[292] The failure by the 1st respondent to verify the results, in consultation with the 2nd respondent, before the latter declared them, therefore went against the expectation of Article 138(3)(c) of the Constitution, just as the failure to electronically and simultaneously transmit the results from all the polling stations to the National Tallying Centre, violated the provisions of Section 39 (1C) of the Elections Act. These violations of the Constitution and the law, call into serious doubt as to whether the said election can be said to have been a free expression of the will of the people as contemplated by Article 38 of the Constitution. [293] It was further urged in Court by a number of counsel for the 1st and 2nd respondent, that by disregarding Forms 34A, and exclusively relying on Forms 34B (many of whose authenticity would later be called into question), in the tallying process, the said respondents were simply complying with the Court of Appeal’s decision in Maina Kiai. We have already held, that we find little or nothing in this decision, to suggest that, by deciding the way it did, the Appellate Court restrained or barred the 1st respondent from verifying the results before declaring them, or that it was relieving the former from the statutory duty of electronically transmitting the results. What the 2nd respondent was barred from doing by the Court of Appeal and the High Court, was to vary, alter, or change the results relayed to the National Tallying Centre from the polling stations and Constituency Tallying Centres, under the guise of verifying. [294] But be that as it may, how spectacularly re-assuring to the Kenyan people would it have been if the 2nd respondent, on that night of August 11 2017, had commenced the declaration of the results, with these words: Presidential  Petition  No.  1  of  2017                                                                                                                                                                                                            123  |  P a g e