Supreme Court orders IEBC to grant access to result declaration forms
The Supreme Court ruled on Wednesday morning that the Independent Electoral and Boundaries Commission (IEBC) should grant access to all result declaration forms used in the October 26 repeat presidential election.
In an application filed by Njonjo Mue and Khelef Khalifa yesterday, the six Supreme Court judges arrived at a unanimous decision, that the electoral commission should grant access to all Forms 34A, 34B and 34C to the petitioners.
Further in a ruling read by Justice Smokin Wanjala on behalf of his colleagues, the apex court directed IEBC to avail a certified copy of the voter register to the petitioners, this, he said, is to be done at the cost of the petitioners.
Yesterday’s application also sought to compel IEBC to produce copies of internal memo, minutes, plenary deliberations among other poll documents, prayers that were declined by the court.
“Remaining prayers have been declined due to the sheer impracticality of their implementation due to the short time left for the determination of the petitions at hand. Others did not have sufficient particularity yet others were quoted in such general terms as to be no more than fishing expeditions,” Justice Wanjala read part of the judgment.
Who to oversee the scrutiny process?
Although lawyer Harun Ndubi had requested the registrar of the court to oversee the production and scrutiny process of the documents, IEBC senior counsel Waweru Gatonye said; “I don’t see why the court should be involved, when his prayers was to be given access, something IEBC is perfectly willing to oblige.”
Chief Justice David Maraga concurred with counsel Gatonye and directed the petitioners to immediately send their representatives to the warehouse harboring the result declaration forms.
“Mr. Gatonye, if they want to take a copy or two of those forms please allow them, avail a photocopying machine. IEBC should avail enough staff so that we get the scrutiny report by tomorrow evening,” said Maraga.
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