(iii) the total number of votes for or under each classification of votes;
(iv) the number of unused ballot papers;
(v) the number of ballot papers which have been the subject of
complaints, if any;
(vi) the discrepancies, if any, between votes counted and the number
of voters;
(vii) the number of complaints and responses thereto and decisions
taken thereon by the polling station officers;
(viii) any other occurrence which the polling station officers consider
to be important to record; and
(b) a brief summary of the final result, and such record and summary
shall be legibly signed by the presiding officer and each of the other
polling station officers and, if any be present, at least one representative
of each political party.”
62. Further, in terms of section 93 subsections (2) and (3), the presiding officer must recall,
respectively, that (a) representatives of political parties at a polling station are “entitled to a copy
of the duly signed summary of the final result of the poll at that polling station”; and (b) that he
or she is obliged by law to “post at the polling station a copy of the duly signed summary of the
final result of the poll at that polling station.”
63. A few things are to be observed from this procedure, at this stage. First, it appears that the route
that the 2nd Respondent took was markedly different from the procedure as prescribed under the
Act, the Regulations and the prescribed form. As already demonstrated above, the Act envisaged
that the record of the polling process under section 93(1) of the PPEA would be separate from the
record book. This is clear from Section 70 of the Act. The record sheets for the record required
under section 93 of the PPEA are provided for under section 70 (f) of the PPEA, whilst the
logbook is described under section 70 (h) of the PPEA as the book in which formal complaints
under section 89 of the PPEA are to be recorded. This is a point which Ligowe J likewise observed
in the case of Raphael Joseph Mhone v. The Electoral Commission and Symon Vuwa Kaunda,
Election petition No. 11 of 2019 (unreported) where the learned Judge stated that:
“The record log book is for recording complaints under s.89. It turns
out that the record log book the Electoral Commission provided in the
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