The judges ruled that forms 34 and 36 to be used in the exercise that will start at 8am on Tuesday.
The Court ordered each party to appoint 10 agents to observe the exercise.
In a ruling delivered on Monday afternoon, the Supreme Court said an oath of secrecy and confidentiality will be administered to the agents on Tuesday morningby the Registrar.
The tallying will be done at a place chosen by the Registrar and the results will be filed at the court’s registry by Wednesday 4pm, the court ruled.
According to the judges, the re-tallying of the votes will be done to show whether the number of votes cast exceeded the number of registered voters.
At the same time the Supreme Court allowed the Attorney General to be enjoined in the presidential petitions as a friend of court.
The judges ruled that it would be improper to exclude the AG as amicus curiae adding his inclusion will not be prejudicial to parties.
However the court rejected a similar application by the Law Society of Kenya.
The court also ordered the consolidation of all three petitions before it.
The petitions have been filed by different parties to challenge the election of Uhuru Kenyatta as president.
In his petition, Prime Minister Raila Odinga has sought several declarations from the Supreme Court, among them those that could, if granted, force fresh presidential elections through invalidation of the recent poll.
The Coalition for Reforms and Democracy (CORD) presidential candidate in the just concluded race also wants the court to declare the entire voters’ register as well as the election itself flawed.
He is also seeking a declaration form the court that it finds no presidential candidatemet the threshold of 50 per cent plus one vote to avoid a runoff. This is contrary to the IEBC’s insistence that Uhuru meet the threshold and should be sworn into office.
On its part the IEBC accuses CORD of using incorrect provisional figures to challenge the voters’ register’s accuracy. It dismisses allegations of irregularities and says it declared the Jubilee alliance candidate “properly and constitutionally”.
IEBC argues the petition filed on behalf of CORD’s candidate, challenging the outcome of the elections is riddled with “misrepresentations” and “misconceptions” about the voters’ register, the tallying process and the legal framework guiding the election.
President-elect Uhuru has dismissed Raila’s petition saying it is replete with falsehoods and is a robust effort to exaggerate facts to secure him an unfair advantage.
He argues that the Constitution does not require IEBC to use electronic election transmission system as Raila argues. He further notes that the petition is an expression of bitterness from Raila’s loss of the poll and that the ultimate objective is to carry out a constitutional coup through the Supreme Court.
Both Uhuru and his designated deputy Mr William Ruto have produced video clips in which Raila and his supporters are captured making statements and comments on the elections before and after filing the petition.
- The Standard
