The Appeals Court has agreed to hear a case in which the electoral agency is challenging a verdict that termed announcement of presidential results at constituency level as final. This is to be heard on priority basis.
The Independent Electoral and Boundaries Commission (IEBC) filed a case, saying it was mandated to make administrative arrangements that would ensure it conducted and supervised the August 8 elections properly.
More directions on the case will be issued on May 10.
IEBC said it was in the process of implementing the Kenya Integrated Electronic Management Systems, which would transmit presidential election results from polling stations to the constituency, county and national tallying centre.
The agency also said the law required that the system be tested, verified and deployed at least 60 days to the poll date.
IEBC, through its lawyer Wambua Kilonzo, argued that it would be impossible for the commission to comply with requirements following the High Court’s decision.
“There is an urgent need for the appeal to be heard and determined on a priority basis to provide clarity on the ability of IEBC to conduct an election,” Mr Kilonzo said.
On April 7, High Court judges Aggrey Muchelule, Weldon Korir and Enoch Chacha Mwita declared that the presidential results at the constituency level as announced by returning officers would be final and should not be subjected to alterations at the national tallying centre.
The issue landed in court after UN special rapporteur Maina Kiai, together with Mr Khelef Khalifa and Mr Tirop Kitur filed the suit last year. They challenged a section of the law which gave IEBC the mandate to vary presidential election results.
In its appeal, IEBC said the ruling was erroneous.
The agency faulted the judges for failing to distinguish between announcement of poll results by returning officers and the declaration of the presidential election results by the chairman of the commission.
IEBC made it known that the judges failed to distinguish the fact that returning officers were limited to only announcing results at constituencies while the commission’s chair had the mandate of declaring total votes of every presidential candidate.