May 2019, which is marked as MEC 1, the Respondent acknowledged
that it had
A
received complaints which would require resolving before the results are
announced. Notwithstanding that the Respondent is yet to resolve the same but
ready to proceed witH. announcement of the Presidential Election results. That the
Respondent is not acting on the Applicants' complaints. In its press briefing of 25 th
May 2019, the Respondent stated that it had responded to all complaints to the
satisfaction of all stakeholders and that it is ready to announce the Presidential
Elections results but for the stay granted by the Court. The press statement is TM
5. The Applicants have not received any communication whatsoever from the
Respondent purporting to resolve any of the irregularities raised in the complaint.
The Respondent has thus made a decision to proceed announcing the Presidential
Elections results before resolving the Applicants' complaints thereby denying the
Applicant the right to be furnished with reasons for the Respondents administrative
action.
19. Further, although in the question session of the said press briefing on the 25 th
of May 2019, the Respondent stated that the complaints will be resolved by way
of verification of the results in thS districts which are subject of the Applicants'
complaint, the Respondent failed to afford the Applicants the opportunity to be
present during the said verification exercise thereby, denying the Applicants the
right to a procedurally fair administrative action.
20. The Applicants submit that the court properly exercised discretion to grant
permission to the Applicants for Judicial Review so that the court does review such
decisions, inter alia:
i) The decision to consider the results of the presidential Elections from areas
which were marred by serious irregularities; and
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