IEBC chair Wafula Chebukati cannot make changes to election results, the Supreme Court has said.
The court said there should be no differences in result forms as figures on forms 34B are a direct collation of results on forms 34A.
It said constituency Returning Officers are required by the Election Act to verify results on forms 34A before recording the same on forms 34B, therefore the question of errors or discrepancies cannot arise.
Chebukati wanted the court's clarification on the matter after its September 1 ruling noted that he failed to verify August 8 election results.
But the electoral agency boss found himself in a fix as election laws prohibit him from amending the forms as announced and recorded at constituency level.
Justice Jackton Ojwang said should Chebukati find any inaccuracies on forms 34B, he should first bring out the anomaly before making the final announcement.
"From the submissions made by the counsel, it is apparent that several forms used in the collation and expression of vote count are not always consistent and so may cause challenges to the respondent's task of accurate accounting.
"It is therefore the duty of the 2nd respondent to bring to the attention of the public any inaccuracies discovered by the verification even us he declares the results as declared in Forms 34B," Ojwang said.
He added results on forms 34B are final even if the chair establishes inconsistencies with forms 34A.
Ojwang said Chebukati must exercise discretion on the magnitude the discrepancies will have on the final tally of the vote before making the announcement.
"On that basis, the results should be declared safe that an aggrieved party may move to Supreme Court on the basis of clear evidence pointing towards the differing course," Ojwang added.
The ruling was delivered by Ojwang and deputy chief Justice Philomena Mwilu.
The court's decision now leaves Chebukati with a clear clarification on what to do in the event that election results from polling stations differ with those at the constituency level.
Related:
Also read: