[IEBC Chairman Wafula Chebukati. He is set to lead his commission again as the country heads for a fresh election.] (Photo/nation)
IEBC Chairman Wafula Chebukati is seeking a clarification from the Supreme Court, to determine whether he can make corrections to errors in result forms during elections.
The chairman, in an affidavit, wants the court to clarify the point, saying the judgement to nullify the August elections has left him at risk of being in contempt of court.
“Clearly, there was an oversight in the judgment, to the extent that the (Supreme) Court did not complete its directions on how the 2nd Respondent (IEBC chairman) should handle or treat any discrepancy in the tallies in Forms 34B when compared to the tally of the results in Forms 34A,” Chebukati said.
He added: “In its judgment found at page 159 paragraph 365-367, I am required to verify the Forms 34B against the result in Forms 34A, It was necessary for this Honourable Court to complete that direction by stating what I am supposed to do in case I find a discrepancy between the two forms,”
Chebukati is now unsure what he should do in case he notices errors in Forms 34B, which are used to declare presidential results at the constituency.
The election was nullified on basis of illegalities and inconsistences in the Forms 34A and 34B, with the Supreme Court ordering for a fresh election.