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Why Njoki's report on IEBC forms supports the majority judges decision

Supreme Court Judge  Njoki Ndung'u

Some 48 hours after the presidential election petition was filed, the IEBC deposited in the Supreme Court, 1 Form 34C, 291 Forms 34B and 41,451 Forms 34A. There were 41,743 forms in total. A scrutiny of these forms was undertaken by representatives of all parties and in the presence of officials of the Supreme Court led by the Registrar of the Supreme Court.

Following the conclusion of the scrutiny exercise, the Registrar prepared a report that was presented to the judges, and all parties were given an opportunity to address the Court on the report.  According to that report, among other findings, 5 Forms 34B were not signed by Returning Officers. These were the forms for Kisauni, Nyali, Likoni, Mandera South and Isiolo South constituencies.

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