26. For a start, and in order to give proper context for the evidential and legal analyses that follow in
the present judgement, the it is imperative that we highlight how the PPEA envisages the polling
process from the point where polling materials are supplied to the polling stations up to the point
of determination of the results. The Court opines that this is a proper starting point in view of the
fact that other prior issues, such as those concerning campaigning and registration of voters which
had been raised in the 2nd Petitioner’s petition were eventually relegated by the 2nd Petitioner
himself to the status of mere background material and not issues for determination.
27. Part VI of the PPEA deals with polling stations and we highlight some of the important provisions
relating to the electoral process for purposes of the present case.
28. Section 68(1) of the PPEA provides that:
“The Commission shall appoint polling station officers in its service
whose duty shall be to administer the proceedings at polling stations,
including more particularly the casting of votes, and to count the votes
cast at polling stations.”
29. This provision clearly demonstrates that the primary duty to administer proceedings at the polling
station lies with the 2nd Respondent’s polling station officers as led by the polling station presiding
officer.
30. In administering an election, section 70 of the PPEA outlines the necessary items that the 2nd
Respondent is mandated to supply to the polling station. The section enjoins the Commission to
ensure, in due time, that polling station officers at every polling station are supplied with the
following necessary items:
“(a) an authenticated copy of the voters register of the voters registered
at the centre served by the polling station;
(b) the ballot papers and accompanying envelopes for use by voters in
casting their votes;
(c) the ballot boxes;
(d) the seals, sealing wax and envelopes for the votes;
(e) indelible ink;
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