The Court of Appeal in Civil Appeal No 105 of 2017 held that the results of the Presidential Election would be electronically transmitted from the polling stations to the constituency returning officers, who would tally and verify the said results and in compliance with Section 39(1)(c)(a), Elections Act, electronically transmit the results to the Commission at the National Tallying Centre.
The Commission would then collate the results from the 290 constituency returning officers and the Chairperson of the Commission would thereafter, in accordance with Articles 138(3)(c) and 138(10)of the Constitution, declare the result of the Presidential Election.
The lawful results in the Presidential Election are those announced by the Constituency Returning Officers and contained in Form 34B completed by the Constituency Returning Officers. The final results of the Presidential Election is that declared by the Chairperson of the Commission being the aggregate of the results announced by the 290 Constituency Returning Officers.
The Commission is receiving Forms 34B, meaning that the transmission of the resultsof the Presidential Election have still not been completed. The accurate and lawful result will thus only be ascertained once all the Form 34Bs are received by the Commission and theresults therein collated. The Commission reiterates that its commitment to strictly comply with the provisions of the Constitution and the law. In that regard the Commission will only declare the results of the Presidential Election as directed by Article 138(3)(c) & 138(10)of the Constitution.
Finally Article 249 of the Constitution stipulates that the Commission is independent and not subject to the control of any person or authority.
The Commission and Presidential Candidates agreed on a framework whereby one [1] account was to be provided by the Commission to each Presidential Candidate to facilitate ease of access to Forms 34As and 34Bs. The Commission has in compliance with that negotiated agreement provided the said account to each Presidential Candidate as reasonable access to the Forms 34A and 34B.
W.W. CHEBUKATI CHAIRMAN