
Chebukati, therefore, wants the apex court to ‘complete the lacuna in its direction”, saying it is important before conducting the fresh poll slated for October 26th.
“The failure by the 1st Respondent to verify the results in consultation with the 2nd Respondent, before the latter declared them, therefore went against the expectation of Article 138 (3) (c) of the Constitution…we find little or nothing in this decision [Maina Kiai] to suggest that, by deciding the way it did, the appellate court restrained or barred the 1st Respondent from verifying the results before declaring them,” the Supreme Court said in its 4-2 majority judgment read on September 1st.
The Maraga 4 were conned by…
The Maraga 4 were conned by NASA and based decision to nullify on forgery. Chebukati must seal the loophole by getting clarification he is seeking. NASA WILL otherwise use that loophole as basis for nullification #2. Tumekataa kuibiwa Mara ya pili. Siku za mwizi NASA ni arubaini.
There was bribery from Raila…
There was bribery from Raila to Maranga to steal the will of people. This was an organized crime by Supreme court to nullified the election. Corruption in the highest court of Kenya in favor of Raila
we will subpoena you to give…
we will subpoena you to give evidence of your claims coz it appears you know more than we do. It will save our country.
Who is “we” ?
Who is “we” ?
DUDE, The conning was and is…
DUDE, The conning was and is jubilee baby which was born prematurely right after August 8th, 2017.
I think that the Jubilee…
I think that the Jubilee Party and the IEBC should continue fighting on all fronts to ensure that this second election is going to be done right.We do not want this NASA shenanigans of trying to subvert the will of the people at every turn.1)Jubilee should pass the amendments so that should there be any dumb question about electronic “transmission/servers” the country can revert back to manual counting of the ballot boxes.2)Continue pushing back to get clarification/corrections about the wrongfully annuled aug 8th election.3)There are those that are saying that even if the election amendments are passed, they will be subject to challenge in court, well Jubilee should be ready to fight that legal battle when we get there.4) Lastly anybody that has an ability to talk commonsense to the supreme court judges needs to do it.The country cannot afford these very risky and costly unnecessary repeat elections.It is too great a strain to the peace and stability of the country.Jubilee is surely going to win again on OCt 26th just like it did on AUG 8th.So this annuling of the election and taking the country thru this political uncertainty is just pure nonsense from the supreme court judges.The Maraga 4 are too maleficent for the jobs they hold they should lose their jobs as soon as possible.The level of incompetence from the current supreme court judges is quite simply unacceptable.
If the judgement was based…
If the judgement was based on ‘untruths’ (for lack a better legal term), then the judgment should be nullified …..AND THE WINNER REMAINS the first choice of the people..H.E. U.K.
Those were involved in that…
Those were involved in that ukora should be taken to court in cages like Mubarak
Hire a lawyer to help you…
Hire a lawyer to help you understand the ruling. Stop playing with the lives of Kenyans the 26th will soon be here
Advice is free but be…
Advice is free but be careful Cheb where you get your advice. Over-consultation undermines independence and lowers confidence. This remind me of back in my secondary school days, a bell ringer entrusted me with the task of ringing the bells (he would not be coming back to school that afternoon). It was indeed an honor to ring the school bells! Unfortunately I was so obsessed in making it a perfect one-time gig, that when the hour came, I chose the wisdom to ask permission from the teacher to go and ring the bell! what a preposterous thing that was? The teacher apologetically brought my dreams crushing, castigating me for “borrowing” permission to do what was my “honorable” leadership duty-he publicly declared that people like me should not be entrusted with such important roles as keeping the time, rather I should go keep the goats. Moral of the true story-do not over-consult no matter how how high in the authoritative ladder they are.