The Independent Electoral and Boundaries Commission (IEBC) has declared that it will not appeal the decision by the Court of Appeal that presidential results announced at the constituency level will be final.
The announcement came just hours after some Jubilee leaders led by Devolution Cabinet Secretary Mwangi Kiunjuri stated that the decision should be appealed at the Supreme Court.
The Court of Appeal clarified on declaration of results. We are not appealing the decision
— IEBC (@IEBCKenya) June 24, 2017
Speaking in Turkana County, the leaders indicated they would partner with the IEBC to file an appeal at the highest court in the land.
The Court of Appeal had on Friday affirmed that presidential results announced in constituencies were final.
The five-judge bench held that IEBC returning officers posted in the 290 constituencies must electronically transmit presidential results to the national tallying centre in Nairobi.
However, they maintained that the results should not be subjected to any alterations.
Kiunjuri had stated that they would not accept the court's decision.
“If elections are disputed or a returning officer announces results that are not acceptable to either of the parties before that case is heard in court, the country will already be on fire,” Kiunjuri stated.
His sentiments were echoed by Turkana Senator John Munyes and Turkana North MP Christopher Nakuleu stating that the finality of declaring Presidential results at the constituency level was subject to manipulation.
“We are giving more responsibilities to returning officers who can collude to influence the presidential election,” Munyes explained.
“That court ruling is not in order and must be contested in the highest court in the land,” Nakuleu affirmed.
The Appeal Court ruled that the constituency tallying centres had sufficient safeguards in the form of observers and party agents, therefore, can announce the presidential results.
