๐ง๐๐ ๐๐๐ ๐ข๐๐ฅ๐๐ง๐๐ ๐ฃ๐ฅ๐ข๐๐ฅ๐๐ฆ๐ฆ๐๐ฉ๐ ๐ฃ๐๐ฅ๐ง๐ฌ & ๐ฒ ๐ข๐ง๐๐๐ฅ๐ฆ -๐ฉ๐ฆ- ๐ ๐๐๐๐ช๐ ๐๐๐๐๐ง๐๐ข๐ก๐ฆ ๐๐ข๐ ๐ ๐๐ฆ๐ฆ๐๐ข๐ก
๐๐๐ฆ๐ ๐ฆ๐จ๐ ๐ ๐๐ฅ๐ฌ
๐๐ก ๐ง๐๐ ๐๐๐๐ ๐๐ข๐จ๐ฅ๐ง ๐ข๐ ๐ ๐๐๐๐ช๐
๐ฃ๐ฅ๐๐ก๐๐๐ฃ๐๐ ๐ฅ๐๐๐๐ฆ๐ง๐ฅ๐ฌ
๐ง๐๐ ๐๐๐ ๐ข๐๐ฅ๐๐ง๐๐ ๐ฃ๐ฅ๐ข๐๐ฅ๐๐ฆ๐ฆ๐๐ฉ๐ ๐ฃ๐๐ฅ๐ง๐ฌ & ๐ฒ ๐ข๐ง๐๐๐ฅ๐ฆ -๐ฉ๐ฆ- ๐ ๐๐๐๐ช๐ ๐๐๐๐๐ง๐ข๐ฅ๐๐ ๐๐ข๐ ๐ ๐๐ฆ๐ฆ๐๐ข๐ก
Judicial Review Cause No.19 of 2025 (Before Hon. Justice Chimbizgani Kacheche)
ย
๐๐ฅ๐๐๐ ๐๐๐๐ง๐ฆ:
The applicants commenced these judicial review proceedings seeking the following reliefs:
A declaration that the respondentโs decision to refuse the claimants an audit of the electoral process and the electronic management system is unlawful and unconstitutional as it goes against the administration of free and fair elections.
A declaration that the respondentโs decision to implement the use of electronic management device as a means of identifying voters at the 16th September, 2025 elections is unlawful and unconstitutional.
A declaration that the respondentโs decision to implement the electronic transmission of September 2025 Presidential, Parliamentary and Local Government results and to
determine the national result using the result so transmitted is unlawful and unconstitutional.
A prohibitory order, prohibiting the Respondent from implementing its decision to refuse the claimants an audit of the electoral process and the electronic management system.
A prohibitory order, prohibiting the Respondent from implementing the use of electronic management device as a means of identifying voters at the 16th September, 2025 elections.
A prohibitory order, prohibiting the Respondent from implementing the decision to use the electronic transmission of September 2025 Presidential, Parliamentary and Local Government results and to determine the national result using the result electronically transmitted.
An order like mandamus mandating the Respondent to allow the applicants to conduct an audit of the electoral process and the 3 electronic management system in preparation for the September, 2025 elections.
An order like mandamus mandating the Respondent to use the voters register physically present at all polling stations as the only means of identifying voters in the September 2025 elections.
An order like mandamus mandating the Respondent to implement physical transmission of the September, 2025 Presidential, Parliamentary and Local Government results and to determine the national result on using the result physically transmitted.
The applicants also applied for an order as to costs.
ย
๐ง๐๐ ๐๐๐๐๐ ๐๐ฆ๐ฆ๐จ๐:
The decision to refuse the claimants an audit of the electoral process and the electronic management system against the principles of free and fair elections.
The decision to implement the use of the electronic management device as a means of identifying voters at the 16th September, 2025 elections.
The decision to implement the electronic transmission of September 2025 Presidential, Parliamentary and Local Government results and to determine the national result using the result electronically transmitted.
ย
๐ง๐๐ ๐๐๐ก๐๐๐ก๐:
Refusal was within the powers of MEC. the commission was justified if could not be faulted for refusing to audit the electoral management
The decisions of MEC were made outside timeframe of 90 days the requirement in the CPR, but it was in the public interest as such the court proceeded as it was based on illegality.
Manual and bio metric means of voter identification are both to be used nothing contrary to the law for MEC to use both manual registers to identify a voter and bio metric
Mec not precluded to transmit the results electronically but they have to wait for the manual transmission before announcing the results.
Political parties are stake holders in an election they shouldnโt have to demonstrate an interest to bring an electoral matter to court. But the 3rd to the 7th they did not have sufficient interest and are condemned in costs.
ย
๐ข๐ฅ๐๐๐ฅ: Application dismissed.
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