(ii)
Failure in the process of relay and transmission of
results
[57] The respondents submitted that, contrary to the allegations of the
petitioners, the process of relay and transmission of results from the polling
stations to the CTC and to the NTC, and from the CTC to the NTC was
simple, accurate, verifiable, secure, accountable, transparent, open and
prompt as required by Article 81 (e) (iv) and (v) of the Constitution. They
also urged that the transmission of results was in strict accord with Section
39(1C) of the Elections Act and in conformity with the Maina Kiai case.
[58] It was also submitted that the completion of the transmission of the
image of Forms 34A was dependent on the availability of 3G or 4G network
coverage. Hence, in respect of areas lacking 3G or 4G network coverage,
there were established alternative mechanisms to ensure completion in
transmission of the image of the Form 34A.
[59] The 1st respondent relied on the affidavit of James Muhati who
averred that following a mapping exercise carried out by the Commission
and analysis by Mobile Network Operators (MNOs) it was ascertained that
about 11,155 polling stations within the country were not effectively covered
by either 3G or 4G network and this communication was sent out to the
public vide a notice dated 6th August, 2017. He stated that it thus became
necessary to instruct presiding officers to ensure that they move to points
where there was network coverage or in the alternative to constituency
tallying centres in order to transmit results. He further stated that the
Commission was nevertheless able to avail all Forms 34A in the public
portal by the date of declaration of results.
Presidential
Petition
No.
1
of
2017
23
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