Thirdway Alliance Kenya, the party which sponsored Dr Ekuru Aukot’s presidential bid in the August 8 poll, is seeking to join the petition by Nasa challenging President Uhuru Kenyatta’s re-election.
In an application filed at the Supreme Court registry on Monday afternoon, the party says it has crucial information concerning the August 8 general election and which might assist the court to arrive at a just decision.
The timelines set by the court indicate that all interlocutory applications will be heard on Friday, or a day after President Kenyatta, the Independent Electoral and Boundaries Commission (IEBC) and Chairman Wafula Chebukati, file their responses.
The application will be heard one day before the pre-trial conference, which is likely to fall on Saturday.
In the application, Dr Aukot, who came in fifth in the race, alleges that IEBC admitted fraudulent and unstamped forms 34As in the final tally.
In a sworn statement, Dr Aukot says that in some instances, up to 11 agents signed the forms yet there were only 8 presidential candidates in the race.
He says that some forms have been signed by agents from parties including Narc, PDR, Kanu, Federal Party of Kenya (FKP), Labour Party, Agano and PNU, yet these parties had no presidential candidates.
He further alleges that some of the agents indicated that they were representing independent candidates but failed to indicate who these candidates were.
There were three independent candidates including Prof Michael Wainaina, Dr Japheth Kaluyu and Mr Joseph Nyaga.
Dr Aukot further alleges that some forms were signed by strangers who were not authorised.
“Our preview of thousands of forms 34As demonstrates that the results announced by the IEBC are based on forged form 34As,” he said in the statement.
He said that the law is clear that a document that is signed by a stranger or unauthorised person is a forgery and a nullity.
He also claims that a number of unstamped forms were uploaded in the system.
Just like National Super Alliance, Dr Aukot alleges that the results that were broadcast on screens at the national tallying centre were not accompanied by forms 34As for purposes of verification and validation.
Dr Aukot further said that the delay in relaying of the forms 34As raises serious credibility issues.
His chief agents, Waweru Miruru and Martin Gavole, said they did a random sampling in a few constituencies and ascertained that a number of forms in Mombasa, Nandi and Murang’a had not been uploaded into the IEBC portal.
“My party and I have crucial information gathered before, during and after elections and the information in our possession is key in determining the issues raised in the petition,” Dr Aukot said in the statement.
He also says there are glaring errors, inconsistencies and falsifications in forms 34Bs.
Nasa presidential candidate Raila Odinga and his running mate Kalonzo Musyoka have challenged President Kenyatta’s win saying that IEBC rigged the election in his favour.
IEBC and Mr Kenyatta were served with the court papers on Sunday and they have four days to file their responses.
The hearing of the petition will begin on Saturday.
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