The High Court has declared the gazettement of Constituency and Deputy Constituency Returning Officers illegal.
Justice George Odunga stated that the appointment of the electoral commission officials was not in accordance with Regulation 3 (2).
Judge Odunga, however, declined to quash the gazettement due to public interest.
The Judge noted that since there was no prayer for cancellation or postponement of the election, the orders sought could not be granted.
[caption caption="Judge George Odunga"]
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The case had been filed by Director at Muslim for Human Rights, Khelef Khalifa, who is also part of the team seeking to stop the Thursday repeat presidential election at the Supreme Court.
The ruling read: "The respondent did not provide a list of persons proposed for appointment to political parties and independent candidates at least 14 days prior to the proposed date appointment to enable them make presentations."
"Since there is no prayer seeking cancellation of the fresh elections for October 26, 2017, or their postponement, it would be efficacious to grant the orders herein in the matter sought," It further stated.
Later, IEBC announced that the Returning Officers and their deputies will conduct the election since the court has not quashed their appointments.
IEBC wrote on Twitter: "The order sought before Judge Odunga was for cancellation of the appointment of Returning Officers and deputies, which has been declined.
"The appointed Returning Officers and their deputies will conduct the fresh presidential election on 26th October 2017."
[caption caption="IEBC Chairman Wafula Chebukati with CEO Ezra Chiloba"]
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