In Summary
  • IEBC chief executive officer Ezra Chiloba insisted that the material was open to verification.
  • Lawyers for the parties in the case have been guarded, leaving it to the politicians to answer each other.

The electoral commission has denied existence of discrepancies in forms used to compile the disputed presidential election, a claim that is at the core of the opposition alliance Nasa’s petition.

The Independent Electoral and Boundaries Commission (IEBC) however said it will produce the electronic equipment it used to identify voters, transmit the results to the national tallying centre in Nairobi and take images of the first forms filled at the polling stations during the August 8 General Election only on the orders of the Supreme Court.

As he led the team that handed over to the court 54,000 pages of the documents and soft copy, 14,000 of which have been disputed by the National Super Alliance, IEBC chief executive officer Ezra Chiloba insisted that the material was open to verification.

IEBC’s lawyers are expected to file their responses to the petition by Nasa presidential candidate Raila Odinga and running mate Kalonzo Musyoka by Thursday.

“We’ve brought all the forms, the original forms that were used in the elections in as far as declaration of results was concerned, and all the forms are here,” Mr Chiloba said.

“If there is a need for scrutiny, we’ve also published them on the public portal and we invite you to go and look at them.

“They have been brought from all over the country, the 40,883 polling stations. So, when we talk about the availability of the Forms 34A, we actually mean these ones, and all the forms are available.”

The IEBC also handed over scanned copies of the forms in a one-terabyte hard disk.

The requirement to hand over all the documents used to process the result of the presidential election was inserted in the Supreme Court Act last year at the behest of the joint select committee of Parliament that negotiated the removal of the previous commissioners and also overhauled electoral laws.

Going by Nasa’s claims and the insistence by the IEBC, veracity of the documents is likely to become one of the main matters to be decided by the seven judges.

The majority of Nasa’s allegations regarding the documents are contained in an affidavit sworn by Dr Nyangasi Oduwo, a medical doctor and economic advisor to Mombasa Governor Ali Hassan Joho, who says he scrutinised 25,000 of the Forms 34A posted by the commission on its website.

Dr Oduwo has a post-graduate diploma in research methods, a master’s degree in project management and planning and a second master’s in economic policy and analysis.

The expert swore two affidavits detailing the alleged discrepancies in the forms filled at polling stations after the counting of ballots cast in the presidential election.

He claims that, after looking through the forms (he initially says he looked at 5,000), he found grave anomalies in 14,078 of them.

He cited forms that did not bear the official IEBC stamp or were not signed by the presiding officers and their deputies, showed results that did not add up mathematically, did not have the signatures or names of party agents or presiding officers had signed for more than one station.

IEBC officials led by CEO Ezra Chiloba (left) filing documents at the Supreme Court in a case filed by Nasa to challenge the presidential elections results. PHOTO | RICHARD MUNGUTI | NATION MEDIA GROUP

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