[26] Therefore to the question whether there was a dierence between Forms 34A uploaded on the IEBC Public Portal, those received at the National Tallying Centre, and those issued to the candidates’ agents at the Polling Stations, we have found none. (iv) Whether the postponement of Gubernatorial Elections in Kakamega and Mombasa Counties, Parliamentary elections in Kitui Rural, Kacheliba Rongai and Pokot South Constituencies and electoral wards in Nyaki West in North Imenti Constituency and Kwa Njenga in Embakasi South Constituency resulted in voter suppression to the detriment of the Petitioners in Petition No. E005 of 2022 [27] It is common knowledge that IEBC postponed elections for various seats during the General Elections of August 9, 2022 due to mix-up of ballot papers in the above named electoral units. [28] It is the combined case of the 1st and 2nd petitioners that, in terms of articles 136(2)(a), 177(1), 180(1) as read with article 101 of the Constitution, the Chairperson of IEBC had no jurisdiction to postpone elections in those areas; that section 55B of the Elections Act is inconsistent with the Constitution and therefore void to the extent that it purports to donate to IEBC power to postpone elections in the Constituency, County or ward contrary to the Constitution and the postponement undermined the conduct of free, fair and credible elections by depriving the voters an opportunity to vote for all the candidates on the date stipulated by the Constitution. The petitioners further contend that, the postponement of elections had the overall eect of suppressing voter turnout in the electoral units in question which was prejudicial to them. [29] Both the 1st and 3rd petitioners also believe that elections were deliberately postponed in Kakamega and Mombasa, Counties. It was alleged that these areas are considered to be 1st petitioner’s strongholds, and as such, the postponement of elections worked to his disadvantage and handed a benet to the 1st respondent. [30] These assertions were denied by IEBC and its Chairperson. They however, admitted that they experienced confusion with the printed ballot papers and explained that they only discovered the mixup on the eve of the Election when the ballot papers were being distributed to the polling stations; that as a practice, ballot papers can only be opened on the eve of the Election Day to avoid any mischief; and that by the time the mix-up was discovered, it was logistically impossible to print and replace the ballots papers in time for the election. [31] For this claim to succeed, it must be demonstrated, rst, that IEBC had no authority in law to postpone the elections and secondly, that the postponement was deliberate and calculated to suppress voter turnout so as to aect the result by reducing the 1st petitioner’s overall votes. [32] Section 55B of the Elections Act, 2011 provides for circumstances when elections can be postponed in a particular electoral unit including in cases of emergency. [33] We are therefore satised that on the basis of the foregoing provision, that the 3rd respondent had the requisite power to postpone election in the Constituencies, Counties and wards in question. [34] Concerning the allegation of voter suppression, we note that voter suppression is generally recognized as a political strategy which takes many forms but whose practical eect is ultimately to reduce voting by deliberately discouraging or preventing targeted groups of people from exercising their right to vote and thereby inuence the outcome of an election. It therefore goes against the letter and spirit of article 38 which guarantees every citizen the right to make political choices based on universal surage. kenyalaw.org/caselaw/cases/view/240578/ 19