Commission developed and implemented a policy to regulate the progressive use of technology in the process as required by Section 44(2) of the Election Act. Secondly, prior to deployment of KIEMS, the Commission undertook a series of tests including a public test carried out on 9th June 2017, (60 days before the elections) and a simulation done on 2nd August 2017. Lastly, as part of preparations for the deployment and use of ICT in the elections, the Commission developed a robust training manual and schedule aimed at building capacity and competence of all its staff members which included training of candidates’ agents on the KIEMS systems. [68] Replying to the petitioners’ allegations, which she termed mischievous that the results started streaming in at 5.07 pm, very soon after the closure of polling stations, Immaculate Kassait deposed that in polling stations such as Boyani Primary School, Tsimba Golini Ward, Matuga Constituency, Arabrow, Benanre Ward, Wajir South Constituency, Ya Algana Dukana Ward, North Horr Constituency and Lowangina Primary School, Muthara Ward, Tigania East Constituency among others, with between 1-10 registered voters, it was possible to count and tally votes within a short period of time after closure of polling. [69] Equally the 3rd respondent, through the affidavit of Davis Chirchir, submitted that the posting of results as above was not irregular and gave the example of polling stations within Narok Main Prison where results were transmitted between the hours of 5.08p.m, 5.09p.m, 5.12p.m and 5.14pm. Counsel for the 3rd Respondent, Mr. Ngatia contended in that Presidential  Petition  No.  1  of  2017                                                                                                                                                                                                            27  |  P a g e