[375] In the impugned presidential election, one of the most glaring
irregularities that came to the fore was the deployment by the 1st
respondent, of prescribed forms that either lacked or had different security
features. The 1st respondent had submitted by way of affidavit and in open
court that out of abundant caution, it had embedded into the prescribed
Forms, such impenetrable security features that it was nigh impossible for
anyone to tamper with them. The Court was also reminded that this was
done, despite it being not a requirement by the law.
[376] However, the scrutiny ordered and conducted by the Court, brought
to the fore, momentous disclosures. What is this Court for example, to
make of the fact that of the 290 Forms 34B that were used to declare the
final results, 56 of them had no security features? Where had the security
features, touted by the 1st respondent, disappeared to? Could these critical
documents be still considered genuine? If not, then could they have been
forgeries introduced into the vote tabulation process? If so, with what
impact to the “numbers”? If they were forgeries, who introduced them into
the system? If they were genuine, why were they different from the others?
We were disturbed by the fact that after an investment of tax payers money
running into billions of shillings for the printing of election materials, the
Court would be left to ask itself basic fundamental questions regarding the
security of voter tabulation forms.
[377] Form 34C, which was the instrument in which the final result was
recorded and declared to the public, was itself not free from doubts of
authenticity. This Form, as crucial as it was, bore neither a watermark, nor
serial number. It was instead certified as being a true copy of the original.
Presidential
Petition
No.
1
of
2017
163
|
P a g e
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