Formula used to rig presidential election: NASA
National Super Alliance (NASA) lead counsel James Orengo has concluded opposition’s petition submissions before the Supreme Court in which he accused the electoral agency of widespread irregularities.
The NASA lawyer accused the Independent Electoral and Boundaries Commission (IEBC) of altering statutory documents and forgery of forms 34A and 34B and hence the Supreme Court ought to void the election of President Uhuru Kenyatta.
The opposition coalition maintained their stand that President Kenyatta was rigged in by IEBC with lawyer Otiende Amollo questioning the pattern of preliminary results streamed by the electoral commission.
“When you look at the pattern of results, the difference between Kenyatta and Mr. Odinga was maintained by 11% throughout the process. It is our understanding that the results were not streaming directly from the polling station but they were released in batches,” argued Otiende.
Mr Amollo went on to give the court an algorithm formula that was allegedly used to rig-in Mr. Kenyatta i.e. Y=1.2045x + 183546.
The former Ombudsman claimed that the Y in the formula represents President Kenyatta’s votes which were derived at by multipling X ( Raila Odinga’s votes) at any one time with 1.2045X and adding 183,546, a formula he did not comprehend but which was advanced by NASA’s ICT expert Dr Edgar Otumba Ouko in his affidavit.
NASA’s legal team also questioned why the electoral commission decided to declare the winner of the polls on August 11, yet they did not have all the forms 34 on August 14.
They argue that the results displayed by IEBC’s public portal were neither verified nor based on the legal forms.
Additionally, Otiende highlighted how read mischief on how the total Presidential vote tally exceeded those of governors, senators and MPs by over 500,000 votes. This, he reasoned, is not logical and shows blatant manipulation and vote tally stuffing in the presidential elections.
James Orengo presented the court with documents which he said clearly show that IEBC went on to receive results from ungazetted polling stations.
To support their petition, NASA legal team also provided the court with affidavits and evidence that indicate how manipulated forms 34As and 34Bs were signed by ungazetted presiding officers.
With the seven-judge bench having allowed the petitioner read-only access to IEBC servers and certified copies of original forms 34A, 34B and 34C, NASA has exuded confidence that it will be able to prove their allegations.
Lawyer Elias Mutuma, representing presidential candidate Ekuru Aukot as an interested party in the case, also accused IEBC of failing to ensure election materials including forms 34A and 34B were duly filled.
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