The Supreme Court will on Monday hear a case filed by Independent Electoral and Boundaries Commission (IEBC) Chairperson Wafula Chebukati seeking clarification on whether he has the power to amend Forms 34B if the results cannot be reconciled with Forms 34A after verification.
Lawyers for the electoral body, President Uhuru Kenyatta and National Super Alliance (NASA) Presidential Candidate Raila Odinga have been ordered by Chief Justice David Maraga to present themselves in court on the set date to receive further direction.
The case will be heard by Maraga alongside Deputy Chief Justice Philomena Mwilu, Njoki Ndung'u, Jackton Ojwang', Smokin Wanjala, Mohammed Ibrahim and Isaac Lenaola.
It will be the first time the full Supreme Court bench has heard a case since the nullification of Kenyatta's win in the August 8th election.
[caption caption="The Supreme Court bench during the delivery of the detailed nullification ruling"]
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The majority ruling found that the electoral process had been marred by 'irregularities and illegalities'.
Chebukati is seeking a definition of his role as National Returning Officer in the October 26th election.
He wants clarification on whether he can edit Forms 34B at the National Tallying Centre if they differ from results on Forms 34A received at the Constituency Tallying Centre.
Through his lawyers Iseme Kamau & Maema advocates, Chebukati notes that the confusion comes from the majority ruling that placed the blame on him for failing to verify all Forms 34A from the constituencies.
"It is, therefore, necessary that the chairperson's role is clearly stated," he adds.
[caption caption="President Uhuru with IEBC Chairperson Wafula Chebukati"]
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The ruling found that Chebukati had declared Uhuru Kenyatta as President-elect with up to 11,883 Forms 34A unaccounted for.
