Presidential Election Petition: Judges questions to petitioners

Isaac Lenaola

• You addressed us on the PDF formats but in the pleadings, there is the JPEG question. Clarify the connection.
• In the context of staging and tampering and so on of forms 34A. Give us an explanation of how the interference happened.
• Commissioners were together until the 11^th hour. What evidence do we have this was not an afterthought and that they are not doing this in good faith?
• What role did violence play at Bomas because we have the evidence of the chairman and a commissioner saying they could not do this or that because of violence.
• You have asked us to declare regulation 87(3) unconstitutional. Please address that issue in the context of retractivity and retrospectivity.
• You made an innovative submission regarding the diaspora vote and the number of constituencies. Please go back to article 89 (1). We are addressing a vote on the presidential election. Please connect 89(1) with the presidential election.
• If we were to order the removal of Chebukati, will the commission still be intact without a chairman?

Smokin wanjala

• What is the relevance of the percentage of voter turnout to determining whether a candidate marshalled 50 per cent plus 1 marginal number?
• We have filled forms 34A. the original leaves the polling station to go to the National tally centre by road. Its image leaves to the same destination by air. Somewhere mid-air, all sorts of things are done before the image is uploaded. Is it possible that capturing mid-air also changes the contents of that which left by road?
• We were told the four commissioners were appointed roles which were different from those they were appointed for as commissioners. Why didn't they protest? Is this chairperson we are dealing with such a terror that nobody can face him?

Philemona Mwilu

• When did this commission become this dysfunctional? What was the effect of this function becoming dysfunctional and what correct measures were attempted, if any, and with what result?
• Maina Kiai told us the election is done at the polling station and not at the tallying centre and the return of that form done electronically. At the time the image is taken and sent, is it in pdf form? The journey from the polling station to Bomas and the things that happen in between must be described by that form.
• What is to be done as a corrective measure against the chair of this dysfunctional commission and is it to ignore the constitutional procedure and safeguards that are already in place?
• What I have heard is that because of the dysfunctionality of the commission and other things is that nearly everything that could possibly go wrong went wrong. If every process is so far being impuned, are we nevertheless to declare the winner?

Martha Koome

• You have asked us to find the chair culpable of various breaches and that if there is a repeat election he shouldn't do it. This is a constitutional office holder and there is a detailed procedure for removing a constitutional office holder. Address us on how to go about it. Will we be making an order that is against the constitution?
• Will we not be usurping the powers of the magistrates if we have to make any order regarding the election offences?
• I want to understand at what point the commission ceased to function as a corporate entity. Is it when the 27 constituencies were not announced? We really want to know when the commission became dysfunctional
• How do you know that IEBC did not make arrangements for a certain category of voters to vote for example the IEBC staff? this seems quite subjective.