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Appeals Court Rules Presidential Results At Constituency Level Final

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Presidential election results declared at the constituency level will be final, the Court of Appeal has ruled.

Appellate judges Asike Makhandia, William Ouko and Agnes Murgor have ruled that modification of election results by the electoral agency or its chairman Wafula Chebukati at the national tallying centre is inappropriate and contrary to the law.

Ouko noted returning officers are most critical and that constituency level results can only be final given the elaborate safeguards

“The poling station is the true locus of the expression of the peoples’ will and should not be exposed to risk of variation. The IEBC has the duty to make sure employees pass the integrity test,” he said.

The section of the law that gives the IEBC or its chairman powers to do so, the said, infringes on transparency and accuracy.

The appeal had been filed by the Independent Electoral and Boundaries Commission.

This was after the High Court ruled that presidential poll results announced in the 290 constituencies are final and should not be subjected to any alterations.


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