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The National Super Alliance (NASA) wants the Supreme Court to allow it to audit electoral materials submitted by Independent Electoral and Boundaries Commission.
In an application filed on Friday by the coalition’s lead lawyer, James Orengo, their demand was necessitated by their discovery that over 11,000 Form 34As affecting over 7 million votes were forgeries and did not bear the commission’s symbols.
“We will demonstrate to the court that there was fraud in the elections, given that majority of the forms filed by IEBC are forgeries. There is a huge magnitude of fake forms that can only be established if we are allowed to scrutinise all the forms,” Orengo said. NASA leader Raila Odinga, in an affidavit to support the application, said his team has discovered massive discrepancies in Forms 34A and 34B which the IEBC filed in court on Tuesday.
According to Raila, there are numerous inconsistencies and inaccuracies between the results in the statutory returns generated by IEBC and its various agencies and the results it publicly carried and conveyed electronically.
“I have personally seen copies of Forms 34A brought in by our agents, which are different from the information posted and published by IEBC in Forms 34B and on their public portal,” swore Raila.
The coalition has also demanded the scrutiny of IEBC Election Technology System Networks -- including the servers, their locations, operating systems and software running applications -- for a time frame of 30 days before the election.
They also want the IEBC system security policy comprising password policy, password matrix, system users and levels of access.
In relation to the Kenya Integrated Elections Management Systems (KIEMS), the coalition wants an audit of each gadget used during the presidential election and the results it transmitted from each of the 40,883 polling stations.
“The main scrutiny will, however, be that of certified photocopies of the Forms 34A and 34B filed in court by the commission,” Orengo said.
NASA argued that a scrutiny of the forms will reveal that declaration of the presidential results was made in breach of the Elections (Technology) Regulations, and Elections Act, which stipulates that results at polling stations are final and must be transmitted electronically by the presiding officer in the prescribed form.
The coalition have insisted that it is only through scrutiny that they will be able to prove that the electronic transmission system of results from polling stations was not secured to deliver a free and fair election.
