Irregularities Recorded in Scrutiny & Recount of Votes - Judiciary Report

A collage image of Former Prime Minister Raila Odinga (left) and Deputy President William Ruto (right).
A collage image of former Prime Minister Raila Odinga while on the campaign trail in Nakuru County in July 2022(left) and President William Ruto ar a rally in Bungoma County in June 2022(right).
PCS
Raila Odinga

A report on the concluded recounting and scrutiny of ballots in 41 polling stations has exposed various anomalies in the election centres.

The report dated, September 1 and signed by the registrar of the Supreme Court revealed that six polling stations did not have Forms 34A. 

Affected polling centres included Kakamega High School in Kakamega county, Kawaida Primary School and Kamwangi Primary School in Kiambu County, and Chebunyo Primary School, GorGor School and Kagasik Primary School all in Bomet County.

Further, the registrar noted that some of the returning officers who were present during the exercise only became aware of the anomalies during the recount

Supreme court judge bench adjourning the hearing for a break at the supreme court on September 1, 2022
Supreme Court judges at the presidential petition hearing on September 1, 2022
Judiciary

"Other returning officers had no explanation for the absence of Form 34 A book 2. They indicated that they had just learnt of the anomaly during the scrutiny.

"The Kiambaa constituency returning officer explained that her presiding officer used book 2 because he had spoilt book 1. They, however, did not present the spoilt Form 34A book 1 for the team’s scrutiny, and the Polling Station Diary (PSD) did not indicate that the Form 34A book 2 had been spoilt," read the report in part.

In regard to the variance of numbers in Forms 34A and ballots recounted, it was noted that there was no major difference except in one polling station where 1 vote of Raila Odinga was added to that of President-elect William Ruto.

This was recorded in a polling centre at Nandi Hills Primary school.

Other anomalies noted in the scrutiny of Forms 34A were varying figures in the carbonated copies of Forms 34A which affected 9 poling centres.

In some instances, the agents scrutinising the ballot papers could not agree on the figures as the numbers were faint.

"Due to faint text, there was no consensus as to the actual figure for the result for Ruto on the Form 34A between ‘282’ or ‘288’ in Ol Joroorok Primary School (Nyandarua county)," the report stated. 

Additionally, in some ballot boxes, unused ballot papers were missing. This case was recorded at Kiheo Primary School in Nayandarua County.

Regarding the security of the ballot papers, it was reported that the majority of the boxes were sealed. However, some of them had discrepancies in the serial numbers.

IEBC Chairman Wafula Chebukati presents President-elect William Ruto his election certificate at the Bomas of Kenya on Monday, August 15, 2022.
Former IEBC Chairman Wafula Chebukati presents President William Ruto his election certificate at the Bomas of Kenya on Monday, August 15, 2022.
PCS

"There was no evident damage to the ballot box on receipt from the IEBC in regard to Ol Joroorok Primary School (Nyandarua). However, it is noted that there was a small crack in the corner of the ballot box lid.

"There was also a difference between the serial number for one ballot box seal when compared to the entry in the Polling Station Diary (PSD)," the registrar wrote. 

During the recount, IEBC, the Supreme Court, the petitioners and the two leading candidates and running mates were represented by agents.

The registrar's report will be presented before the Supreme Court today, September 2 for further assessment. The apex court ordered the scrutiny and recount of votes on August 30 following applications made by petitioners - Raila, Khelef Khalifa and Youth Advocacy for Africa (YAA).