[236] All these legislative enactments have one objective; to ensure that in
conformity with the Constitution, the elections are free, fair, transparent
and credible.
[237] It is important to note that the terms “simple, accurate, verifiable,
secure, accountable and transparent” engrafted into these provisions, are
the selfsame constitutional principles in Articles 10, 38, 81 and 86. We
must in that context now proceed, to determine whether, the 1st respondent,
conducted the presidential election in accordance with the principles laid
down in the Constitution and the law.
The Mystery of Forms 34A and the conundrum of
electronic transmission
[238] By far, the most critical and persistently claimed non-compliance
with the law, was that the 1st respondent announced results on the basis of
Forms 34B before receiving all Forms 34A. It was also alleged that the
results announced in Forms 34B were different from those displayed on the
1st respondents’ Public Web Portal. This was contrary to Section 39 (1C) of
the Elections Act. The petitioners also argued that the non-compliance was
in violation of Articles 81(e) and 86 of the Constitution. The noncompliance also went contrary to the Court of Appeal’s decision in Maina
Kiai. The petitioners also claimed that many results were transmitted from
the polling stations unaccompanied by the scanned image of Form 34A,
contrary to Section 39 (1C) of the Elections Act as read together with
Sections 44, and 44 (A) of the Act.
Presidential
Petition
No.
1
of
2017
100
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