[24] To avoid manipulation and to make the Presidential election results secure, accurate, verifiable, accountable and transparent as required by Article 86 of the Constitution, Raila Odinga further deposed that the Elections Act was amended to add Section 39(1C) which provided for simultaneous electronic transmission of results from the polling stations to the Constituency Tallying Centre (CTC) and the National Tallying Centre (NTC) immediately after the counting process at the polling station. Contrary to this mandatory provision, after polling stations were closed on 8th August, 2017, IEBC inordinately delayed in the transmission of the results. As a matter of fact, on 17th August, 2017, (9 days after the elections) the IEBC’s CEO, Ezra Chiloba, allegedly admitted that IEBC had not received all Forms 34A and 34B. That delay, coupled with the fact that IEBC had ignored advice from the Communication Authority of Kenya (CAK) to host in Kenya its primary and disaster recovery sites but had gone ahead and contracted OP Morpho SAS of France to host it, compromised the security of KIEMS exposing it to unlawful interference and manipulation of results by third parties rendering the 2017 presidential election a sham. [25] Raila Odinga further deposed that contrary to the provisions of Section 44 of the Elections Act which required the technology to be used in the election to be procured and put in place at least 8 months and be tested and deployed at least 60 days before the election, IEBC tested it only 2 days to the elections. That together with the disbandment of the Elections Technology Advisory Committee (ETAC) and IEBC’s unsuccessful attempt to declare Section 39(1C) of the Elections Act unconstitutional through the Presidential  Petition  No.  1  of  2017                                                                                                                                                                                                            10  |  P a g e    

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