BY SAM ALFAN.
The Attorney General now wants the court of appeal to expeditiously hear and determine an appeal on election act which govern the conduct, transmission and declaration of presidential election results.
In a letter addressed to the court of appeal president –Justice Paul Kihara Kariuki, AG-Githu Muigai states that the appeal has a direct bearing in the coming general elections set for 8th of August this year and therefore requests that the appeal be heard urgently.
“It is without doubt that the forthcoming general elections constitute a matter of great public interest and therefore the same ought to be conducted in an atmosphere that is free of any legal or political controversy, “reads the letter.
The Independent Electoral and Boundaries Commission (IEBC) is challenging a recent High Court decision that presidential election results announced at the constituency level will be final.
The electoral commission argues that the three judge bench erred in law and in fact in disregarding all laws relating to the conduct of and declaration of presidential election result.
The IEBC also argues that granting returning officers power to declare presidential results is contrary to the provisions of the law and that matters presented in the case did not relate to validity of the conduct of presidential elections.
The ruling delivered early last month, makes the returning officers at the constituency level the final authority all election results including the presidential vote.
In the case UN special rapporteur Maina Kiai, and human rights activists Khelef Khalifa and Tirop Kitur argued that announcing results at the 290 constituencies reduced the possibility of them being altered at the national tallying center.
