By KBC Reporters
The Court of Appeal will on Friday issue a landmark ruling on whether or not presidential results announced by returning officers at the constituency level are final.
In the case, Independent Electoral and Boundaries Commission (IEBC) challenged an earlier ruling by the high court ruling that declared that the presidential results announced by the 290 constituency returning officers are final.
The hearing of the IEBC appeal was done by five appellate judges between 6th and 7th of this month.
The Wafula Chebukati led electoral body submitted before the judges that the mandate to audit the presidential election results, approve or disapprove and check for errors after receiving them from returning officers lie within the jurisdiction of the commission’s Chairperson.
However, the Opposition CORD led by Senior Counsel, James Orengo, countered this narrative, arguing that the role of the IEBC Chairman is only limited to declaration of the results as received from the returning officers.
Other respondents in the case include human rights activists Maina Kiai, Khelf Khalifa and Tirop arap Kitur.
They argued that it is at the point of national tallying that votes can be altered to suit a candidate which could be a recipe for chaos.
Meanwhile, NASA presidential candidate, Raila Odinga, has said he will accept the peoples’ verdict in August only if the electoral playing field remains level.
Raila said as an alliance they will have no problem with the outcome of the August poll if the IEBC and other government institutions remain non-partisan.
He said they will deploy agents across all polling stations across the country but wants the police to remain non-partisan.
Raila also sustained his onslaught on the IEBC, giving the electoral body up to Tuesday next week to release the verified voter register.
The NASA principals were today touring Trans Nzoia County before heading to Bungoma County on Friday.
Elsewhere, Bungoma governor, Ken Lusaka and his political rival, Wycliffe Wangamati have been ordered to pay 1 million shillings each for violating the electoral code of conduct.
The IEBC Code of Conduct Enforcement Committee says the two have to comply with the committee’s rulings within 24 hours failure to which they will be disqualified from contesting.
Lusaka and Wangamati were summoned by the electoral commission on Tuesday following clashes that erupted in Bungoma town when their supporters clashed after a political rally.
Wangamati, through his lawyer, has however protested the decision by the committee, saying he will be seeking legal redress.
The committee which was delivering verdicts on seven cases of electoral misconduct has also directed Rarieda constituency Independent candidate Netto Adhola to pay 250,000 shillings for using the NASA presidential flagbearer’s image on his campaign material despite him being an independent candidate.
The committee has however dismissed a case presented by Starehe Parliamentary aspirant, Steve Mbogo, who had accused his opponents of intentionally destroying his campaign posters.