[263] Clearly, with this provision in mind, the Court of Appeal in Maina
Kiai decision, was categorical as it rendered itself thus:
“We are satisfied that with this elaborate
system, the electronic transmission of the
already tabulated results from the polling
stations, contained in the prescribed forms, is a
critical way of safeguarding the accuracy of the
outcome of elections, and do not see how the
appellant or any of its officers (read 1st
respondent) can vary or even purport to verify
those results…”
Further, the Court of Appeal stated thus:
“The appellant, as opposed to its chairperson,
upon receipt of prescribed forms containing
tabulated results for election of president
electronically transmitted to it from the near
40,000 polling stations, is required to tally and
“verify” the results…”
[264] The appellate Court had earlier made a pronouncement with which
we are in total agreement, to the effect that:
“It is clear …that the polling station is the true locus for the
free exercise of the voters’ will. The counting of the votes as
elaborately set out in the Act and the Regulations, with its
open, transparent and participatory character using the
ballot as the primary material, means, as it must, that the
count there is clothed with a finality not to be exposed to
any risk of variation or subversion.”
[265] Given this very clear elucidation of the law regarding the imperative
for electronic transmission of results from the polling station to the NTC,
how could the Court of Appeals’ decision in Maina Kiai have provided a
Presidential
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