IEBC chairperson Wafula Chebukati [Photo/nation.co.ke]
The Supreme Court will deliver its ruling on Wafula Chebukati’s roles next week on Tuesday. Chebukati had filed a case at the Supreme Court seeking for explanation of his role in the verification of Forms 34A in the fresh presidential election scheduled for October 26. The chair based his quest on the Maina Kiai case where the Court of Appeal ruled that he cannot correct, vary, confirm, alter, modify or adjust results transmitted to the Bomas of Kenya by constituency level returning officers. Lawyer Kamau Karori who represented the electoral commission said that they thought out a scenario where Chebukati would be obliged to declare results in the event there is a discrepancy in result declaration forms. “According to this court’s ruling on 20 September, the chair is supposed to compare results before declaring results. But in the event of verifying the forms, what is the way forward in the event that the Forms 34A and Forms 34B have not matched? What is the chair of IEBC supposed to do in this case… will he go on to declare results even when he knows there is a discrepancy in the results declaration forms?" IEBC Lawyer Kamau Karori argued Nasa, however, says that the law is very clear in the matter, insisting that there is nothing to clarify in the Maina Kiai case as the Court of Appeal extensively dealt with the issue. The opposition adds that if IEBC had faithfully read through the appellate court ruling, they would not have sought clarification for guidance.