14
HH 307-18
HC 4863/18
verification and scrutinization exercise, the respondent changed colour. Such attitude being
contradictory unfortunately leads to suspicion which may be unfounded that there are skeletons
within the Provisional Voters Roll which the respondent seeks to withhold. The respondent has a
duty and obligation to act and discharge its functions especially in an emotive issue such as the
compilation and authenticity of the Voters Roll in a constitutional democracy, in such a manner
that unfounded suspicions of impropriety are completely dispelled. It is illogical in my view to tell
a person to scrutinize a document to which access has been opened but then refuse to provide a
copy of it. What is there to protect? A person scrutinizing the Provisional Voters Roll can take
notes of anomalies inasmuch as a person who scrutinizes a copy given to him to carry away with
him. So one wonders, where the problem is? In my determination, l can only caution that the
respondent should not be averse to scrutiny of the performance of its public functions. If the
Provisional Voters Roll is construed as a working document consisting of inputs or data capture
of voters made by the respondent’s officers and the same has been opened to the public for scrutiny
and correction, there would appear to me to be no cognizable and valid reason to withhold the
issue of a copy of the information which was captured and has been opened up for scrutiny and
corrections. At the end of the day, the corrected, revised and Final Voters Roll is the one that the
respondent will use during elections. If any person wants to impugn it using any contrary
information obtained from the Provisional Voters Roll surely, the respondent will not be
prejudiced as it can always explain any changes. Is this not what transparency and responsiveness
entails? Having and allowing interested parties to scrutinize and compare information available at
all times should be encouraged.
In my view, it is consistent with the principles of transparency and responsiveness for the
respondent to accede to the request because if as accepted to be the law, voter registration is a
continuous exercise until the Presidential proclamation is gazetted, then the Voters Roll whether
Provisional or Final should be availed for scrutiny and correction all the time so that there are no
electoral disputes which may arise based on the content of the Voters Roll. I am in agreement with
Mr Maanda’s submission that the respondent is ill advised to hold the view that because the Voters
Roll is provisional or is work in progress, there is nothing in it which the applicant will find worthy
of analysis. Mr Maanda submitted that having possession of and inspecting the so called
Provisional Voters Roll will enable the applicant as with any other interested person to raise issues