Africa-Press – Kenya. Lawyer George Murugu has told the Supreme Court that unmarked ballot papers in elections are treated as rejected and cannot be considered when computing the final tally.
The lawyer was responding to Justice William Ouko’s question on how unused ballots are accounted for. “An unmarked ballot is treated as rejected, void and shall not be counted for purposes of declaring a result at the polling stations,” Murugu said .
He said under the Election General Regulations, the presiding officer is obligated to record unmarked ballots in Form 41 as rejected ballots. The unmarked ballot papers are then sealed in a tamper proof envelope and placed in the ballot box.
On whether the IEBC chairperson Wafula Chebukati gazetted the President-elect in his capacity as the national returning officer, the lawyer said it was his obligation to do so as guided by the law.
“It is a direct question and the answer lies in the Constitution, Article 138 (10) which places an obligation upon the chairperson of the Commission to declare the result,” Murugu said. However, he argued that the gazettement should not be used to insinuate that the chairperson had gone rogue.
“The gazettement was not for purposes of article 138 (c) but 138 where the chairperson takes up responsibility and account for that result that follows a presidential election,” Murugu averred.
Justice Ouko also wanted to know whether Chebukati was appointed as an agent for the presidential election by the Commission or as national returning officer in his capacity as the chairman of the Commission.
For More News And Analysis About Kenya Follow Africa-Press
