In the last couple of days, The Court of Appeal in Nairobi has played host to Kenya’s best legal minds as they argued their case on why IEBC should have final say on Presidential results.
The team of legal savvy minds led by Attorney General Githu Muigai is seeking to have the Appeals Court overturn High Court ruling that maintained Presidential results announced at the constituency level would be final.
IEBC’s lawyers Wambu Kilonzo and Paul Nyamudi defended their appeal before a five-bench appellate Judge citing that verification of Presidential election results is not alteration.
They argued there was a need to verify the results at the National Tallying Centre by the commission because is different from other elective posts and that there is a standard measure used, reports Daily Nation.
The Appellate Judges hearing the case are Asike Makhandia, Kathurima M’Inoti, William Ouko, Patrick Kiage and Agnes Murgor.
However, the Judges questioned why IEBC’s returning officers in the 290 constituencies are not allowed to verify the Presidential election results before they have them announced yet they will have them published on the commission’s online portal before they are even sent to the national tallying center.
The five Judges expressed concern with the fact that IEBC official who is expected to announce the Presidential results at the national tallying center may be influenced and lean on one side.
But IEBC defended itself citing there was a clear distinction of duties of a returning officer and the IEBC chair [Wafula Chebukati] who declares the final Presidential results.
“There is no finality when returning officers announce Presidential elections results, the declaration can only be done by an authorized officer,” said Nyamudi.
The AG, on the other hand, urged the court to avoid politicizing the outcome of the case.
He also said it beats logic to have 290 presiding officers declare the winner of the Presidential election.
Muigai said there was no reason at all to mistrust the commission. “There have been extrajudicial commentary on this matter, it is regrettable that any person can purport to tell judges how to rule this matter, let us litigants come before you and persuade you.”
“If you are ever in doubt, you should be on the side of caution. I have said this to Parliament before; listen to the voice that is to conduct the elections because that body, does not only have the responsibility and duty but it also has the experience.”
NASA through their counsel James Orengo has insisted Presidential results announced at constituency level should be final.
The Judges will rule on the matter in two weeks time.