stations and 17 constituency tallying centres. In its letter of 15th August
2017, IEBC also admitted that it had not received authentic Forms 34A
from 5,015 polling stations representing 3.5 million votes. Lastly, the
petitioners claimed they had knowledge that more than 10, 000 Forms 34A
were not available at the time of declaration of the results and that they
were being scanned at Bomas and Anniversary Towers even during the
pendency of this petition.
(vi)
Unprecedented
and
Contradictory
Quantity
of
Rejected Votes
[40] The petitioners took issue with the large number of rejected votes
accounting for at least 2.6% of the total votes cast arguing that that has an
effect on the final results and the outcome of the presidential election. In
this regard, the petitioners urged the Court to reconsider its finding on
rejected votes in Raila Odinga & 5 Others v. Independent Electoral
and Boundaries Commission & 3 Others7 and hold that rejected
votes should be taken into account in the computation to determine the
threshold under Article 138(4) of the Constitution.
[41] The First Interested Party, Dr. Ekuru Aukot, buttressed the
petitioners’ case. He submitted that the massive non-compliance with the
law by IEBC’s officials constitute grounds for nullifying the presidential
election. He produced a report compiled by his party’s Chairman, Mr.
Miruru Waweru on the irregularities committed by IEBC. Some of the
alleged irregularities contained in the report included different Forms 34B
Raila Odinga & 5 Others v. Independent Electoral and Boundaries Commission & 3 Others, Petition No.
5 of 2013; [2013] eKLR.
7
Presidential
Petition
No.
1
of
2017
15
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P a g e