IEBC explains how Uhuru beat Raila in August 8 polls
SEE ALSO :MPs plot how they will keep their jobsSenior Counsel Paul Muite led IEBC’s counter-argument, saying the August 8 election was free and fair, and expressed the will of the people. “No one raised any issue on the tallying process. The final result is a reflection of what Kenyans wanted,” he argued. The IEBC did however admit that the figures and forms ought to have been sent simultaneously. Lawyer Paul Nyamodi said pictures of forms 34A and 34B from the kits were the valid results. On transmission, he argued IEBC had the option of using either a purely electronic system or delivering the results manually. “Elections in Kenya are not purely electronic. Results are delivered either electronically or manually,” the court heard.
SEE ALSO :27 constituencies could be scrappedMr Nyamodi argued that IEBC Chairman Wafula Chebukati never altered anything he got from the constituencies. He explained that what was aired on television was meant to keep the public in the know about the progress of the process. “That is the journey of the result,” he said. “Those figures were not provisional results.” He explained that the Court of Appeal had ruled that the final word was to be at the constituency level, not at the National Tallying Centre. “A true reading of the decision is that the soft document that the second respondent used to declare the winner is Form 34B,” he explained. “Provisional results were done away with. That court took away the ability to render any result as provisional.” He argued that the impact of the decision by the second highest court in the land was also translated to Form 34C, which was previously a collation of forms 34A. Instead, the form contains forms 34B.
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