IEBC Chairperson Wafula Chebukati at the commission's office at Anniversary Towers in Nairobi in June 2017. He will today know whether he can correct errors in the presidential election results [Photo: nation.co.ke]
The Supreme Court will on Monday give directions on whether IEBC chairman Wafula Chebukati can correct errors in the presidential election results.
Chebukati filed the case seeking clarification on what he should do in case there are discrepancies in the presidential results forms.
Through lawyer Kamau Karori, the Star reports, Chebukati, who is also the national returning officer, wants the court to clarify what he ought to do with the errors, if any, after verifying the presidential statutory forms.
Karori said it is necessary the court clarifies whether Chebukati and the commission can correct errors in Forms 34B, when the results do not tally or conform to the results captured in Forms 34A.
The current law bars the IEBC chairman from altering results contained in Forms 34B. The results are final as announced at the constituency level. But the IEBC says there is confusion as the Supreme Court ruling on September 20 said the chairman must verify the results before declaring the presidential winner.
The commission said there is more confusion since the court, quoting the Court of Appeal in the Maina Kiai case, said the chairman cannot correct, vary, confirm, alter, modify or adjust the results, the paper states.
In the Maina Kiai case, five judges of the Court of Appeal ruled on June 2017 that the results declared at the constituency level are final and it is only an election court that can correct an error in the statutory forms.