Deputy Chief Justice Philomena Mwilu while reading the judgement said that the judges are of the view that the IEBC and third respondents ignored the fact that elections are not events but a process.Justice Mwilu said that even in a mathematical classes we were taught that to arrive at a solution you have to go through a computational process to arrive at a solutions. She said that even the IEBC Manual prescribes the election as a process and not an event.
The Supreme court said that the refusal by IEBC to obey a court order to scrutinize the servers, raised questions as it was the golden chance for IEBC to disprove the petitioners claims of hacking but the court had no option but to agree with the petitioners that the 1st respondent had something to hide.
The court also said that the IEBC lawyer Nyamodi misled the court in his submissions.
Justice Philomena also said that the question as to why there were extra votes cast in the presidential elections were more than those cast in the gubernatorial and other seats was unsatisfactory.
The Supreme Court Agrees that no election is perfect but it cannot ignore the errors that occurred.
The first respondent failed or neglected to transmit the presidential election in accordance to the prescribed law.
The court agrees that there is no evidence that show that the law was not followed in registration, identification and manual verification of voters. The voters came out in large numbers queued and voted but the events after were opaque in nature.
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