Supreme Court to hear Chebukati application on Wednesday

The Supreme Court will now hear an application by IEBC Chairperson Wafula Chebukati seeking clarification on his role in the fresh Presidential election on the 11th of October.

Chief Justice David Maraga has directed the Commission to file their written submissions and serve other respondents by closure of day Monday.

Maraga has also directed other respondents to file their responses by closure of business Tuesday, adding that the submissions shall not exceed 5 pages.

In the petition Chebukati seeks direction from the Court on which form between 34As and 34Bs he should rely on to announce the final tally of the Presidential election.

He further seeks guidance on his role if there are discrepancies in the forms and whether as the Presidential returning officer he can correct errors identified in the forms.

Chebukati also wants the Supreme Court to give direction on whether he can amend form 34Bs if the results indicated differ with the results in 34A.

IEBC legal counsel Paul Muite said the Supreme Court ruling that the Commission failed to verify results of 34A with those of 34B leaves the Commission confused on which form it should use to declare results.

He argued that the ruling was a contradiction with the Court of Appeal ruling in the Maina Kiai case directing that the Presidential election tally at the constituency level shall be final.

Muite said they are seeking clarification and guidance from the Court in order to avoid mistakes of the August 8th election, saying IEBC will respect whichever directions the Court give.

A section of lawyers however wanted the application dismissed saying the Supreme Court has no jurisdiction to hear the matter and that it should have been filed at the High Court instead.

And while the matter will now be heard on 11th October, Deputy Chief Justice Philomena Mwilu was clear that there was no contradiction in their ruling on the Presidential election and the Court of Appeal ruling in the Maina Kiai case.



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