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In a unanimous judgment delivered by Justice Paul Galunje, the court held that the appellant did not establish its claims of over-voting.
According to him, to prove this allegation there are crucial documents that the appellant must tender.
He said: “The law is clear that the petitioner must tender the voters’ register, relate the document to the specific area where the documents were affected.
“However, in this case, the appellant has not done so, it merely dumped form ec8a and ec8b before the court but did not call any witnesses to prove its allegations of over-voting”.
Justice Galunje added that the card reader print out tendered by the appellant at the trial tribunal cannot be converted into the constitution or electoral act which is the yardstick for proving over voting as such relying on the card reader is fatal to any petitioners case.
He concluded that the appellant failed to lead credible evidence in proof of their case and the two lower courts are right to dismiss the appeal.
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