IEBC appeals court ruling on constituency tallies

The Court of Appeal will on Wednesday hear a case in which the Independent Electoral and Boundaries Commission (IEBC) wants an appeal challenging the announcement of presidential results from the constituency level as final be determined on an urgent priority basis.

The High Court recently ruled that presidential election results at the constituency level announced by returning officers should be considered final.

According to the electoral body, the High Court erred in issuing that verdict and hence wants it set aside in their appeal filed on April 21.

High Court judges Aggrey Muchelule, Weldon Korir and Enoch Chacha Mwita on April 7 declared that the 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.

In the appeal, the IEBC faults the judges for failing to distinguish between the 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 as the presidential returning officer.

Through lawyer Wambua Kilonzo, the IEBC claims that the judges failed to distinguish that returning officers are limited to only announcing results at the constituency level while the commission's chairman has the mandate of declaring total votes of each presidential candidate.

They claim that granting returning officers the power to declare presidential results is contrary to the provisions of the law.