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In a victory for NASA and setback for Jubilee, the Court of Appeal on Friday affirmed that presidential results announced in constituencies are final.

But in a setback for NASA and win for Jubilee, the High Court on Friday refused to cancel the controversial Sh2.5 billion ballot-printing tender awarded to a Dubai firm.

The judge instead directed the file be placed before Chief Justice David Maraga who will name a three-judge bench to hear the case on Tuesday. It raises weighty constitutional issues, Justice George Odunga said

The August 8 election is just 44 days away.

The printing has begun, though not for presidential ballots, which will be next month. Timelines are squeezed.

On announcement of presidential results, the Court of Appeal held that the IEBC's returning officers posted in the 290 constituencies must electronically transmit presidential results to the national tallying centre in Nairobi.

But they cannot be altered in Nairobi.

“The IEBC chairman has no power to unilaterally tally, verify, confirm and declare presidential results or to arbitrarily overturn the decision made by voters,” the court said.

However, only chairman of the Independent Electoral and Boundaries Commission Wafula Chebukati is mandated to formally announce the results.

NASA supporters and civil rights activists celebrated outside the Supreme Court.

NASA presidential candidate Raila Odinga welcomed the ruling, saying it would prevent rigging. Addressing rallies in Cheptais, Sirisia and Bumula in Bungoma county, he said was opposed because it planned to manipulate the vote in Nairobi.
"Now that the court has agreed with us, the reign of Jubilee has been brought to a halt and they are headed home," he said.
Raila said the opposition coalition will now embark on tallying and announcing its own results.
"We will ensure that keep vigil at all polling stations, tally our own results and announce what we have and compare it with that of IEBC," he said.

In a rebuke to the opposition, the IEBC said this week that NASA cannot station five representatives at each polling station to guard the vote, as it had planned.

Nonetheless, the ruling on Friday strengthened its confidence in poll integrity and the mood was buoyant.

On April 7, the High Court ruled that constituency results will be final. This satisfied the opposition, which said there were plans to tinker and manipulate the tally in Nairobi.

However, the IEBC moved to the Court of Appeal.

In dismissing Chebukati's appeal, the five-judge bench held that all he is required and allowed to do is declare the winner of the presidential race through formal certification and notify the CJ in writing of the outcome.

The bench included Justices Asike Makhandia, Kathurima M’Inoti, William Ouko, Patrick Kiage and Agnes Murgor.

The judges said recent restructuring of electoral laws had provided elaborate procedures to curb poll fraud and spelt out stiff punishment for offenders.

“Parliament had put in place measures to cure mischief to safeguard election results that were previously at risk of widespread manipulation,” the joint ruling said.

The justices dismissed arguments by the IEBC and Attorney General Githu Muigai that the IEBC chairman was specially designated as the national returning officer for the presidential poll.

They said a few individuals cannot be trusted with absolute discretion to handle the presidential results.

The IEBC called unverified constituency-level announcements would be a recipe for chaos.

Outcomes for governor, senator and woman representative will be announced at county headquarters. Results form MPs and MCAs will be announced in constituencies.

UN Special Rapporteur Maina Kiai and activists Khelef Khalifa and Tirop Kitur had successfully petitioned the High Court to declare final presidential results should be announced at the constituency level.

By purporting to confirm the results, the Judges said, the IEBC leadership was usurping the role of returning offi
 
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