The Supreme Court has made a majority ruling regarding a petition by Independent Electoral and Boundaries Commission (IEBC) Chairman Wafula Chebukati.
When delivering the ruling, Deputy Chief Justice Philomena Mwilu stated that Chebukati cannot amend or alter any forms 34B during the presidential election.
Mr Chebukati filed the case seeking clarification on his role with regards to the verification of presidential election result declaration forms.
[caption caption="Deputy Chief Justice Philomena Mwilu"]
[/caption]
He wanted the court to clarify what he ought to do with any discrepancies – in case they are noted – during verification of the results.
In an affidavit filed last week, Chebukati stated that while the Court of Appeal had in the Maina Kiai case ruled that what is announced at the polling station is final, the Supreme Court in its landmark ruling that invalidated the August 8 poll indicted him for not verifying the crucial documents.
His query was in response to the Supreme Court finding that he should have verified the results as captured on the polling station result forms despite the Court of Appeal upholding that the results, as announced by the Constituency Returning Officer, are final.
Chebukati brought this apparent contradiction to the attention of the Supreme Court so they could provide guidance ahead of the fresh presidential poll.
The election is slated for October 26 although the opposition has threatened to boycott the whole process if all their 'irreducible minimums' are not met.
NASA leader Raila Odinga has reiterated that he is not afraid of the election but wants a 'level playing field'.
On Monday, Deputy President William Ruto stated that he had no problem with IEBC meeting Odinga's demands and expressed confidence that President Uhuru Kenyatta would still beat the former Prime Minister.
[caption caption="Deputy President William Ruto"]
[/caption]
Update
1:23pm: Added details of the ruling and what informed the decision made by the Supreme Court
