[IEBC chairman Wafula Chebukati. Photo/hivisasa.com]
The Independent Electoral and Boundaries Commission (IEBC) has raised concern, after the High Court issued a ruling, which declared that all presidential results being announced at the constituency level, be final.
IEBC has filed a petition, seeking to nullify the decision, saying it disregards laws relating to the conduct and declaration of presidential election results, in an election.
Through Wambua Kilonzo & Company Advocates, IEBC argues that the judges erred in finding that section 39(2) and (3) of the Elections Act provide that presidential elections announced by the constituency Returning Officers are final.
The ruling was issued Justices Chacha Mwita, Weldon Korir and Aggrey Muchelule, April 7, barring IEBC from confirming constituency presidential results issued by Returning Officers, before declaring them as the final.
According to the ruling, presidential results declared by Returning Officers will only be subjected to question, by an election court.