President Uhuru Kenyatta and his deputy William Ruto moments after IEBC Chairman Wafula Chebukati declared Uhuru the winner of August 8 presidential election. [Photo: Nairobi News]Independent Electoral and Boundaries Commission Chairman Wafula Chebukati could be unable to declare the winner of October 26 presidential poll should there be substantial variations between forms 34A and 34B.This is a result of conflicting rulings by both the Court of Appeal and the Supreme Court.While the Court of Appeal ruling in what has come to be better known as Maina Kiai case, states that the IEBC chairman cannot correct, vary, confirm, alter, modify or adjust the results transmitted to the National Tallying Centre from the Constituency tallying ventre,  Supreme Court ruling states otherwise.Supreme Court ruling allows Chebukati to verify the results in case he notices errors in Forms 34B, which are used to declare presidential results at the constituency. The figures in Forms 34B are added to make up the final tally in Form 34C, which the chairman uses to declare the winner of the presidential election."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 says in an affidavit as quoted by the Nation.Chebukati wants the Supreme Court to make clear what he should do if results in Form 34B do not tally with those of Form 34A. On one hand, the Supreme Court orders him to verify the results while on the other, he argues, the Appellate Court ruling forbids him from doing it.

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