DIRECTIONS
Having been seized of the 3 petitions challenging the Presidential Election of 2013 and having carefully studied the pleadings therein, the Court hereby makes the following Orders:
[1] There shall be a scrutiny of all Form 34 which were used by the IEBC in tallying the Presidential votes from each of the 33400 polling stations in the country including the form 34 used by IEBC in tallying the Diaspora votes.
[2] The scrutiny shall aim at establishing the number of registered voters, the number of valid votes cast and the number of rejected votes as indicated on each form.
[3] There shall be scrutiny of all Form 36 which were used by IEBC in aggregating the tallies of Presidential votes from all Form 34s.
[4] The scrutiny will aim at establishing the accuracy or otherwise of the total tallies of the Presidential votes as indicated on the Form 34s.
[5] The scrutiny shall also aim at comparing the number of registered voters indicated in form 34 and the number of registered voters on the principal register.
[6] There shall be a re-tallying of the Presidential votes in the following 22 polling stations [list annexed], using Forms 34, 36 and the principal register.
[7] The re-tally shall aim at establishing whether the number of votes cast in each of these 22 polling stations exceeds the number of registered voters as indicated in the principal register.
[8] The principal register that shall be used in this exercise is the external hard drive presented by IEBC in their annexture AIH.9 in the replying affidavit of Ahmed Isaac Hassan.
[9] This exercise shall be carried out on the 26th of March 2013, from 8.00 a.m. at a designated venue. The parties will be notified of the venue by the Registrar.
[10] The results of this exercise shall be filed in the Supreme Court Registry by latest 4.00 p.m. on Wednesday the 27th of March, 2013.
[11] The Petitioner(s) shall each jointly appoint 10 agents to act as observers during the scrutiny exercise as per Orders 1 – 6 above.
[12] The Respondents shall each jointly appoint 10 agents at act as observers during the scrutiny exercise as per Orders 1 – 6 above.
[13] An oath of secrecy and confidentiality shall be administered to each and every one of these designated agents referred to in Order 10 and 11 above, for the purpose of carrying out this exercise. The oath shall be administered by a Registrar of this Court on the 26th March, 2013 at 7.30 a.m. The venue of the oath shall be communicated by the Registrar.
It is so ordered.
DATED and DELIVERED at NAIROBI this 25th day of March, 2013
W.M. MUTUNGA .................................................. CHIEF JUSTICE and PRESIDENT OF THE SUPREME COURT OF THE SUPREME COURT
P.K. TUNOI ................................................. JUSTICE OF THE SUPREME COURT
M.K. IBRAHIM ................................................. JUSTICE OF THE SUPREME COURT
J.B. OJWANG ................................................. JUSTICE OF THE SUPREME COURT
S.C. WANJALA ................................................. JUSTICE OF THE SUPREME COURT
N.S. NDUNGU ................................................. JUSTICE OF THE SUPREME COURT
I certify that this is a true Copy of the original
REGISTRAR
SUPREME COURT OF KENYA