IEBC calls for meeting with Ruto, Raila, Wajackoyah and Mwaure

Under election regulations, Form 34A is the first form used to tabulate results of the presidential election and is filled by the Presiding Officer after counting of votes at the polling station.

The details of votes obtained by each candidate are filled in, as well as total number of registered voters. The form also details the rejected, objected, disputed and valid votes. The candidates or their agents are then required to sign and ratify that the contents of that form are correct.

Form 34As gained notoriety in the 2017 General Election after they were cited as one of the reasons for the cancellation of the presidential results. Raila, who was contesting on a Nasa ticket, challenged the results because some of the forms were not signed.

Mr Mwangi said they sought clarification from IEBC commissioners during a visit to the printer in Greece and the explanation given was that extra Form 34As were needed in each polling station because there was a need to give copies to election observers, media and other stakeholders.

"We, however, reject this explanation. Firstly, because Book 2 of 2 from which it is alleged copies for stakeholders will be obtained is more than just a copy. It is actually a set of fully fledged Form 34As complete with all security features similar to those in Book 1 of 2. A Form 34A from Book 2 of 2 satisfies every requirement of electoral laws and regulations and can be used as a substitute," said Mr Mwangi.

The lawyer said it was clear that Book 2 of 2 was never meant to be a copy of Book 1 of 2 because it has separate and distinct serial numbering.

"Book 2 of 2 is not an intended continuation of the declaration in Book 1 of 2, but actually a separate and parallel result declaration form. The only original Form 34As that the commission needs in this presidential election are six (6) - one for the national returning officer, one for each candidate, and one inside the ballot boxes to be sealed with other election materials.

"There is, therefore, no room for the commission to exercise any discretion in this matter. The commission must print Form 34Bs on the same footing as it has printed Form 34As. I raised these issues today at the airport when we attended the ceremony to receive the first batch of presidential ballot papers," he said.