well as watermarks. Counsel further argued that the petitioner did not
challenge the numbers of the votes and had not alleged that any of the
figures contained in the forms was incorrect. Counsel thus submitted that
the results as announced captured and represented the will of the Kenyan
people and urged the Court to dismiss this petition.
[356] A number of conclusions/observations may be made from this
exercise: Firstly, the Form 34C, that was availed for scrutiny was not
original. Whereas the copy availed for scrutiny was certified as a copy
original, no explanation was forthcoming to account for the whereabouts of
the original Form.
[357] Regulation 87(3) obligates the 2nd respondent to tally and complete
Form 34C and to sign and date the forms and make available a copy to any
candidate or chief agent present. This regulation presupposes that the
Chairman retains the original. The Court is mindful that the 2nd respondent
was required to avail the original Form 34C for purposes of access and to
this extent the 2nd respondent did not.
[358] Secondly, turning to the Forms 34B, the Court notes that whereas
the Registrar received 291 forms representing 290 Constituencies and the
diaspora, it was explained that the results relating to prisons were collated
alongside those of their respective Counties as the prisons fall within
Constituencies where they are located. This was also noted by the Registrar
of this Court in her report.
[359] The Court notes further that from the report on Forms 34B, the
Registrar outrightly made an observation that some of the forms were
Presidential
Petition
No.
1
of
2017
153
|
P a g e
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