verification process, the applicant’s election agents, election agents for other
presidential candidates as well as election observers had full access to the original
V11s and V23s with respect to the presidential election from which they could make
notes as they required.
32. Ad Para 5.2
This is denied.
32.1. Transmission of results from polling stations, wards and constituencies is
done manually. This is consistent with the provisions of s64(2) of the Electoral
Act. The Electoral Commission had no server set up at the national command
centre or anywhere else, on which results were sent and stored in real time as
the applicant suggests.
32.2. His suggestion is also curious as it comes immediately after he avers that for
close to two days the Electoral Commission’s staff were busy manually entering
data from original V11 forms onto an excel spreadsheet.
32.3. As he has alleged the existence of a server, it is incumbent upon the applicant
to prove his allegation. Again, he places no evidence before the court in respect
of this issue.
33. Ad Para 5.3- 5.4
This is denied.
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