[368] As for Forms 34A, the sampled 4,299 forms reveal that 481 of them
were carbon copies, 269 were not stamped while 257 of the carbon copies
were not stamped. 11 forms had no water mark while 46 of the photocopies
were not signed. 58 forms were not stamped. Considering the sample size,
it is apparent that the discrepancies were widespread. Did these
discrepancies affect the integrity of the elections?
(iii)
The
impact
of
the
irregularities
on
the
integrity of the election
[369] Counsel for the respondents urged the Court to dismiss the petition,
as this would preserve the will of the people who turned out in large
numbers to vote for their preferred candidates. Our attention in that regard
was drawn to the provisions of Article 38 of the Constitution, which is the
embodiment of the political rights of the citizen. It was variously submitted
that elections are about numbers and that they are about who gets the
largest number of votes. Such irregularities as complained of by the
petitioners, counsel submitted, could not in themselves overturn the
sovereign will of the people. Further, if the quantitative discrepancies are so
negligible (in this case, allegedly slightly over 20,000 votes), they should
not affect the election; for in the words of one of the Prof. P.L.O Lumumba,
Counsel for the 2nd respondent, “of small things, the law has no remedy”.
[370] On the other hand, Counsel for the petitioners urged the Court to
look at the elections as a whole, as a process rather than an event. To look
at, not just the numbers, but the entire conduct of the election. Mr.
Presidential
Petition
No.
1
of
2017
160
|
P a g e
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