Former journalist and corruption whistleblower, John Mark Githongo, filed an affidavit alleging that a team of 56 individuals were hired to infiltrated the Independent Electoral and Boundaries Commission (IEBC) systems during the election period.
In an affidavit deposited at the Supreme Court, Githongo introduced a whistleblower who he claims was part of the team of 56 people hired to manipulate Forms 34A before they were uploaded to the IEBC system.
According Githongo, the team comprised of 10 supervisors who managed the other 46 tasked with accessing, entering and manipulating the data in the IEBC portal.
He further argued that the team was under instructions to maintain the total valid votes cast hence the only way to manipulate the figures was by deducting votes from one presidential contender to the other.
"Their task was to receive the Forms 34A from the KIEMS Kits which were sent to their server/platform which he termed as Uchaguzi Tallying. After receiving the said data, they would edit the necessary form 34A’s according to the instructions given to them by their leaders and thereafter upload the said edited Form 34A’s to the IEBC portal.
"The team was indoctrinated on the phrase “freedom is coming “and that they needed to be freed from dynasties; in this case the Petitioner," read the affidavit in part.
Githongo, in the affidavit, further noted that he received the whistleblowers personal details and recorded his statement on camera that would be availed to the court in private to protect him and his family.
The whistleblower claimed that the operation was carried out in conjunction with officials attached to the electoral Commission's technology department.
"The form 34A’s from the different KIEMS Kits would be transmitted to the ‘Uchaguzi Tallying” server where they would have access to the said forms. They would in turn edit the said forms to conform to the numbers as instructed.
"After the editing the edited form 34As would then be uploaded back to the system," added the affidavit.
The affidavit also showed that the team was under instructions to ensure that that votes were increased in favor of one of the contenders in his strongholds to shore up his numbers in areas where there was a low voter turnout.
Speaking to Kenyans.co.ke, however, a lawyer who preferred to remain anonymous argued that the affidavit would not be admissible in court.
He noted that, as presented, the affidavit was hearsay and the whistleblower was yet to seek witness protection from the court.
"That deposition is not admissible evidence in court. It is hearsay evidence. If they are serious about that evidence, they should pray to court for witness protection under the witness protection act," he stated.
Former Prime Minister Raila Odinga also filed a suit at the Supreme Court challenging the outcome of the August 9 presidential election.