The Court of Appeal has ruled on a landmark case pitting the Independent Electoral and Boundaries Commission (IEBC) against the opposition.
IEBC lodged an appeal with Appeal’s court after the High Court ruled that Presidential results announced at the constituency level would be final.
And on Friday, five Appellate Judges upheld the High Court’s ruling.
Judge William Ouko who spoke last said IEBC must work with integrity and should not harbor any shred of suspicion as it will erode the trust Kenyans have with the commission.
He added that it beats logic to imagine that IEBC would verify results while at the National Tallying Centre in Nairobi.
This, he said, shows that the commission does not trust its staff.
“It is hypocritical for the appellant [IEBC] to doubt the honesty of its own staff [and give this as] the reason to verify the results,” said the Appellate Judge as the Star reports.
“The poling station is the true locus of the expression of the peoples’ will and should not be exposed to the risk of variation. The IEBC has the duty to make sure employees pass the integrity test.”
“Accuracy is fundamental in every election. It is the mandate for the IEBC to deliver a free and fair election,” added he.
He read out the so-many hours ruling alongside other Appellate Judges Patrick Kiage and Agnes Murgor.
It is not yet clear if IEBC will move to the Supreme Court for a final verdict.
The commission through its lawyers had argued that the High Court ruling was limiting the commission through the ruling.
NASA Presidential flag bearer Raila Odinga speaking in relation to the ruling hailed it and said it was a trendsetter Jubilee was headed home.
“Now that the court has agreed with us, the reign of Jubilee has been brought to a halt. They are headed home,” he said while on a campaign trail in BUngoma on Friday.