IEBC says it did not cancel election in 25 constituencies affected by violence

The electoral commission Wednesday told the Supreme Court it did not cancel the election in the 25 constituencies that were affected by violence.

Instead, the court heard the commission postponed the election in the four counties until there was security and peace in those areas.

The court heard the Independent Electoral and Boundaries Commission (IEBC) had no powers to cancel an election.

Asked what the consequence of failing to carry out the election in areas marred by violence within the stipulated 60 days were, IEBC's lawyer Kamau Karori said it weighed whether the winner, President Uhuru Kenyatta, had garnered the set threshold of votes in all counties and whether the votes in left out areas would have any effect on the final tally.

According to IEBC, the scale tilted in favour of the winner as he had received more 50 per cent plus one votes and his popularity had surpassed the set percentage in the counties.

To cancel

“IEBC does not have powers to cancel the election. The Constitution commands that the election should be held in 60 days and this court ordered that is should be held within the same period,” Mr Karori argued.

The court also heard that there is no law or court decision on what happens to areas that the electorate did not cast their votes in a repeat election.

At the same time, the IEBC defended the October 26 election, saying that it followed the law the letter.

The commission through lawyers Waweru Gatonye argued a fresh election ought to have been conducted within 60 days and at the same time according to the judgement made by the Supreme Court.

Lead counsel

Lawyer Gatonye, who was the lead counsel for the IEBC, took the floor first with submissions that candidates did not require to go through fresh nominations for the repeat poll.

He argued that nominations issue was not one of the grounds which was argued before the court on August 8.

According to the IEBC, the 21 days for nominations provided by the law would limit the time for preparations.

The court also heard that High Court orders for inclusion of all the candidates asserted that there was no need of going to the political parties for a fresh mandate.