Despite ruling, only commission should announce results

The landmark judgement in Maina Kiai and 2 Others vs. the IEBC and Another Nairobi High Court Petition No. 207 of 2016 filed by human rights activists Maina Kiai, Khelef Khalifa and Tirop Kitur against the IEBC and Attorney General declared, inter-alia, that the presidential results announced by constituencies returning officers are final in respect of the constituency and can only be questioned by the election court.

The three petitioners had challenged the constitutionality of Sections 39 of the Elections Act and Regulations 83(2), 84(1) and 87(2)(c) of the Elections (General) Regulations 2012 that cumulatively state that the results in presidential elections declared by constituency returning officers (CRO) are provisional and subject to confirmation by the Commission at the presidential elections tallying centre which shall be located in Nairobi.