Big Win for NASA as Appeal Court Upholds Presidential Results Announced at Constituency Level be Final

The Court of Appeal on Friday morning handed the Independent Electoral and Boundaries Commission (IEBC) a major blow after it upheld the High court ruling that the presidential election results announced at the constituency level are final.

In a ruling by a three-Judge bench, the Appellate Court ruled that IEBC is represented from ward level to the constituency, county and national levels and therefore, can’t dispute the results as announced at the constituency level.

The judges, Justices Agnes Murgor, William Ouko and Patrick Kiage ruled that IEBC should transmit poll results via electronic means from the constituency tallying centre to the county tallying centre and finally to the national tallying centre in that order.

IEBC had moved to the Court of Appeal to contest High Court decision that the presidential election results announced at the constituency tallying centre be final, arguing that only its chair had the full mandate to announce the final Presidential results at the national tallying centre after verification.

The Judges further ruled that, the verification of votes, in case of a dispute, can only be determined by a court and not the IEBC.

Comments

Francis (not verified)     Fri, 06/23/2017 @ 10:27am

One wonders what kind of thinking/logic Kenyan judges use.
Granted that there are 290 constituencies , where does one challenge the results given that the returning officer- IEBC chair will not have seen them and how they were arrived at? What is the role of the supreme court in presidential election petition? Will they still expect the IEBC chair to be the respondent? Will the supreme court be listening to the returning officers from constituencies 290 of them should a candidate file petitions in all?
Changing the structure of the presidential election in this way cannot be done at the bench but would require parliament to re-look the law.It is a recipe for chaos and mischief.The courts are supposed to serve national good/interests and not engage in stupid pronouncements that have not been tested on the eve of an election where some of the participants are loons hell bent of harming Kenyans should they not get their way.

DR. Koni Hanene (not verified)     Fri, 06/23/2017 @ 12:15pm

Again the decision is based on O factor which has apparently has emerged as the fourth branch of the government. The dominancy of O's in the judicial system is a threat to our democracy. This O's-Otunga's, Okumo. Otien's, Ouko's, Odinga's , etc.- have been making judicial rulings based on their tribal affiliation. All independent commissions have rendered useless by this O's because any ruling they make is eventually overturned by O dominated courts. They might as well abolish this Commissions and let the courts act as both Legislative , Executive and Judicial in running the country.

Msema kweli (not verified)     Fri, 06/23/2017 @ 01:04pm

@HYPOCRITE"

" NASA TIBIM ..... NASA TIBIM .... Leo tusker lazima na bibi ainame vizuri .... NASA TIBIM .... NASA TIBIM."

Nakuomba Ndugu HYPOCRITE tuwape kina Mama heshima.

Kila la heri.

DR. Koni Hanene (not verified)     Fri, 06/23/2017 @ 05:02pm

I predict a constitutional crisis in the aftermath of the incoming presidential election whereby our legal system's constitution and it's basic principle of operation will be unable to resolve the election results thus resulting in a breakdown of the orderly operation of government. It is a guaranteed thing. Raila will not accept election results unless he is declared the winner. What will result then is Raila Odinga and his partners in NASA filling an urgent petition in High Court for the writ of Mandamus thus imploring the IEBC to take mandatory action in nature of public duty by reversing the results. NASA's petition will cite as evidence acts of supposed rigging. Kenyans should look at the possibility of uncertainty and politic impasse following August 8, 2017 election

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