The Supreme Court on ,Wednesday 20th September, read out a substantial part of its full verdict on the August 8 presidential election petition.
In his opening remarks, Chief Justice David Maraga said the five judges would only read out the main parts of their judgment to which lawyers representing all the parties in the petition agreed.
While reading her full judgement,Deputy CJ Philomena Mwilu noted that the 1st respondent’s ( IEBC) conduct of the presidential election was fundamentally flawed.
She said that IEBC CEO Ezra Chiloba (pictured above) is on record admitting that as at 17th August 2017,seven days after the close of the polling,IEBC was unable to provide all Forms 24A and 34Bs to the petitioner (Raila Odinga in this case).
Bearing in mind that the mischief was sought to be cured by the prompt electronic transmission of result,the unreasonable delay of the electronic transmission of the results as required by section 39 1(c) of the elections act,grossly affected the integrity,credibility and validity of the results used by IEBC to declare the President.
On this basis,Judge Mwilu raised a number of questions;
a) Why was IEBC unable to immediately supply the petitoner’s agents with all the forms of Form 34Bs upon declaration of the results if as it was submitted the said results were based on the same?and all of which were said to have been availed?
b) Why was the IEBC unable to supply all the Forms 34As said to be around eleven thousand to the petitioner as at 14th August 2017,four days after the declaration of the results?
c) Were all the scanned copies of Forms 34A electronically transmitted to the national tallying center simultaneously with those transmitted to the constituency tallying center in accordance with section 39 1(c) of the elections act?
-If so why was it impossible for the IEBC to avail those copies to the petitioners?If so why were they not transmitted in the manner required by the law?
CEO Chiloba is expected to address these damning questions in the coming days.
Here is part of the Video,courtesy of KTN News;