Judge Potani now reading their interpretation of the law:
For instance, he has outlined what should be made available at a polling station in terms of materials.
"The Commission shall appoint polling officers whose duty shall be to administer elections including casting of votes and counting of votes cast at the station, this demonstrates that the duty lies with the second respondent with its polling presiding officer.
Section 70 of the Constitution outlines the necessary items, the Commission needs to ensure that every poling station is provided with: authenticated register of people at that polling station, ballot papers and accompanying envelopes to be used in casting their votes, ballot boxes, wax and envelope for vote, indelible ink, record sheet, lamps to lit for counting the votes, log book for complaints."
Monitors are supposed to among others cooperate with officers in the voting and counting, refrain from interfering with the duty of poling officer and not to disturb the process of voting.
Ensure the secrecy of the ballot papers.
A penitent right for monitors is to be consulted with any questions raised in the election process whether during casting or counting.
The presiding officer shall reject a ballot paper that doesn't have polling station initials on the back of it and is otherwise not satisfied of the paper.
Has any marking that the vote can be identified.
The voter has voted for more than one candidate.
Has not been marked for any candidate.
Has any name or signature that can identify the voter.
Potani: "A Ballot paper that has a mistake on it, made on it by the voter before it is placed in the ballot box, the polling station officer may issue another one, the spoiled ballots must be sent back for recording. The commission should have been vigilant on the null and void and spoiled ballot category."
We have gone two hours into the election case ruling and we are going to go to a 15 minute refresher break...