Justice William Ouko put to task the legal team representing the Independent Electoral and Boundaries Commission (IEBC) to explain the disparity in the number of votes for the presidential and other elective positions.
Advocate Mahat Somane was asked to clearly provide cases in points where some electorates walked into polling stations and voted for the president alone.
In their petition, Raila Odinga and Martha Karua listed areas where the votes of the president were more than those of the governor, senator, woman representative and members of the county assembly, alleging ballot stuffing in favour of William Ruto.
"In your analysis, did you have any instances where voters walked into the polling stations and voted for the president and no other candidate?" Ouko asked Mahat.
The Supreme court judge further tasked the IEBC legal team to explain the number of stray ballots accounted for during the entire presidential tallying process. Mahat was instructed to give a breakdown of the stray ballots for each county.
"There was an allegation that 33,000 votes differential were noted between the votes cast for the president and those for governors, senators and women representatives.
"You tried to explain that some of those instances arose from stray ballots this morning. Would you tell us how many constitute stray ballots?" Ouko asked.
Responding to lawyer Kamau Karori's submissions that the IEBC chairperson was within his jurisdiction to announce William Ruto as President-elect, Ouko instructed him to explain how the chairperson was also appointed.
Ouko stated that the IEBC lawyer ought to explain if Chebukati's appointment was gazetted as an agent of the Commission or if he was gazetted as a national returning officer.
The Supreme Court judge also tasked lawyer George Oraro to explain why the electoral Commission stopped streaming the presidential results.
"In their submissions, talked about streaming results live, and then something happened, and they stopped. Can you explain to us what may have happened for this to have stopped?"
In response to advocate Mahat's argument that IEBC accounted for votes identified by KIEMS kits, referring to his PowerPoint presentation, Justice Ouko asked the lawyer to account for the votes cast manually.
He cited Busia senator-elect, Okiyah Omtatah's, PowerPoint presentation where the activist demonstrate that 1.6 million votes were cast or were streaming in hours after the closure of voting.
"According to your presentation on PowerPoint this afternoon, you said Kiems kits were used in 45,994 polling stations out of 46,229, which gives us 235 polling stations which I assume did not use KIEMS kits.
"Therefore assuming that the manual system was employed to identify them, are you able to say the numbers for these 235 polling stations?"
Mahat had earlier defended IEBC, maintaining that Ruto attained 50 per cent plus one vote to be declared President-elect by Chebukati. He dismissed issues Azimio la Umoja Presidential candidate Raila Odinga raised that some forms were downloaded from the portal and then re-uploaded, insisting that the system could not be infiltrated.
Chief Justice Martha Koome scheduled Friday, September 2, for IEBC and Ruto's lawyer to respond to concerns raised by the seven-judge bench.
The judges also hoped to retreat to their chambers by midday on the same day to prepare their verdict slated for Monday, September 5.
