Legal counsel for the electoral commission was on Monday engaged in a heated argument with Supreme Court judges as they sought to get clarification on the role of IEBC chair.
IEBC Chair Wafula Chebukati through senior counsel Paul Muite, Kiragu Kimani and Kamau Karori appeared before Chief Justice David Maraga, DCJ Philomena Mwilu and Justice Smokin Wanjala.
He seeks clarification on whether he has any powers to make changes to correct errors and amend Forms 34A and B as the national returning officer for the presidential election.
In his presentation, Muite told the three Judges that “Your judgment has caused confusion.”
This did not sit very well with the judges according to the Star prompting DCJ Mwilu to interject: “This is not an appeal of Maina Kiai’s case.
Where is the problem between the Maina Kiai case and what we said? Can you put it in a language that we can understand? Because until now, I honestly do not know where the problem is.”
Muite in response said: “We want clarity in your judgment. Which forms should Wafula Chebukati rely on? Is it Forms 34A or 34B.”
He went on to explain that while delivering the majority judgment, the court faulted the Chebukati for not verifying the forms before announcing the winner of the polls.
But the DCJ said she does not recall where in the majority judgment was indicated that the chair should verify the result forms.
“Did we say, touch or move a coma, change figures? Did we say that in our judgment? Where? I don’t remember saying that and I know I participated in that judgment. Where the problem is is what is it that we are required to clarify?” said Mwilu.
Muite responded: “We are seeking a clarification on how the presidential returning officer should go about the function of verifying the results before announcing the winner.”
At this point, the Chief Justice came in and told Muite to read Section 39( 1 ) (c) of the Elections Act adding “it’s that simple.”
It states: “For purposes of a presidential election, the Commission shall electronically transmit, in the prescribed form, the tabulated results of an election for the President from a polling station to the constituency tallying centre and to the national tallying centre.”
But Muite did not take Maraga’s “It’s that simple” comment lying down as he retorted: “Perhaps Chief Justice should explain what you mean by simple.”
NASA through their legal counsel prof ben Sihanya said IEBC is trying to appeal the Maina Kiai case through the backdoor.
The Supreme Court is expected to rule on Wednesday if it has jurisdiction to hear the matter.