The Kenyan High courts have been kept busy over the past couple of weeks. This is following the myriad of poll petitions filed by politicians challenging the outcome of their respective electoral posts. However, of the 35 cases filed, only three gubernatorial elections have been nullified. Furthermore, cases challenging election of 15 senators have been dismissed.
These statistics are but a show of how defective most of the cases were due to lack of enough evidence to prove claims of rigging. This is because majority of the dismissed poll petitions were dependent on electronic result transmission failures. This only worsened the situation since the electronic results had no effect on the outcome. Therefore, that coupled with claims without substantial proof only served to work against the petitioner.
On the other hand, nullification of some of the elections has exposed the tactics used by politicians to rig the August 8 General Election. Cases of “strange” ballot papers, conflicting figures in result forms, tallying of votes from non-existent polling stations and omission of results from some stations are what got some of the elected politicians dethroned.
Similarly, the IEBC’s competence is also in question after the court findings reveal collusion between its officers and candidates in some of the elections. For example in the Embu gubernatorial election, there were about 566 unaccounted for ballot papers. Of these, 111 ballots did not come from IEBC ballot booklets. This is while another 4,000 votes had their counterfoils missing.