The High Court has on Wednesday declared the appointment of returning officers and their deputies by the Independent Electoral and Boundaries Commission (IEBC) as illegal and irregular.
In its ruling, the court said that the process in which the hiring of constituency returning officers and their deputies was conducted is illegal.
Delivering the judgement, High Court Judge Justice George Odunga said the electoral commission failed to follow the law while hiring the officials.
However, judge Odunga declined to revoke the gazette notice on the appointment of the returning officers and their deputies.
The petition contesting the appointment of the election managers was lodged by Khelef Khalifa, the director at Muslim for Huma Rights through lawyer Willis Otieno.
However, in a statement after the ruling, IEBC said the 290 returning officers and their deputy will manage tomorrow's election as the court did not grant the orders to throw them out.
“The order sought before Judge Odunga was for cancellation of the appointment of Returning Officers and deputies, which has been declined. The appointed Returning Officers and their deputies will conduct the fresh presidential election on 26th October 2017,” IEBC said on its Twitter account.