Elections Observation Group (ELOG), a local observer group, which
deployed one of the largest observer delegates, the petitioners had very
good representation of agents, and even where agents failed to sign the
prescribed Forms, that does not on itself invalidate the results as provided
for under Regulations 62(3) and 79(6) of the Elections (General)
Regulations, 2012.
(vi) Unprecedented and contradictory quantity of rejected
votes
[78] According to the 1st and 2nd respondents, the rejected votes did not
account for 2.6% of the total votes cast as contended by the Petitioners.
They submitted instead that the total number of rejected ballots was 81,685
as declared in Form34C, a percentage of 0.54% of the votes cast. They thus
urged that the rejected ballots were properly excluded from valid votes in
accordance with the law and this Court’s decision in the 2013 Raila
Odinga case. They therefore reiterated that the figures on the public
portal and media were not results but statistics hence cannot be taken as
proof of rejected votes. Mr. Chiloba further deposed that any variance
between the actual number of rejected votes on Form 34C and the public
portal were as a result of human error and did not affect significantly the
outcome of the election.
[79] In response to the petitioners’ contention that the Supreme Court
ought to re-visit its decision in the 2013 Raila Odinga case on rejected
votes, the 1st and 2nd respondents submitted that in arriving at that
decision, the Court considered the relevant provisions of the Constitution,
Presidential
Petition
No.
1
of
2017
31
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