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What has been addressed in the Supreme Court so far

Chief Justice Martha Koome is currently reading the verdict of the court, while addressing the nine issues to be decided upon in a blow-by-blow account.

Here’s what has been addressed so far:

1. On technology deployed – “We are not persuaded that the standards of IEBC’s technology failed the test. Whereas it is true that Kiems kit failed in 235 polling stations, 86889 voters were granted the right to vote manually and the requisite forms 32A were successfully filled. While the audit report was released to public 7 days before election, the voter register was used without any apparent anomalies,” CJ Koome has said.

2. On whether there was interference in transmission of forms from polling stations to the National Tallying Centre: “No credible evidence meeting standard of proof was adduced by petitioners. Scrutiny report did not reveal any security breaches of the IEBC systems,” CJ Koome said while reading the verdict.

3. On whether Forms 34A were tampered with: “This court ordered scrutiny of the 41 forms (34A) outlined. There were no significant differences found between forms uploaded on the IEBC portal and forms delivered to Bomas. No credible evidence was given to show forms given to agents were different.”

4. CJ Koome says petitioners did not table any credible evidence of hacking of IEBC systems; adds scrutiny report also did not reveal any breaches. Affidavits filed in court must only deal with facts… swearing to falsehoods is a criminal offence, CJ Martha Koome says as she mentions John Githongo and Julie Soweto’s presentations in court.

5. On Whether there were unexplainable discrepancies between the votes cast for presidential candidates and other elective positions. CJ Martha Koome said: “There were no unexplained significant discrepancies; no ballot stuffing was proven.”

6. “The power to verify and tally presidential election results vests not in the IEBC chairperson but the commission… however the 4 commissioners actively participated in the verification and tallying process,” CJ Martha Koome

More to follow.

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