Raila exposes worrying details that could revoke Uhuru's victory
"Glaring errors", Raila's legal team has said, forms a basis for rejecting the poll outcome.
In a five-hour long submission to the Supreme Court, the team led by Senior Counsel James Orengo has divulged that the information contained in forms 34B, are inconsistent with what the polls team IEBC displayed on its portal.
Mr Orengo and Mr Amollo deduced that the "glaring errors" in IEBC forms that led to an allegedly “rigged election”.
Mr Orengo has also faulted the IEBC for supplying Forms which didn’t match their respective constituencies.
"The forms lack the security features and serialisation required and the way the forms are organised is not the way they should be," Mr Orengo told the seven judge bench court on Monday.
He added: "These were things that were done and we see names of the candidates in some forms are Raila Odinga, some Odinga Raila ... in some its Uhuru Kenyatta or Kenyatta Uhuru while others are written the name of the parties."
He noted that the lack thereof of key security features on the said forms raised credibility questions prompting him to allude that the Wafula Chebukati led team IEBC might have breached the law on elections.
"The election must be conducted in accordance to the law. Security features of Forms 34A and 34B included a watermark, anti-copying features and UV-sensitivity but these cannot be seen in some," he said.
He added: "We are waiting for a day in Kenya where opposition will concede because they know the election was credible.”
Making his argument on his part, Mr Amollo accused the IEBC of tampering with Forms 34A and B saying that some were signed by un-gazetted poll officers.
"In 13 constituencies (59,8476 votes) forms were signed by un-gazetted returning officers. Barcodes in some of the documents lead to locations outside Kenya," Amollo said.
He added: "Some forms have a different layout suggesting that they were not collectively printed by Al Ghurair firm."
He has urged the Court to declare the votes from the un-gazetted [polling stations as there were consistent pattern indifference of votes between Raila and Uhuru throughout the process.
"If by law provided these results were coming randomly from across the country, it is not possible to have such a consistent gap," he said.
Amollo said it was clear the results were not coming throughout but in batches.
"They were being held somewhere and released in batches. Moreover, the results were not streamed from the polling stations hence not possible to determine from which polling station they came from," he said.
He has also faulted Mr Wafula Chebukati for failing to declare the number of rejected voter and spoilt votes, different from what the constitution says.
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