34C to exclude the Form 34A tally and only include the Forms 34B tally; of
introducing the language of “statistics” as opposed to “results”; that all
these actions, were necessitated, nay, required by the decision of the Court
of Appeal in the Maina Kiai decision.
[259] We were at pains to understand how the Court of Appeal decision in
that case, could have provided a judicial justification for the conduct of the
1stand 2nd respondents. The Attorney General, appearing as amicus curiae,
having been so admitted, and despite having been clearly restrained from
submitting on the so called impact of the Maina Kiai decision, also
appeared to suggest, in his closing remarks that somehow, the Appellate
Court’s decision in that case, had changed the landscape of the conduct of
elections in the Country.
[260] In the above context, we reiterate that the main questions that this
Court has to grapple with at this stage are:
(a)
Whether the 2nd respondent declared the results of the
presidential election before he had received all the
results tabulated on Forms 34A from all the polling
stations.
(b)
Whether all the Forms 34A had been electronically
transmitted from the polling stations to the National
Tallying Centre.
Presidential
Petition
No.
1
of
2017
108
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P a g e