(i)
Whether the 2017 Presidential Election was conducted in
accordance with the principles laid down in the
Constitution and the written law relating to elections
[214] In paragraphs 12 and 13 of the petition, the petitioners allege that in
the conduct of the presidential election, IEBC became “a law and
institution unto itself’ and so flagrantly flouted the Constitution and the
written election law on elections that in the end it completely subverted the
will of the electorate. In particular, the petitioners urge that the 1st
respondent violated the constitutional principles set out in Articles 81 and
86 by failing to ensure that the conduct of the elections was simple,
accurate, transparent, verifiable, secure and accountable.
[215] In support of their case, the petitioners filed several affidavits setting
out what, in their view, were egregious irregularities and illegalities, which,
taken together, establish an impregnable case on both limbs of the section
to wit: non-compliance with constitutional principles and the written law
on election, as well as commission of irregularities which affected the
results of the elections. We shall address other illegalities and irregularities
later but for now we shall limit ourselves to the question of transmission of
results and transmission of unverified results.
[216] The petitioners’
major complaint in this matter relates to the
transmission of the election results. Ole Kina, Godfrey Osotsi and Olga
Karani, who were NASA’s agents at the National Tallying Centre at Bomas
of Kenya, deposed that hardly 10 minutes after polling closed at 5.00 pm on
8th August, 2017, the presidential results started streaming in and were
Presidential
Petition
No.
1
of
2017
89
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