1. The objective of the Petition was to ensure compliance with the Constitution of Kenya 2010 election laws, regulations. These laws and regulations flow from the Constitution.
2. The constitution of Kenya provides that elections must be held in a manner that if free, fair, transparent, simple, accurate and verifiable.
3. The Constitution of Kenya 2010 embodies the will of the people of Kenya, including how an election should be conducted.
4. The Elections Act demands that a Principal Register of Voters be published before the election to realize transparency.
5. The IEBC used multiple registers in the March 4th General Election which left a lot of room for manipulation. The use of multiple registers violates the law and the Constitution.
6. In previous elections, including 2007, the opaqueness of the voter’s register led to manipulation to benefit one party to the political contest. Hence the legislation to create a Principal Register of Voters in advance and to enable scrutiny was designed to reduce opportunities for manipulation.
7. The IEBC also failed to comply with the laws and regulations governing elections. These laws and regulations demand that transmission of results from polling centers to the county and national tallying centers be conducted electronically.
8. The electronic transmission was envisaged to ensure transparency, accuracy, credibility and verifiability as required by the constitution.
9. The requirement for electronic transmission emerged from the Kriegler Commission report of 2008 which unearthed manipulation of results in transit during the bungled 2007 election.
10. The IEBC failed to properly procure and implement electronic transmission system leading to ‘failure’ and illegal/unconstitutional recourse to manual tallying. The recourse to manual tallying was an abrogation of the desire of Kenyans for a credible and transparent election.
It is on the basis of the points above that AfriCOG challenged the basis of the electoral PROCESS which violated the constitution and led to an illegitimate result.