290 RETURNING OFFICERS WITH THEIR PRESIDING OFFICERS ARE LEGALLY IN OFFICE, HIGHER COURT SAYS.

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Court of Appeal Lady Justice Martha Koome/FILE PHOTO.

BY SAM ALFAN

High Court Judge George Odunga’s orders will not interfere with the election or have any effect on tomorrow’s elections.

This is after the Court of Appeal overturned his decision made earlier today which sent shivers at the IEBC.

The court set aside his decision that outlawed appointment of returning and presiding officers.

Judge Odunga said that the appointments were irregular and illegal.

Justices Erastus Githingi, Martha Koome, and Fatuma Sichale granted IEBC orders to the effect that the lot is validly in office.

“For the avoidance of doubt, this order means that the constitutional and statutory functions of the returning officers and their deputies relating to the presidential election slated for October 26 are not invalid,” the order states.

Odunga, in the case by Khelef Khalifa and Hassan Abdile, had held that the electoral agency did not follow due procedures in the appointment of the ROs set to man 290 polling stations in the repeat election.

The officials have already been deployed for tomorrow’s repeat presidential poll.

However, the judge declined to cancel the election as no orders had been sought.

“Having listened to counsel and having read the motion, this court has jurisdiction to grant exparte orders in prevailing circumstances and particularly to forestall a constitutional crisis pending the inter-parties hearing,” the judges ruled.

“The impugned decision of the High Court has the potential of rendering the presidential election irregular even before they are held,” the orders read in part.

The court suspended the declaration pending hearing and determination of the appeal.

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