[37] The petitioners also argued that a whooping 14,078 Forms supplied by
IEBC had fatal and irredeemable irregularities and that some Forms 34A
and 34B lacked the names of Returning Officers; some lacked the IEBC
authentication stamp; some were not signed by the candidates’ agents and
no reasons were given for that failure; different polling stations bore the
name of the same person as the presiding officer; several Forms 34A were
altered and tampered with; the number of Forms 34A handed over was not
clear; several Forms 34As were signed by un-gazetted presiding officers;
some forms were illegible; the handwriting and signatures on Forms 34A
appeared made up; some Forms 34A were filled in the same handwriting;
and some Forms 34A did not relate to any of the existing gazetted polling
stations/tallying centres; and contrary to Regulations 79(2)(a) and 87(1)(a),
IEBC used different Forms 34A and 34B at some polling stations and
constituency tallying centres.
[38] On the further averments of Dr. Nyangasi Oduwo, the petitioners also
contended that upon examining about 5000 Forms 34A, serious
discrepancies were noted between the figures on Forms 34A given to the
petitioners’ agents at various polling stations and those posted on IEBC’s
website and a number of Forms 34B uploaded on to the IEBC’s website
were incomplete. Dr. Nyangasi also deposed that from the records he
examined, while 15,558,038 people voted for the presidential candidate,
15,098,646 voted for gubernatorial candidates and 15,008,818 voted for
MPs raising questions as to the validity of the extra votes in the presidential
election.
[39] The petitioners submitted that at the time of declaration of results,
IEBC publicly admitted that it had not received results from 11,883 polling
Presidential
Petition
No.
1
of
2017
14
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P a g e