In a statement through his adviser Salim Lone, Mr Odinga has said that said that over 14,000 Form 34Ashave massive anomalies that cannot be challenged.
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Despite the earlier warning by the seven judge bench Supreme Court that no party should comment on the matter before it, NASA has divulged that the court cannot decide otherwise based on the evidence at hand.
“With the concrete evidence NASA has gathered for the Supreme Court, the Court will be unable to avoid confronting the simple, physical reality that over 14,000 Form 34As in NASA's possession have profound anomalies,” Mr Lone said in a statement.
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According to Mr Odinga, of the Forms 34As being held, over 40 per cent have massive anomalies. The team feels that as such the David Maraga led Supreme Court should not use the evidence presented by either IEBC or President Uhuru Kenyatta to affirm the declaration Mr Kenyatta as the president elect.
“Even if the Court feels that this massive irregularity was not outright rigging, these forms are so fundamentally flawed that they are lawfully inadmissible, and cannot possibly be accepted as evidence of Uhuru’s victory,” Mr Odinga said.
The team has indicated that all the presented evidence is crucial to be granted a win in the pending case whose determination is set for September 1st.
“The only way to avoid discarding these thousands of Form 34s in NASA's possession from the Court's consideration would be to contend, and prove, that NASA forged these forms,” Mr Odinga has said.
Mr Odinga went to court to contest the reelection of President Uhuru Kenyatta in the just concluded elections in which the IEBC Chairman Mr Wafula Chebukati declared Mr Kenyatta duly elected by having garnered over 8.2 million against Raila Odinga who had 6.7 million votes in the August 8th general elections.
Both IEBC and Uhuru Kenyatta’s legal team have until today (Thursday) to submit their response to a petition that was filed by Odinga last Friday. The move will pave way for the Supreme court to convene a conference to analyze the case.