July 20, 2019

IEBC loses lawsuit: Presidential results declared at constituency will be final

Presidential election final results will from this coming general election be announced at the constituency level. The returning officers at the constituency centers will declare the results which will not be subject to any other analysis at the national tallying center. A panel of three judges has ruled.

The law that required presidential election results to be taken in for further analysis at the national tallying center has been nullified by the three High Court judges.

The judges ruled that Section 39(2) and (3) of the Elections Act was conflicting with Article 86 of the Constitution.

This implies the part of the Elections Act that gave Independent Electoral and Boundaries Commission the command to differ presidential decisions submitted by returning officers at the constituency levels has been proclaimed unlawful.

This ruling came after IEBC and Attorney General were sued by UN special agent Maina Kiai, Khelef Khalifa, and Tirop Kitur, challenging the law that allowed IEBC to make changes in presidential results declared by returning officers at the constituency level.

 

 

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