presidential election were declared on the basis of the aggregate of Forms
34B which reflected the will of the people.
[92] As regards the contention by the petitioners on lack of security
features on the statutory forms, it was IEBC’s submission that all Forms
34A and 34B issued to presiding and returning officers had serial numbers,
barcodes and the IEBC watermarks. In addition that Forms 34A were
carbonated to ensure that only one Form was filled by the presiding officer
to generate 6 copies. These security features were meant to help
authenticate the results at the polling centres before transmission.
[93] In her affidavit, Ms. Immaculate Kassait added that IEBC developed
standards for its electoral materials prior to their procurement. The
standards included specific security features for each ballot paper and
statutory form in order to prevent duplication, misuse, piracy, fraud,
counterfeiting and to improve controls. She explained that ALL the ballot
papers and statutory forms used in the 8th August 2017 election contained
certain and specific security features. These features included: guilloche
patterns against which all background colours on the declaration forms had
been printed, anti-copy patterns, watermarks, micro text, tapered
serialization, invisible UV printing, polling station data personalization,
self-carbonating element and barcodes. In addition, each ballot paper
included different colour coding of the background.
[94] Mr. Muite SC submitting on behalf of IEBC, urged that in any case,
though there was no legal requirement for the Forms to have security
features and
IEBC only introduced them suo motu out of abundant
caution. That therefore no breach of any law was committed where the
Presidential
Petition
No.
1
of
2017
37
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