By Simiyu Simiyu
Presidential election results declared at the constituency level will be final, the Court of Appeal has ruled.
In a case filed by the Interim Electoral and Bounderies Commission (IEBC), Appellate judges Asike Makhandia, William Ouko and Agnes Murgor (pictured) today Friday 23 June 2017 ruled that any tampering or modification of election results by the electoral agency at the national tallying centre is illegal and contrary to the law.
According to the bench, any modifications, if based on any section of the law that gives the IEBC or its chairman Wafula Wabukati powers to do so infringes on transparency and accuracy of the election process.
IEBC was challenging the ruling of the High Court that presidential poll results announced in the 290 constituencies are final and should not be subjected to any alterations.
But the Wafula Wabukati-chaired electoral agency moved to the Appeal court to challenge the verdict issued by Justices Weldon Korir, Aggrey Muchelule and Enoch Mwita.
The three judges had upheld arguments by United Nations Special rapporteur Maina Kiai, Khelef Khalifa and Tirop Kitur, who had sought a declaration that the presidential election results as declared by the constituency returning officers should be considered as final.
They also ruled that the High Court had the jurisdiction to hear and determine the matter, that it was rightly filed before the lower court and that justices Aggrey Muchelule, Weldon Korir and Enoch Chacha Mwita did not exceed their mandate in handling that case.
The Jubilee party was pushing for the tallying of the presidential vote results at the National level, apparently backing the IEBC but the Opposition NASA had raised fears over the move which they termed “dangerous for the actual image” of the voting process.
According to CORD coalition that lost to President Uhuru’s Jubilee coalition in 2013, IEBC colluded with the now ruling coalition to modify the votes announced at the constituency level before reaching the national tallying centre which the public had no control of and that is how they 2013 votes were rigged.