Supreme Court judges are on Monday expected to hear a case in which Independent Electoral and Boundaries Commission (IEBC) chairman Wafula Chebukati has sought clarification on whether he is allowed to correct errors found in election results forms (34As and Bs)
On Friday, legal teams representing the IEBC, President Uhuru Kenyatta, NASA leaders Raila Odinga and Kalonzo Musyoka were askec to appear before the court on Monday for further directions.
Chief Justice David Maraga and the other six judges including Deputy Chief Justice Philomena Mwilu, Jackton Ojwang, Mohammed Ibrahim, Smokin Wanjala, Njoki Ndung'u and Isaac Lenaola are expected to be on the bench.
In an application filed on this week, the IEBC chairperson wants the apex court to explain his role in the on October 26th repeat poll and whether he has powers to amend Forms 34B received from the Constituency tallying centers if results recorded differ with those in Forms 34A after verification.
"It is, therefore, necessary that the chairperson's role is clearly stated," Chebukati said.
In a case by Maina Kiai, the court of appeal ruled that results announced by its returning officers in constituencies are final and cannot be changed. However, in its majority ruling, the Supreme Court faulted the Chair for failing to verify all the 40,883 forms 34A and 291 forms 34B before declaring the final presidential results.
"The failure by the first respondent to verify the results in consultation with the second respondent, before the latter declared them, therefore, went against the expectation of Article 138( 3 ) (c) of the Constitution," the majority Judges ruled in nullifying Uhuru's win.