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Document: Detailed Odinga’s Election Petition Case

Raila Odinga

Presidential Candidate for the National Super Alliance, (NASA) Raila Amolo Odinga, and his running mate, Stephen Kalonzo Musyoka  have moved to court on the basis of specific irregularities that they have identified in the recently concluded Kenyan presidential elections.

The duo looks at numerous instances like when their ticket was denied votes and others in which their competitor, Uhuru Kenyatta had undeserved votes added to his total.

The coalition, according to the affidavit before the Supreme Court of Kenya, has substantial evidence of what transpired throughout the country during the election process even though NASA agents in Rift Valley and Central Kenya regions were removed from polling stations and replaced by imposters who were caused to create fictitious names and sign blank result forms.

The petitioners also claim “data analysts have examined over 25,000 results forms for vote declarations and detected 14,000 of them that had errors.”

The errors range from statutory documents not signed by returning officers, some not authenticated by official rubber stamp, while the rest do not have agent names or signatures.

A statement condensed from the petition indicates that “some forms show one presiding officer’s name in charge of elections in multiple stations at the same time.”

According to the statement, petitioners have also observed multiple defects in counting of votes, with some being removed from Odinga to Uhuru.

“A sample review of 5,000 polling station results from NASA’s agents reviewed against those supplied by the Independent Elections and Boundaries Commission (IEBC) showed a number of fundamental defects: the total number of votes added to Uhuru Kenyatta and deducted from Raila Odinga are significant, especially if you extrapolate this to 40,000 polling stations,” reads the statement.

“Votes cast for president (15,588,038) exceeded those for governors (15,098,646) and Members of the National Assembly (15,008,818) by 482,202 and 567,517 ballots respectively.”

Odinga and Musokya also fault the electoral commission for flouting principles that are supposed to be followed as per the law.

“The law and the decisions of the courts required a number of things done, including voting, electronic transmission of results, by image and text to tallying centre, and the display of results in a public portal that is accountable, verifiable and accurate,” reads the statement.

“These are the standards that determine whether or not results meet the constitutional threshold. The IEBC mould flouted all these principles. Most strikingly, by the time of announcing the final result, the Commission’s Chairman Wafula Chebukati, purported his numbers to be final. This suggested he had received all the tallies from all the polling stations.”

The petitioners further note that “by the time of making that declaration, the IEBC had not received results from 11,883 polling stations results and 17 constituencies, yet the chairman “did not qualify his announcement with the explanation that the difference was not sufficient to change final outcome.”

They are thus “left to ponder how then four days later the IEBC Chairman responds to NASA’s enquiry by saying they have not received 5,015 Forms 34A. This represents some 3.5 million votes. On what basis would he declare final results when according to him, the leading candidate was ahead by slightly over 1 million votes?”

The statement adds: “How would he declare results similar to the public portal when he has publicly claimed that the ones on the portal are not IEBC results, and without the benefit of the verification that was started and discontinued at the Bomas National Tallying Centre?”

The presidential election held on August 7, 2017 was “so badly conducted and marred with such glaring irregularities that it does not matter who won, or who was declared the winner thereof.”

The petitioners argue that the nature and extent of the flaws and irregularities so significantly affected the results that the IEBC cannot accurately and verifiably determine the number of votes any of the candidates received.

They feel IEBC “betrayed its charge to give effect to the sovereign will of the Kenyan people and instead delivered preconceived and predetermined computer generated leaders.”

This election which was supposed to be about using technology to curb frauds saw “IEBC allow technology to be perverted to defeat the will of the people by leaving the door open to meddlers to enter their system, manipulate numbers and generate an artificial result.”

The petition also looks at patterns like the “IEBC refusal to host a recovery site for its server in Kenya to the brutal killing of Chris Musando.”

This petitioners have thus asked the court and by extension the people of Kenya to nullify the entire exercise because it is fatally compromised, in order to pave the way for fresh, legitimate elections.

Below is the petition

RAO & SKM Affidavit

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