BY EURIDICE NZIOKA,NAIROBI,28TH AUG 2017-Lawyers representing the National super Alliance NASA in the petition challenging the victory of president Uhuru Kenyatta at the Supreme court have termed the inconsistencies related to forms 34As and 34Bs as the reason why the entire election should be cancelled.
Lawyer James Orengo appearing for NASA after the beginning of the hearing of the petition Monday says most forms used by the independent Electoral and Boundaries commission IEBC to conduct the August 8 elections were not legitimate.Orengo claims that most of the forms lacked necessary security features that accompany them as it was at the time of their printing in Dubai.
Orengo Further claimed that forms did not only lack security features but they also lacked consistency with names of candidates not rhyming.”Most of those forms were generated locally with names appearing in multiple formats as in case of Raila Odinga others had Amolo Raila Odinga as well as Raila Odinga as the case of Uhuru Kenyatta others had Uhuru Kenyatta and others had Muigai”he said. Like in Mathira constituencies the word Mathira written by hand.
“The commission had specified these features to be on the two forms as a way of protecting the integrity of the elections,” the lawyer said.
“But here is a case where these documents lack these features and were brought before the court.”
On his part Lawer Amolo Otiende narrated how despite the electoral law being clear on election management,IEBC deliberately disregarded the law in managing the August 8 election.According to Otiende IEBC declared the presidential results without first having both forms 34As and 34Bs as required by law.”By the time IEBC chair was announcing the results the commission had not received over 5,700 forms”.he said. He also said some polling stations were not gazetted.
Otiende laso saying Results transmission formula was used to reduce votes for Raila Oding and the same given to Uhuru Kenyatta.
While making his submissions lawyer Paul Mwangi said IEBC ignored the advise to receive security guidelines given by the communications Authority of Kenya to ensure that method used to transmit results was flawless. Mwangi however alluded to the fact that the 2017 election did not experience technological failure unlike in the 2013 elections.According to Mwangi whatever errors were witnessed ware largely human induced.