BY JOHN WERU.NAIROBI,7TH JUNE,2017-The Independent Electoral and Boundaries Commission (IEBC) will know whether the court will uphold its appeal contesting the announcement of presidential results at the Constituency level on the 23rd of June.
This follows the move by IEBC, government and the opposition National Super Alliance (NASA) lawyers who made their final submissions on Wednesday, June 7, 2017 with the electoral body and the government pushing to have the High Court ruling declaring presidential election results as announced at the Constituency level final improper.
Making his final submissions, NASA lawyer, James Orengo, argued that the IEBC boss has no legal powers to alter presidential results in a General Election after they are announced in the constituency.
Orengo argued that in case the IEBC boss is allowed to alter the presidential election results as received from the constituency level, then he should sign a different form.
“If there was an intervening action by IEBC between the announcement of the results at the constituency level and the level of the IEBC chairman, then another form should be signed. No such form exists,” argued Orengo.
He further argued that the IEBC chairman has no power whatsoever to alter the presidential election results.
“It is not true that Article 138 (3)(c) of the Constitution on the presidential election is self-contained as submitted by the IEBC legal team.”
He further argued that the function of the IEBC after the presidential election has been clearly outlined in Article 138 of the Constitution.
Orengo argued that provisional results have previously led to ballooning of results and asked the court to dismiss the IEBC appeal.
In response, IEBC lawyers, Wambua Kilonzo and Paul Nyamodi, defended the commission position that Chairman Wafula Chebukati should be the one to make the final decision on presidential results.
IEBC and the government, through Attorney General Githu Muigai, argued that the commission chair is the presidential elections returning officer.