Parties in the case filed by IEBC will this morning converge at the Supreme Court as chairman Wafula Chebukati seeks clarification on his role in the repeat presidential poll.
Mr Chebukati wants to know how the commission will treat discrepancies in case they are noted during the verification of presidential results.
Through his lawyer Kamau Karori, Mr Chebukati said there is a confusion in the judgement issued by the apex court on September 20 because judges stated the chairman must verify the results before declaring the winner.
He said it was necessary that the court clarify whether he and the commission can correct errors in Forms 34B when the results do not tally or conform with the results captured in Forms 34A.
“Clearly, there was an oversight in the judgment to the extent that the court did not complete its directions on how the 2nd Respondent (the chairman) should handle or treat any discrepancy in the tallies in Forms 34B when compared to the tally of the results in Forms 34A,” Mr Chebukati said in his affidavit.
The commission said there is confusion since the court, quoting the Court of Appeal in the Maina Kiai case, expressly stated that the chairman cannot correct, vary, confirm, alter, modify or adjust the results transmitted to the national tallying centre from the constituency tallying centre.