High court Judge George Odunga on Wednesday ruled that the gazettement of Returning Officers and their deputies by the Independent Electoral and Boundaries Commission (IEBC) was illegally done and violated the Elections Act.
“The respondent did not provide the list of persons proposed for political parties and independent candidates at least fourteen days prior to the proposed day of appointment to enable them make any representation, in so doing the responded violated Regulation 3(2), “ said Judge Odunga.
IEBC had appointed 290 constituency Returning Officers and their deputies to oversee Thursday’s election. The ruling comes when IEBC had concluded arrangements for the repeat poll despite the multiple cases that had been filed in different courts which had fueled uncertainty.
The Supreme Court on the other hand is expected to deliver verdict on the latest petition lodged on Tuesday by three voters which will give clarity to the fate of October 26 repeat poll date.
However, on the eve of the controversial presidential vote, President Uhuru Kenyatta insisted election must go on as Raila insists his supporters will not participate.
Judge Odunga added that there was no prayer seeking cancellation of the repeat poll and therefore he could not grant such orders.