Tallying Center (NTC). According to them, this failure was deliberate,
systemic and systematic.
[219] The petitioners add that IEBC’s Secretary and CEO, Ezra Chiloba, is
on record as admitting that as at 17th August, 2017 (over 9 days after close
of polling) the IEBC was yet to provide all Forms 34A and Forms 34B to the
petitioners. And that bearing in mind the mischief sought to be cured by
the prompt electronic transmission of results and the constitutional
obligation of secure, accurate, verifiable, accountable and efficient
elections, the unreasonable delay in the electronic transmission of the
results, if at all, as required by Section 39(1C) of the Elections Act, grossly
affected the integrity, credibility and validity of the results purportedly
declared by the IEBC, so the petitioners contended.
[220] In response, the 1st and 2nd respondents submitted that upon
completion of counting of votes, the presiding officers would, using the
KIEMS, take an image of Form 34A, manually enter into the KIEMS the
results of each candidate and then simultaneously transmit the image and
the results directly to the NTC and the CTC.
[221] The 1st and 2nd respondents’ case as contained in James Muhati’s
affidavit is also that, the transmission of results required 3G and 4G mobile
network which was provided by three Mobile Network Operators (MNOs),
Safaricom, Airtel and Telkom Orange. That following a mapping exercise
carried out by the 1st respondent and analysis by the MNOs (he does not say
when this was done), it was ascertained that about 11,155 polling stations
within the country were not effectively covered by either 3G or 4G network.
In that regard, it was their case that the presiding officers in such affected
polling stations would then be required to move to points with network
Presidential
Petition
No.
1
of
2017
91
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P a g e