disputed Ms. Karani’s testimony that as at 10th August, 2017, very few
Forms 34A were available. On the contrary, the deponent stated that as at
midnight on 9th August, 2017, the information availed to political parties
through the IEBC Application Program Interface showed that 39,426
Forms 34A results had been received.
[100] In a nutshell, the respondents submitted that the petition is devoid
of merit and should be dismissed with costs.
F.
AMICI SUBMISSIONS
(i)
Attorney-General
[101] The Attorney General was enjoined in this petition as the 1st amicus
curiae. In his amicus brief he delineated the following questions for
submission:
(i)
What is the proper constitutional and legal standard
applicable to the conduct of presidential elections in
Kenya as envisaged under both Articles 81 and 86 of the
Constitution?
(ii)
What were the changes to the elections infrastructure
post 2013 and their effect on the conduct of presidential
elections: to wit, the Elections Laws (Amendment) Act
No. 36 of 2016 and Elections Laws (Amendment) Law
No. 1 of 2017?
Presidential
Petition
No.
1
of
2017
40
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