The Independent and Electoral Boundaries Commission (IEBC) wants a decision by the high court that ruled presidential election results declared by 290 constituency returning officers is final.
Through lawyer Wambua Kilonzo IEBC wants orders by the learned judges of the high court justice Agreey Muchelule, Weldon Korir and Chacha Mwita dismissed.
IEBC argues that the judges misdirected themselves in finding the high court has jurisdiction with questions of the interpretation of the constitution in respect of the conduct of presidential elections.
“Judges erred in law and fact in holding that the matters presented in the petition before them did not relate to the validity of the conduct of presidential elections,” said Kilonzo.
The lawyer argues that high court judges erred in law and fact by failing to take into account the fact that chairman of commission had published a gazette notice No. 2629 dated March 16 2017 and published on March 17 2017 declaring that the decision of the president of the republic of Kenya shall be held on August 8 2017.