(d) an accountable election, whose polling station, constituency and national tallies together with the ballot papers used in it are capable of being audited; and (e) a transparent election whose polling, counting and tallying processes as well as the announcement of results are open to observation by and copies of election documents easily accessible to the polling agents, election observers, stakeholders and the public and, as required by law, a prompt publication of the polling results forms is made on the public portal. [283] Verifiability must have had strong significance in the 8th August election, because the presiding officers were required to verify the polling station’s results in the presence of polling agents before sending them to the CTC and NTC using the KIEMS KIT. The Maina Kiai decision, made it clear that Form 34A being the primary document, becomes the basis for all subsequent verifications. [284] We have already addressed the import of the refusal to obey a Court Order and we further note that the whole exercise of limited access to the 1st respondent’s IT system was meant to conform and verify both the efficiency of the technology and also verify the authenticity of the transmissions allegedly made to the CTC and NTC. Non-compliance and failure, refusal or denial by IEBC to do as ordered, must be held against it. Presidential  Petition  No.  1  of  2017                                                                                                                                                                                                            120  |  P a g e