Former Prime Minister Raila Odinga through his lawyer, Senior Counsel Paul Mwangi, has stated that the four dissenting commissioners demonstrated that they read unverified results by making errors during the announcement.
Addressing the Supreme Court on September 2, Mwangi stated that there was no sufficient evidence to show that four undertook verification of the results given that some of them were forced to rectify the results they had announced.
Mwangi gave an instance where Commissioner Justus Nyang'aya announced excess results for Deputy President William Ruto and made a clarification afterwards.
"After Nyang'aya reads the results in the Kiambu town constituency, it was stated that Ruto's results went over 10,000 votes. That shows that the commissioner did not know what he was doing and is forced to come to read the results afresh.
"Vice chairperson Juliana Cherera was also given results to read in Juja constituency - inflated results in favour of Ruto. I will leave it for them to explain that better," he stated.
Raila's team had been put to task to explain why the commissioners would dissent results that they took part in verifying.
"Commissioners were together until the 11th hour. What evidence do we have this was not an afterthought and that they are not doing this in good faith?" Justice Lenaola posed to Raila's team on August 31.
In response to proof that the postponement of Kakamega and Mombasa gubernatorial elections affected voter turnout, Mwangi explained that national elections and devolved units elections influence each other because of the six-piece campaigns.
He opined that some voters may have decided not to vote because of the suspended gubernatorial polls.
"Elections affect each other as people come to vote for various reasons and especially when dealing with elections at the national and devolved levels.
"We also must consider the six-piece campaigns as people come out to campaigns as a team so that they can win. If you stop one, you can disenfranchise the others. With respect to Mombasa, there was an order stopping the printing of the ballot and that was not obeyed," he stated.
Additionally, Raila's team maintained that the election was influenced by the manipulation of Forms 34A uploaded by the KIEMS kit.
"The evidence from the Commission is that the images are taken in JPEG format. The issue here is that there is no reason why the format was changed to PDF. We do use WhatsApp and images shared usually come as they are sent. They are never changed," he wondered.
Mwangi's statements were demonstrated by a PowerPoint demonstration that showed how foreigners altered results at the IEBC forms portal. The PowerPoint presentation was done by lawyer Julie Soweto.
