The court indicted the IEBC for irregularities by not ensuring that the results forms were standardised, signed, stamped and had security features.

But in a dramatic development, Lady Justice Njoki Ndungu, in a lengthy dissenting judgment, systematically disproved the basis of her colleague’s case, saying that she had personally examined all the forms said not to have been signed and found them signed, those said not to have serial numbers actually had them and that all those complained of were properly compliant.

This raises serious questions about the management of evidence and verification of facts by judges and court staff.

“Elections belong to everybody, and it is everyone’s responsibility to protect them,” she ruled.

On the electronic transmission of results, she disagreed with the majority decision that IEBC disobeyed the court’s order to provide access to ICT logs and servers.

The judges had found that the commission’s failure to open itself up for scrutiny was proof that it was hiding something.

But Justice Ndung’u said the court’s orders were very clear and distinct that the IEBC was expected to provide a read-only copy of the logs in the servers (with an option to copy).

“The court did not give orders for the petitioner to access the first respondent’s servers but only access the read-only copy information as their integrity had to be protected,” she said.

In polling stations not covered by 3G and 4G mobile phone networks, manual transmission of results was the proper mode of transmission as it is the complementary mechanism of technology, she stated.

Justice Ndung’u also took issue with a part of the court’s majority that threatened to nullify a repeat election if the similar errors raised in their judgment recurred.

“It is injudicious and imprudent. The discipline of an unappointed arm of the government should be self-regulatory. No arm of the government is infallible,” she said.

She's full of wisdom....and common sense unlike the wakoras:

NJOKI NDUNG'U :The ballots are Alive and Available. When you have to overturn a decision do not result to forensic guesses.

Kimilili MP Didmus Barasa has called on the national government to withhold National Super Alliance (NASA) leader Raila Odinga’s passport ahead of the repeat presidential poll. Mr Barasa said Raila was likely to cause chaos then flee the country. He said he would sponsor a Bill in Parliament to ensure that Raila surrendered his passport before the election.

“I will go to Parliament to ensure that Raila surrenders his passport as he will cause chaos and flee. We want him here,” said Mr Barasa.

"The Opposition is likely to cause trouble should their demands to have the election postponed fail," he added. "The Opposition is scared and has resorted to inciting their supporters to take to the streets and cause mayhem."

Barasa said his Bill would ensure that NASA leaders were present to witness first hand the state of the country should they call for mass action.