The Supreme Court has ordered the Independent Electoral and Boundaries Commission (IEBC) to put in place a complementary system for the repeat presidential election fresh October 17, in compliance with Section 44A of the Elections Act.
According to Chief Justice David Maraga, the court could not ignore the guidelines on the use of technology in the transmission of results as anchored in law.
Maraga also noted that the court found that no reasonable explanation was given as to why not all Forms 34B did not have security features.
“It was obvious to us that IEBC misunderstood the petition and therefore jumbled its responses. IEBC should do some soul searching and go back to the drawing board.
“As judges, we have taken an oath of fidelity to the Constitution. For what is the need of having a Constitution if it is not respected?” asked Maraga on Wednesday (20/9/17).
The court, however, pointed out that it did not find any evidence incriminating any of the IEBC officials.
“No evidence was placed before us to prove that electoral offences were committed by officials of IEBC. What we saw in evidence was a systematic institutional problem and we were unable to find specific fingerprints of individuals who may have played a role in the commission of irregularities,” he ruled.
“We are therefore unable to impute any criminal intent or culpability on either the IEBC Chairman or any other Commissioner or member of IEBC,” the CJ added.
National Super Alliance (NASA) leader has on several occasions stated that he will not participate in the election unless IEBC CEO Ezra Chiloba is sacked and prosecuted.
According to the former Prime Minister, the Chiloba team must go home as it conducted a shambolic August 8 General Election.
Jubilee Party led by President Uhuru Kenyatta and his deputy William Ruto, has dismissed NASA’s sentiments and said they are ready for the fresh election.