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Court of Appeal declares presidential results in constituencies final

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 on Friday 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.


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.

But the electoral agency moved to the appellate court to protest against the verdict issued by justices Aggrey Muchelule, Weldon Korir and Enoch Chacha Mwita.

The three judges had upheld arguments by United Nations Special rapporteur Maina Kiai, Khelef Khalifa and Tirop Kitur, who had sought a declaration that the presidential election results as declared by the constituency returning officers should be considered as final.


They also ruled that the High Court had the jurisdiction to hear and determine the matter, that it was rightly filed before the lower court and that justices Aggrey Muchelule, Weldon Korir and Enoch Chacha Mwita did not exceed their mandate in handling that case.

The opposition National Super Alliance (Nasa) had supported the High Court outcome while the Jubilee Party has backed the appeal.