[29] The petitioners also submitted that given the unprecedented case of
varying
results
in
the
IEBC’s
portal
and
Form
34B
provided;
inconsistencies between the results displayed and those in the Forms 34A
and 34B, the electronic system of transmission was compromised by third
parties who manipulated it and generated numbers for transmission to the
NTC.
[30] Counsel for the petitioners cited the cases of William Kabogo
Gitau v. George Thuo & 2 Others5 and Benard Shinali Masaka v.
Boni Khalwale & 2 Others6 and urged the Court to look at the entire
electoral processes rather than results alone as contended by their
counterparts.
[31] In the petitioners’ view, all these violations of the law fundamentally
compromised the credibility of the presidential election and this Court has
no choice but to annul it.
(iv)
Substantive
Non-compliance,
Irregularities
and
Improprieties that Affected Results
[32] It was the petitioners’ case that the election was so badly conducted
and marred with irregularities that it does not matter who won or was
declared winner. The irregularities committed significantly affected the
results to the extent that IEBC cannot accurately and verifiably determine
what results any of the candidates got, so the petitioners contended.
5
6
William Kabogo Gitau v. George Thuo & 2 Others; Civil Appeal No. 126 of 2008; [2009] eKLR.
Benard Shinali Masaka v. Boni Khalwale & 2 Others, Election Petition No. of 2008; [2011] eKLR.
Presidential
Petition
No.
1
of
2017
12
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