A five-judge bench of the Court of Appeal has ruled that presidential results in the August elections will be declared at the constituency level by the returning officer.
The bench consisting of Justices Asike Makhandia, Kathurima M’Inoti, William Ouko, Patrick Kiage and Agnes Murgor upheld the High Court ruling stating that presidential poll results announced in the 47 constituencies are final and should not be subjected to any alterations.
The appellate judges in their ruling noted that modification of election results by IEBC or its chairman Wafula Chebukati at the national tallying center was inappropriate and contrary to the law.
They added that the section of the law that gives the IEBC or its chairman powers to declare the results at the national tallying center infringes on transparency and accuracy.
Opposition Leaders led by Raila Odinga received the news with jubilation stating: "Great news from the Court of Appeal! We should never ever despair or give up on Kenya. Our will as a people will always prevail. God bless".
NASA co-principal and Bomet Governor Isaac Ruto tweeted: "Congratulations to the Court of Appeal for upholding the High Court ruling. This is a major step in our fight against electoral fraud".
The National Super Alliance (NASA) had been enjoined in the case filed by UN special rapporteur Maina Kiai, Tirop Kitur and Khelef Khalif at the High Court seeking orders demanding that Presidential election votes be declared at the Constituency tallying centers.
The High Court had initially ruled in NASA's favour stating that presidential poll results announced in the 47 constituencies are final and should not be subjected to any alterations.
IEBC, however, moved to the Appellate Court to protest against the verdict issued by Justices Aggrey Muchelule, Weldon Korir and Enoch Chacha Mwita.
According to the Independent Electoral and Boundaries Commission, the results have to be verified at the national tallying center by the Commission's chairman Wafula Chebukati who is the National returning officer of the presidential elections.
Jubilee backed IEBC's appeal arguing that all results should be announced nationally and verified by the Commission.
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