Act. Counsel also argued that any non-compliance with the law ought not to
invalidate the election if the Court is satisfied that the election was
substantially conducted in accordance with the principles laid down in the
Constitution.
(viii) Alleged Specific Irregularities
[87] IEBC refuted the petitioners’ claim that it established secret and ungazetted polling stations. It contended in that regard that pursuant to
Regulation 7 (1)(c) of the Election (General) Regulations 2012, it published
in Gazette Notice Number 6396 of 26th June, 2017 specifying the polling
stations established in each constituency. The claim that results from any
un-gazetted polling station were included in the final tally are therefore
baseless, it submitted.
[88] IEBC also stated that all Forms 34B were executed by duly gazetted
and accredited constituency returning officers in accordance with the
applicable Regulations. It contended in that context that it complied with
the requirements of Regulation 5 of the Election (General) Regulations,
2012 and provided a list of persons proposed for appointment as presiding
officers to political parties through the office of the Registrar of Political
Parties. It is therefore not correct that a significant number of returns were
signed by strangers, so it submitted.
[89] It is furthermore the respondents’ case that all Forms 34A and 34B
were signed and/or stamped as required under the law. They thus denied
that a number of Forms 34B did not indicate the names of the returning
officers and a number did not bear IEBC’s stamp or authentication stamp
Presidential
Petition
No.
1
of
2017
35
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