Chebukati Barred From Announcing Winner Until All Forms 34A, 34B Are Made Public

The petitioners allude that unless the High Court handles and determines the matter, there will be no guarantee that the August 9, elections will be transparent

Wafula Chebukati to be Barred from announcing presidential elections results until Forms 34A and 34B are made public through the IEBC portal. 

The Kenya human rights commission in line with Inuka Kenya Ni Sisi Ltd has filed a petition at the High Court in Nairobi seeking the Court to prevent the Electoral Commission together with its Chairperson from declaring the presidential results after the final tabulation at the Bomas of Kenya.

Alvin Kosgei, an advocate of the High Court representing the petitioners states that although the IEBC is set to conduct the August 9, 2022, General Elections, the Commission’s conduct drawing from the 2013 and 2017 General Elections renders it unlikely that they will comply with the requirements to avail the said forms public vide a portal accessible to all as required by the Law.

The petitioners further submitted that there is little evidence that the ills of the 2017 General Elections have been rectified noting the results of the KPMG audit that exposed the IEBC’S register for having millions of ghost voters. 

The petitioners allude that unless the High Court handles and determines the matter, there will be no guarantee that the August 9, elections will be transparent, and verifiable and that there will be no guarantee that people’s rights to information will be granted. 

According to the Human rights commission, IEBC and Chebukati at large have the resources and capacity to ensure forms 34A and 34B are available to the public immediately after they are received from different returning officers hence rendering it indefensible for Chebukati to fail to make them available to the public as required by the Law.

Kosgei submitted that any purported interference with the results from the Constituency returning officers at the National tallying centres violates Articles 86 and 138(2) of the Constitution which recognizes the finality of the results announced at the constituency level in which case it will be of absolute necessity that forms 34A and 34B be made available for public scrutiny.