NASA warns IEBC, Jubilee on provisional results appeal

 

NASA Principals PHOTO:COURTESY

The Oppositional wants the electoral agency to withdraw its appeal against a High Court decision that presidential election results be announced at polling stations.

Technical committee members Johnstone Muthama, James Orengo, Guleid Mohamed and John Bunyasi claimed the appeal had been engineered by Jubilee Party to open up a window to manipulate votes on August 8.

The officials who spoke in Mombasa after a meeting with NASA principals yesterday said the Independent Electoral and Boundaries Commission (IEBC) must not appeal the decision to ensure fair elections.

Orengo and Muthama, who spoke after a meeting with Raila Odinga, Musalia Mudavadi, Kalonzo Musyoka, Isaac Ruto and Moses Wetang'ula, said they would not allow IEBC to have its way in this matter.

They said NASA would ensure elections are not held in August if the IEBC insists its chairman be given powers to announce the results of the presidential election.

But National Assembly Majority Leader Aden Duale said while the Judiciary is an independent institution, it is Jubilee's position that the IEBC chairman is the final Returning Officer of the presidential election.

Duale argued that results of the presidential election announced at the polling station cannot be final because in the event there are mistakes in tallying, IEBC should have the powers to rectify them after counter checking.

"What if the returning officer in Central or Nyanza regions puts their own figures? Sometimes they are fatigued after working for long hours and they can make mistakes. Are we saying the commission at the national tallying centre cannot correct the errors?" Duale posed.

This came as the IEBC fought to overturn the court's decision. In its appeal filed by lawyer Kilonzo Wambua, the commission argue the High Court failed to recognise that the powers given to returning officers is only to announce results at the constituencies, whereas the chairman is the only one who can declare final results.

"The High Court erred in law by failing to appreciate that for the purpose of Presidential elections, the Constitution contemplates to hold a single election for the President of which the chairman of the commission is the returning officer," the appeal reads.

And in a statement read by Mr Mohamed, the NASA leaders told IEBC to respect the decision of the High Court and withdraw the appeal forthwith or face its wrath.

"On April 4, the High Court ruled presidential election results declared at polling stations and constituency level are final and cannot be overturned unless by an order of the court. This decision reaffirmed the provisions of the Constitution on finality of elections results declared at the constituency level," Mohamed said.

He added: "It therefore concerns us as NASA the IEBC has decided to appeal that decision. In whose interest is this appeal?" 

They claimed there was Jubilee's hand in the appeal with a view to rig the elections. "If IEBC overturns the High Court ruling, then there will no elections in August. It will not be a boycott; there will be no elections," said Muthama, who is the Machakos senator.

Muthama said after looking at the numbers in Coast, Western, Nyanza and Rift Valley, they were convinced there was no way Jubilee will win the next elections unless it rigs.