Witness says IEBC tampered with uploaded forms 34A and 34B

Oginga, a lawyer, is one of the witnesses in the presidential election petition filed by Raila Odinga and Martha Karua.

Witness says forms 34A, 34B and 34C on the commission's portal and the ones issued to Raila's agents at the polling stations have glaring discrepancies.

"The first respondent is continuously deleting and uploading forms 34A and 34B to its public portal as late as August 19. The first respondent is substituting forms 34A and 34B with new or different forms 34A containing different results from what they had initially posted and which were used as the basis for result declaration," claimed Oginga.

Oginga says it is impossible to tell the number of people who voted as the results declared in the counties revealed that there were 14,213,027 while form 34C had 14,326,751. He said the different numbers were not verified.

He stated that on August 9, IEBC commissioner Boya Molu had announced that the voter turnout was 65.4 per cent, which translated to 14,466,779 votes.

At the same time, Oginga is of the view that the number of people who voted through the Kenya Integrated Election Management system (Kiems) is different from the number declared in 34C. He said the difference between Kims kits number and Form 34C is 140,028.

He claimed that IEBC yet again uploaded a different form 34C after it had already declared the winner.

"The result of the presidential election as declared by the second respondent (Chebukati) is not exact and accurate figure that can be verified by forms 34A and form 34B. Summation of the different results declaration forms continuously being uploaded in the first respondent's portal shows that the aggregate result changes depending on the form uploaded at a given time," he continued.

Oginga alleged that from theform 34A posted on IEBC portal, Ruto's votes were increased in Baringo County. According to him, the numbers increased in 25 polling stations. In Nairobi, the lawyer claimed that extra votes were added in 15 polling stations, some with over 100 votes. He singled out 10 at the Kabete Vetlab Primary School Polling Station and five at St Martins School Kibarage Polling station.

Raila Odinga and his running mate Martha Karua at the Supreme Court to challenge William Ruto's win. [File, Standard]

In Kabete and St Martins, he said, what was announced at the polling station and what was on IEBC's portal varied by 1,217.

In Baringo, Oginga stated there is an increase of 359 votes. This he said was a comparison between forms 34A posted by the IEBC and what Raila's agents received from the polling stations.

At the same time, he said that when forms 34A were compared with forms 34C and forms 34A, Ruto had an additional 15,061 votes in Mombasa while in Vihiga (8,616), Kajiado (2,098), Bomet (13,522), Kakamega (1,275), Narok (31, 652), Bungoma (3,342), Busia (2,979), Siaya County (13), Kisumu (125), Homa Bay (258), Migori (138), Kisii (893), Nyamira (4,814) and Murang'a 33,055 votes.

Others are Marsabit (11,567), Turkana (10,340), Samburu (5,056), Baringo (177), Trans Nzoia (13,423), Diaspora (1,523), Nandi (255), Kericho (14,244), Nairobi (3,260), Nakuru (30,870), Makueni (136), Machakos (19), West Pokot (9,270) and Embu 533 votes. It is these additional votes totalling 217,631 that went to Ruto.

Oginga produced forms that he believes had differing results as exhibits for the Supreme Court to consider.

Meanwhile, another witness in the Azimio team Dr Nyangasi Oduwo claimed that the commission had set to deliberately manipulate the elections.

Oduwo was among those appointed by Azimio to verify forms 34A, 34B and 34C at the Bomas of Kenya. According to him, Chebukati's declaration was illegal, null and void as the commission's senior employees allegedly ganged up to benefit Ruto.

"IEBC deliberately set out to manipulate the 2022 General Election by inter-alia compromising the qualitative aspects of the statutory forms used for the election in order to facilitate and perpetuate fraud for a pre-determined outcome," claimed Dr Oduwo.

Raila and Karua filed the presidential election petition on Monday, arguing that the polls were not free, fair, verifiable and accountable.

In their case, they went for the jugular by asking the court to declare that any irregular votes should be struck off the final tally and a fresh computation on those found to be valid be done and considered as the valid outcome of the presidential election.

The first order being sought is to have IEBC, Chebukati and the commissioners provide all the materials, including electronic documents, devices and equipment for the presidential election within 48 hours.

At the same time, they are asking that immediately upon filing of the petition, IEBC and Chebukati should provide and allow access for purposes of inspection of all logs of any and all servers hosted by and or on behalf of the IEBC and in respect to the presidential election within 48 hours.

Raila and Karua are seeking a total of 24 orders from Chief Justice Martha Koome, her deputy Philomena Mwilu and Justices Mohamed Ibrahim, Prof Smokin Wanjala, Njoki Ndung'u, Isaac Lenaola and William Ouko.