Court of Appeal has ruled that presidential results at the constituency will be final, which means Chebukati has no powers to alter the results.
The ruling says in summary:
“The appellant (IEBC) is a body corporate. The Chair (as an individual) can NOT purport to ‘verify or confirm’ a result sent via electronic means by the 290 Constituency Returning Officers. He can ONLY accurately and correctly collate (combine), announce the total and if an aspirant has reached the threshold set in Article 138, declare the winner.
The results from the constituency can NOT be modified or manipulated after the Returning Officer has ELECTRONICALLY transmitted it. It is hypocritical for the IEBC (Chair) to question the integrity of data from its own employees… Any disputes arising therein can ONLY be adjudicated by an Electoral Court after an Electoral Petition”
The ruling continues:
“To suggest that the the Chairperson has the power, under Kenyan law, to add, subtract, multiply, divide, alter or vary the results electronically transmitted from the Constituency tallying centres is to assert an illegitimate mandate… It is evident from the architecture of our laws that the Kenyan people did not intend to vest such sweeping and unbounded authority over a single individual…. Elections are determined by voter turnout -not the IEBC Chairperson!”
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