(v)
Errors in the Voting, Counting and Tabulation of
Results
[33] Relying on the affidavit of George Kegoro of 'Kura Yangu Sauti Yangu
initiative’, counsel for the petitioners submitted on the above issues that the
results announced by the Returning Officers were not openly and
accurately collated. They contended that the results tabulated in Forms 34A
differed significantly from those captured in Forms 34B and also those
displayed in the IEBC maintained public portal.
[34] Counsel contended that in numerous instances, IEBC deliberately
inflated votes cast in favour of the 3rd respondent. As a consequence, they
further argued, it is impossible to determine who actually won the
presidential election and/or whether the threshold for winning the election
under the Constitution was met.
[35] On the averments in the affidavits of Mohamud Noor Bare and
Ibrahim Mohamed Ibrahim, it was contended that IEBC illegally and
fraudulently established un-gazetted polling stations in Mandera County
which were manned by un-gazetted and undesignated returning and
presiding officers.
[36] Based on the averments in the affidavits of Dr. Nyangasi Oduwo and
Godfrey Osotsi, the petitioners contended that on the 8th August, 2017, at
around 5.07 p.m, barely 10 minutes after closure of the polling stations,
IEBC started streaming in purported results of the presidential vote
through the IEBC web portal and the media with constant percentages of
54% and 44% being maintained in favour of the 3rd respondent and the 1st
petitioner respectively.
Presidential
Petition
No.
1
of
2017
13
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P a g e