Nasa joins case on presidential results

The Court of Appeal has allowed the Opposition to join a case challenging a High Court verdict on presidential poll results being announced in constituencies declared as final.

Judges Milton Makhandi, William Ouko and Kathurima M’Inoti allowed the request from the Coalition for Reforms and Democracy (Cord) to join the case in which the electoral agency appealed against the verdict by the lower court.

“By consent, Cord is herein joined as a sued party to this appeal, they should therefore file their case documents within seven days,” the judges said.

Cord, now the National Super Alliance (Nasa), had argued that it was adversely affected by conflicting laws on the announcement of presidential results at the constituency level being subjected to alterations by the Independent Electoral and Boundaries Commission (IEBC) at the national tallying Centre in the last polls.

Cord alleged that a section of the Elections Act contradicts the Constitution, hence the matter before the appellate court is of great public interest whose outcome would have automatic consequences in the oncoming August 8 polls.

ADHERE TO LAWS

“Cord was an active participant in the last general election where same questions before this court were frowned upon, issues of controversy emanate from provisions that imminently contravene the Constitution as well as the party’s rights,” Cord’s lawyer Antonny Olouch said.

Cord also claimed that the IEBC needs to strictly adhere to the constitution and laws of the country as well as fairness.

On April 7, High Court judges Aggrey Muchelule, Weldon Korir and Enoch Chacha Mwita ruled that presidential results at the constituency level as announced by returning officers are final and should therefore not be subjected to any alterations by the IEBC at the national tallying Centre.

The verdict has been viewed as giving the impression that there is a lower probability of presidential election results at the national tallying Centre being altered after being submitted by the returning officers of the 290 constituencies.

The matter landed in court after UN special rapporteur Maina Kiai, together with Mr Khelef Khalifa and Mr Tirop Kitur filed the suit in May last year.

MANDATE

Through lawyer Waikwa Wanyoike, they had challenged a section of the Elections Act which gave the electoral agency the mandate to vary Presidential election results submitted by returning officers at the constituency level.

But IEBC, through lawyer Wambua Kilonzo, faulted the judges for failing to distinguish between announcement of poll results by returning officers of various electoral units and the declaration of the presidential election results by the chairman of the commission.

IEBC wants the verdict set aside hence filed the appeal on April 21.

The case will come up on June 5.