Opposition Leader Raila Odinga through his lawyers on Tuesday noted that an audit on the IEBC servers and election forms had revealed major discrepancies that affected nearly five million votes.
Mr Odinga's lead Counsel, James Orengo, stated that the two audit reports by the registrar and IT experts supported their claim that the IEBC fraudulently procured statutory forms to justify President Uhuru Kenyatta's victory.
"Our case has been proved that forgery, alteration of documents fakery and deception have been used in various ways, including one in which the server was used.
"These affected nearly five million votes. The two reports you accepted are two smoking guns. I was adding two more [by NASA] but I will pull these. We rely on these official two," Orengo stated.
According to Orengo, over 90 forms out of the 290 constituencies had fundamental mistakes making it clear that the General Election was not free and fair.
The Senior Counsel highlighted to the Court that from the scrutiny, more than 56 Forms 34B had no watermarks, 5 had not been signed by constituency returning officers, 2 were not stamped, 31 had no serial numbers, 32 were not signed by agents, 189 had no handover notes and 103 had no handover sections
“Forms that were irregular, either on account of not being signed, not bearing security features and many other reasons explained in the report, affected nearly 5 million votes," Orengo submitted.
The Siaya Senator explained that from the observation of their IT experts, there was unauthorised access to the IEBC servers and that IEBC Chairman Wafula Chebukati's details were used for deletion in the database.
The petitioner also accused the electoral commission of non-compliance with the Court's order, especially in crucial areas.
Senator Orengo cited the failure of IEBC to issue them access to firewalls and certificate of penetration tests as evidence of noncompliance by IEBC.
All his claims were, however, dismissed by the respondents' lawyers who asked the court to ignore the findings and uphold President Kenyatta’s re-election.
"You can't be asked to nullify the election on the basis of allegations, suspicions, my Lord, but there is no one challenging the numbers, the votes," lawyer Paul Muite said.
Here is the video courtesy of NTV:
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