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RAILA AMOLO ODINGA & ANOTHER
V.
INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION & 2 OTHERS

(2017) JELR 93554 (SC)

Supreme Court 28 Aug 2017 Kenya
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Case Details

Suit Number:Presidential Petition 1 of 2017
Judges:David Kenani Maraga, Jackton Boma Ojwang, Isaac Lenaola, Mohammed Khadhar Ibrahim, Philomena Mbete Mwilu, Smokin C Wanjala, Susanna Njoki Ndungu
Other Citations:Raila Amolo Odinga & another v. Independent Electoral and Boundaries Commission & 2 others [2017] eKLR

RULING OF THE COURT

A. INTRODUCTION

[1] The present petition was filed on 18th August 2017. At paragraph 27 thereof, the petitioners contend that “upon scrutiny of the total rejected and spoilt votes, this honourable court will confirm that a total of 395,510 votes were unlawfully deducted from the 1st petitioner and added to the 3rd respondent”.

[2] At paragraph 28, they further contend that “the discrepancy in rejected and spoilt votes as shown in the 1st respondent’s forms 34B and its public portal, with the latter showing a significantly higher number”.

[3] At paragraphs 21.2.1 they also claim that the data and information recorded in Forms 34A at the individual polling stations were not accurately and transparently entered into the KIEMS kit at the individual polling stations and specifically that in “more than 10,000 polling stations, the data entered into the KIEMS Kits was not consistent with the information and data from the respective Forms 34A.”

[4] As regards Forms 34B, it is t…

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