30 Jul 2014 in National Assembly:
(i) The election was not conducted substantially in accordance with the Constitution or the Elections Act and the governing regulations. In particular, the IEBC failed to establish and maintain an accurate voter register that was publicly available, verifiable and credible as required by Articles 38(3), 81(d), 83(2), 86 and 88(4) of the Constitution and Sections 3,4,5,6,7 and 8 of the Elections Act 2011 and the Elections Registration of Voters Regulations 2012. We found that, as invited by the Petitioner to rely on the documents in support of this ground, had a similarity with his own grounds and the supporting facts. ...
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30 Jul 2014 in National Assembly:
mandatory legal requirements to electronically transmit elections results and this affected the validity of the presidential elections. Again, one of the reasons and facts that the Petitioner was relying on is that all the presidential results were not transmitted electronically as required and, therefore, the commissioners were incompetent. The IEBC did not discharge their obligation under the Constitution because the tallying and verification of the results did not happen at the polling stations. There was no electronic transmission of results and party agents were ejected from the National Tallying Center. That is one of the grounds that the Petitioner sought ...
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30 Jul 2014 in National Assembly:
Finally, on Petition No.4, the Petitioner said that the Independent Electoral and Boundaries Commission (IEBC) violated the Constitution and the Public Procurement and Disposal Act, CAP412(c) of the laws of Kenya by awarding the tender to an unqualified bidder who then supplied devices that did not work properly or simply failed on election day. Again, this is one of the strong points that the Petitioner sought to rely on. That is a matter that was also canvassed at the Supreme Court.
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30 Jul 2014 in National Assembly:
Hon. Deputy Speaker, on Petition No.5, 2013, on 16th March, 2013, hon. Raila Odinga filed a Petition against IEBC, Mr. Isaac Hassan, hon. Uhuru Kenyatta and hon. William Ruto. The Petitioner averred that:-
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30 Jul 2014 in National Assembly:
(1) The electoral process was so fundamentally flawed that it precluded the possibility of deciding whether the presidential results declared were lawful.
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30 Jul 2014 in National Assembly:
(2) The IEBC official tally of registered voters changed several times. This resulted in the final total number of registered voters differing materially from what was in the principal register. Again, that was a ground that the petitioner sought to rely on. That is a matter that was also canvassed at the Supreme Court.
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30 Jul 2014 in National Assembly:
(3) The IEBC failed to carry out transparent, verifiable, accurate and accountable elections as required by Articles 81, 83 and 88 of the Constitution. Again, you will notice that, that is what the Petitioner sought also to rely on.
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30 Jul 2014 in National Assembly:
(4) Several anomalies occurred in the process of manual tallying such as the votes cast in several polling stations exceeding the number of registered voters, differences between results posted and the results released by the IEBC, the use of unsigned Form 36 to declare the results and the electronic systems acquired and adopted by the IEBC to facilitate the general elections were poorly designed, implemented and destined to fail. Due to the failure of the system, the IEBC was unable to transmit the results of the elections in contravention of Regulation 82 of the Elections Act, 2012. Again, the petitioner ...
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30 Jul 2014 in National Assembly:
Hon. Deputy Speaker, the Supreme Court, in considering all those, gave us the ruling or the order which is annexed to the Report. I am not going to read out everything. I will only read out that which is relevant to all that which has been quoted. This is the The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
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30 Jul 2014 in National Assembly:
ruling in the consolidated Petition Nos.3, 4 and 5 of 2013. The Order of the Court was as follows: “This represented the unanimous decision of the Supreme Court. It stated:-
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