At least 27 counties had polling stations where vote rigging occurred, according to the Opposition’s presidential election petition.
Uhuru: This case is not your fight
And on Sunday, the petitioners, Raila Odinga and Kalonzo Musyoka, publicly notified the Independent Electoral and Boundaries Commission (IEBC), its chairman Wafula Chebukati and President Uhuru Kenyatta, who are the first, second and third respondents, about the petition.
The respondents have four days to respond to the claims outlined by the National Super Alliance (NASA) leaders who have disputed President Kenyatta’s declaration as the winner of the presidential vote with 8.2 million votes (54 per cent) against Raila’s 6.7 million (44 per cent).
By tomorrow, the IEBC is required to have submitted to the Supreme Court certified copies of the documents used to declare the results of the presidential election.
These include the forms used to announce results at polling stations (Form 34As) and the constituency tallying centres (form 34Bs) and to declare the results at the national tallying centre (Form 34C).
The Supreme Court Act requires the IEBC to do so within 48 hours from the date of the service of a presidential election petition. There are 40,883 Form 34As and 290 Form 34Bs.
On Saturday, eight days after filing of the petition, the judges will convene a pre-trial conference to frame contested issues and immediately after start hearing the petition.
Yesterday, IEBC said: “NASA is yet to serve us with the petition. Attempts to collect it from their lawyers on record proved futile as their offices were closed.”
According to a notice of the petition published in The Sunday Standard yesterday, copies of the petition, supporting affidavits and annexures are to be obtained from the offices of Murumba and Awele Adocates at Mirage Plaza, Chiromi Road, Nairobi.
A review of the NASA petition shows of the 27 counties, the petitioners have further zeroed in on 63 constituencies where the polling stations cited for alleged electoral malpractices are located.
In its 25,000-page anextures filed on Friday night, the Opposition details various claims that include their agents being chase away, erroneous Form 34As or number of votes being inflated in favour of Uhuru.
In Central Kenya and Rift Valley counties, NASA claims that their agents were kicked out and in their place unknown people were hired to sign Form 34As.
“In many polling stations within the Central Kenya region and the Rift Valley region, legitimate agents of the petitioner were chased away from the stations and replaced by imposters who were caused to create fictitious names and sign blank Form 34As,” NASA’s court papers read in part.
In Nairobi, Nyandarua, Mombasa, Meru, Kwale, Machakos, Wajir, Kitui, Kisii and Nakuru counties the Opposition claims that the votes announced at the Bomas national tallying centre did not tally with what was in Form 34As.
The Opposition claims that Uhuru got extra votes from these counties.
The Opposition also claimed that documents such as handing over notes were missing in some areas and in others, Form 34As were not stamped as was the case in Likoni constituency.
NASA also cited discrepancies between polling station and constituency results as was the case in Ndia constituency. The Opposition claims at Kiangai primary school Form 34A indicates Uhuru got got 461 votes while form 34B shows 467.
Another grievance touches on inconsistent tallies like in Turkana South constituency where NASA claims there was a discrepancy in the number of valid votes. The total number of valid votes cast is 25,779 but when the number of votes for all candidates were summed up, it totalled to 22,590.
“Advised by the advocates for the petitioners on record, which advice we believe is true that the aforesaid were blatant violations of clear provisions of electoral laws to the disadvantage of the other presidential candidates,” the court papers continue.
“…the first respondent acted discriminatingly, partially, unlawfully and unfairly to the advantage of the third respondent (Uhuru Kenyatta).”
The Opposition claimed that Raila’s votes in Mombasa were reduced. The Opposition claims that in Wajir County, IEBC officials who had been initially placed to oversee the election were replaced with strangers. The same allegation also covers West Pokot.
In Makueni, NASA claims President Kenyatta and his deputy Wiliam Ruto bribed voters and threatened to sack chiefs who did not toe their line.
“The third respondent and the Deputy President being contestants in the presidential elections are guilty of corruptly influencing voters in the lead-up to the August 8, 2017 General Election without punishment and/or as much as a warning from the first respondent (IEBC) and the particulars of instances of undue influence, inducement, bribery and intimidation,” the court papers read.
In Nairobi, some forms had the same handwriting and were not signed by NASA agents, while others were not stamped, the Opposition said. Some 62 constituencies were mapped out as having discrepancies.