computation of the results, but that the results were streaming in, in a
manner peculiar to the respective polling stations. He urged therefore that
if at all there was any problem in the transmission, the fall back was
available and includes a physical examination of all Forms 34A.
[98] In summation, the 1st and 2nd respondents contended that if indeed
there were any irregularities as alleged, the same were administrative,
human, clerical, transcription, transposition, computation, data input,
mathematical and erroneous recording errors which would not in any way
affect the results. In this regard, they relied on the affidavits sworn by
Rebeccah Abwaku, Samson Ojiem, Manco Mark Gikaro, David Kipkemoi,
Julius Meja Okeyo, Moses Nyongesa Simiyu and Gilbert Kipchirchir. These
were presiding and returning officers who deponed to having committed
these minor administrative irregularities due to fatigue and inadvertence.
They urged that the said irregularities were not pre-meditated and should
be excused.
[99] In reply to the depositions made by Ms. Olga Karani in her affidavit,
Winnie Guchu deposed that they are of such a generalized nature that it is
impossible to respond to them with any specificity. She stated for example
that the IEBC Commissioners alleged to have committed improprieties and
illegalities are not identified and neither are the presiding officers named
said to have done the same nor their polling stations identified.
Furthermore, she stated that Ms. Karani did not state what occurrences and
events happened in Migori, Homabay and Kisumu County that would have
affected the integrity of the impugned election. Moreover, she did not state
the names of persons missing from the voters register. Further, she
Presidential
Petition
No.
1
of
2017
39
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