Of the 4,229 Forms 34A that were scrutinized, many were not stamped, yet
others, were unsigned by the presiding officers, and still many more were
photocopies. 5 of the Forms 34B were not signed by the returning officers.
Why would a returning officer, or for that matter a presiding officer, fail or
neglect to append his signature to a document whose contents, he/she has
generated? Isn’t the appending of a signature to a form bearing the
tabulated results, the last solemn act of assurance to the voter by such
officer, that he stands by the “numbers” on that form?
[378] Where do all these inexplicable irregularities, that go to the very
heart of electoral integrity, leave this election? It is true that where the
quantitative difference in numbers is negligible, the Court, as we were
urged, should not disturb an election. But what if the numbers are
themselves a product, not of the expression of the free and sovereign will of
the people, but of the many unanswered questions with which we are faced?
In such a critical process as the election of the President, isn’t quality just as
important as quantity? In the face of all these troubling questions, would
this Court, even in the absence of a finding of violations of the Constitution
and the law, have confidence to lend legitimacy to this election? Would an
election observer, having given a clean bill of health to this election on the
basis of what he or she saw on the voting day, stand by his or her verdict
when confronted with these imponderables? It is to the Kenyan voter, that
man or woman who wakes up at 3 a.m on voting day, carrying with him or
her the promise of the Constitution, to brave the vicissitudes of nature in
order to cast his/her vote, that we must now leave Judgment.
Presidential
Petition
No.
1
of
2017
164
|
P a g e
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