OPPOSITION chief Raila Odinga has painted a picture for the Supreme Court of a coordinated strategy to rig in President Uhuru Kenyatta, exposing instances of what he says is a massive pattern of vote manipulation.
In his petition filed on Friday, Raila says his votes were systematically reduced while those of Uhuru were consistently inflated in an elaborate game plan to guarantee victory to the latter.
The NASA Presidential flagbearer claims he lost up to 500 votes in a single polling station, giving the example of Tonye Primary, Migori County.
“In Form 34A submitted by the Petitioner’s agent in respect of Tonye Primary Polling Station, North Kamagambo, indicates that Odinga Raila had 561 while in Form 34B he had 2 votes only!” an affidavit by Nyangasi Oduwo, Economic Adviser to Mombasa Governor Hassan Joho, states.
In arriving at the presidential results, the IEBC top brass collate results captured in Form 34Bs, which are the tallies from all the 290 constituencies across the country.
In yet another example, Raila claims that according to Forms 34A submitted by his agents in respect to Memba Primary in his Siaya backyard, he garnered 437 votes.
However, according to results captured in the IEBC Forms 34B, he only had 17 votes.
NASA also describes how county commissioners acted as Jubilee chief agents in some Mount Kenya regions in a clear breach of the Constitution.
In documents tabled before the seven-member Bench Supreme Court Judges, the Opposition also narrates how voters were openly issued with more than one Presidential ballot papers in Jubilee bastions.
“At Karurumo Polytechnic, Kieni South, the NASA agent noted and raised complaints on voters being given between 2 and 3 Presidential ballot papers. At one time, the NASA agent confronted the voter and clerk and witnessed that the voter had 8 ballot papers,” a startling affidavit by NASA presidential chief agent for Embu County Moses Wamuru states.
Wamuru claims that at Ngurueru Primary, in Runyenjes constituency, Presidential ballot papers run out at 4pm but voting for other seats was not stopped.
“The Presiding Officer instructed the clerks to only give the votes for governor, Senate and other lower seats, and ignore the Presidential ballots since they were finished,” Wamuru states in the affidavit that forms part of the 25,000-paged documents filed by NASA on Friday.
“When our agents complained, he was threatened to be chased out and was told that the ballots were enough.”
NASA has sought to prove that more people were allowed to illegally participate in the Presidential poll on Uhuru’s side.
The Opposition claims their calculation indicates that the total Presidential votes cast exceeded those of other elective positions of Governor and Members of the National Assembly by over 500,000 votes.
The Embu chief agent describes another incident in Kiangongi Primary School, also in Runyejes, where he claims ballot papers were clearly being marked hours after the voting process ended.
“When I peeped through the wire-mesh window, I noted that the person I suspected to be the Presiding Officer was plucking papers and giving others who seemed to be marking them,” he states.
“At this point, the policewoman who was manning the station noticed me and requested me to go round. When I indicated that I am a NASA agent, she became very hostile. At that point, another policeman emerged and demanded that I leave the place immediately.”
He says that in the Mbeere South Tallying Centre, the County Commissioner was acting as the Jubilee chief agent.
In Manyatta Constituency, Wamuru said he received reports that NASA agents were compromised by the county commissioner and the head of police.
He says Embu County Commissioner Esther Maina ordered for the blocking of all NASA agents from most polling stations across the region.
NASA is seeking to prove fraud through an elaborate analysis of statutory Forms 34A and B.
In Nyabieyo Primary Polling Station, Kisii County, Raila said forms provided by his agents indicated that he garnered 228 votes.
However, results posted by the IEBC indicate he had zero votes.
In Amabiria Primary School, also Kisii County, Raila claims Uhuru garnered 138 votes as captured in Form 34A. However, in results captured in Forms 34B of the same polling station, Uhuru’s votes had been inflated to 238.
The Gusii region was perceived to be an Opposition stronghold, but Uhuru pulled a surprise and beat Raila in Nyamira and performed exceptionally well in Kisii County.
According to Raila, after his agents were kicked out, mostly in perceived Jubilee strongholds, Presiding Officers were caused to fill what he termed as fictitious results in Uhuru’s favour.
Having reviewed and reconciled the forms 34A and B supplied by the IEBC, Raila concludes, against the similar forms obtained from our agents, the ODM leader says he has discovered that the Presidential results have massive numerical discrepancies that fundamentally affected the final result to his disadvantage.
Raila wants the Supreme Court – headed by Chief Justice David Maraga – to declare that Uhuru was not validly reelected.
The NASA boss has asked the Supreme Court to compel the IEBC to make available and allow access for purposes of inspection all the logs of all its servers.
The Opposition top brass had claimed that data contained in the IEBC servers indicated that he trounced Uhuru by over a million votes.
Amani National Congress boss Musalia Mudavadi said Raila was leading by 8,041,726 against Uhuru’s 7,755,428.
However, Uhuru was declared winner, having garnered 8,203,290 votes against Raila’s 6,762,224.
