The Supreme Court is on Monday expected to rule on how to treat discrepancies cases in case they occur in the 26 October repeat election.
Independent Electoral and Boundaries Commission (IEBC) chairman Wafula Chebukati asked the court to clarify on how to treat discrepancies cases when verifying the results.
Interested parties were notified and asked to appear before the court for clarification.
According to the lawyer of IEBC chairman Wafula Chebukati the initial judgment which nullified the presidential election confused the commission since the judement require Wafula Chebukati to verify the results before declaring the winner.
“Clearly, there was an oversight in the judgment to the extent that the court did not complete its directions on how the 2nd Respondent (the chairman) should handle or treat any discrepancy in the tallies in Forms 34B when compared with the tally of the results in Forms 34A,” part of Wafula Chebukati affidavit reads.
In a previous ruling the court said the chairman cannot correct, vary, confirm, alter, modify or adjust the results transmitted to the National Tallying Centre from the Constituency Tallying Centre.
This contradicts the recent ruling in which the court requires the chairman to confirm and verify the results before declaring the winner.