IEBC ordered to respond to presidential results case

A High Court in Kisumu has ordered the Independent Electoral and Boundaries Commission (IEBC) to respond to an application filed by three voters seeking to have the body declare presidential election results within seven hours to avert violence.

Justice David Majanja ordered the IEBC to file the required documents within seven days.

“We know Kenyans are entitled to free and credible elections. The matter will be heard on July 18,” he said.

The electoral body had not responded to the application nor given its written submissions.

ARGUE

Henry Kenei, representing the IEBC, said he will prepare the documents within the stipulated time to allow him to argue his case.

Titus Alila, Jackline Otieno and Francis Ogada had sued to compel the electoral agency to declare provisional presidential results within seven hours after closure of polling stations to avoid anxiety.

The petitioners argue the seven days allowed by the Constitution for the declaration of presidential results is too long.

The trio argue in the suit that delays in announcing the provisional election results could cause chaos.

They also claim delays would compromise the constitutional threshold for a free and fair election that must be transparent, efficient and accountable.

KIEMS

Through their advocate, Kenneth Amondi, they argue that the petition is of public interest because the public has invested Sh3.8 billion in the Kenya Integrated Election Management System (KIEMS) to ensure electronic results transmission of presidential election results from polling stations to the national tallying centre.

They said while the Constitution provides that presidential results be declared within seven days of the election, KIEMS would ensure that results from all polling stations are electronically transmitted and tallied within seven hours at the national tallying centre.

The presidential results will be announced at the polling stations then later at the constituency main tallying centre. The final declaration of the winners will be made at the national tallying centre in Nairobi.

“Counting of votes start at the same time as other five positions too, therefore the presidential results announcement should not be any different,” said Mr Amondi.

He argued that the current political atmosphere is tense as the leading presidential candidates campaign across the country, with a close contest expected in the presidential race.