same features were found missing. Counsel further questioned why agents
of both petitioners and 3rd respondent proceeded to sign on the Forms if the
security features were a legal prerequisite yet in some instances they were
missing. He argued in that context that one cannot execute a document and
turn back and say it did not have security features.
[95] On the allegation that legitimate petitioners’ agents were thrown out
of some polling stations, it was the respondents’ case that none of these
claims are substantiated and no particulars whatsoever were provided as
required by law. It was submitted specifically that the allegations made by
one Mr. Wamuru, in his affidavit in support of the petition which were, at
any rate not reported to the police, were of a general nature, false and
mischievous. That the petitioners in any event neither identified the agents
who were allegedly ejected nor the presiding officer(s) who allegedly ejected
them. To the contrary, Immaculate Kassait and Marykaren Kigen deposed
in their affidavits that the petitioners’ agents duly executed Forms 34A in
the identified polling stations signifying the fact that there were no
anomalies detected.
[96] Regarding the petitioners’ alleged constant 11% difference between
the 1st petitioner and the 3rd respondent’s election results, Immaculate
Kassait deposed that the percentage ranged between a low of 9.095 to a
high of 25.573. Hence there was no pre-conceived percentage that was
constant.
[97] On his part, the 3rd respondent, through Counsel Mr. Ngatia,
submitted that there was no pre-convinced formula used in the
Presidential
Petition
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