Court of Appeal suspends High Court ruling that declared gazettement of Returning Officers, deputies illegal

Justice George Odunga. Photo/Kelvin Karani

The Court of Appeal Wednesday suspended High Court Judge George Odunga's ruling that the appointment of returning and presiding officers was irregular and illegal.

"For the avoidance of doubt, this order means that the constitutional and statutory functions of the returning officers and their deputies relating to the presidential election slated for October 26 are not invalid," the order stated.

The order was given by Justices Erastus Githingi, Martha Koome, and Fatuma Sichale.

The Independent Electoral and Boundaries Commission (IEBC) filed an appeal under a Certificate of Urgency arguing that the High Court ruling would invalidate the repeat presidential poll.

According to Justice Odunga, the gazettment of the IEBC officials 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.

Judge Odunga added that there was no prayer seeking cancellation of the repeat poll and therefore he could not grant such orders.

IEBC had appointed 290 constituency Returning Officers and their deputies to oversee today’s (October 26) election.

The ruling came when IEBC had concluded arrangements for the repeat poll despite the multiple cases that had been filed in different courts which had fueled uncertainty.

President Uhuru Kenyatta insisted on Wednesday that the election must go on as NASA presidential candidate Raila Odinga stressed his supporters would not participate in a shambolic process.