hence the authenticity of the results as announced in Form 34C could not
be guaranteed.
[352] Counsel further contended that in totality, the number of votes
affected in more than 90 Constituencies as a consequence of these
irregularities could be as high as five million. Counsel submitted that the
random sampling of the Forms 34A depicts numerous irregularities. He
argued that some of the forms used were not standardized forms and were
not prepared in accordance with the agreement between the 1st and 2nd
respondents and the printer. Counsel thus urged the Court to find that the
forms did not comply with the statutory forms as required by law.
[353]
In response, the respondents were categorical that most of the
forms met all the standard required features. They stated that the
petitioners had failed to demonstrate that any of the figures in the forms
were inconsistent with what was announced. Further, that the format of the
forms was undisturbed.
[354] Mr. Muite, SC for the 1st respondent further contended that the only
requirement under Regulations 79 (2) (a) and 83 (a) is for the signing of the
forms and that there was no requirement for security features. Asked by
the Court to explain why some forms bore security features if it was not a
requirement of the law, Mr. Muite responded that it was out of ‘abundance
of caution’ on the part of the 1st respondent that it did so. Counsel could
however not explain why some forms bore security features while others
didn’t if indeed they were printed by the same entity.
[355] Counsel also argued that there were only 5 Forms 34B that had not
been signed by the returning officers but that the 5 had serial numbers as
Presidential
Petition
No.
1
of
2017
152
|
P a g e
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