The Presidential petition at the Supreme Court started on Saturday evening with NASA’s lead counsel, James Orengo arguing that the IEBC rigged the election in favour of the 3rd respondent, Uhuru Kenyatta.
In his submission, Orengo claimed that the forms 34As provided by the electoral commission were infactnot the original forms.
He said the security features on the original forms were missing in the ‘fake’ forms presented by the IEBC.
“Some of the bar codes translate to some place in France not even Kenya,” Orengo alleged.
The Siaya Senator also claimed that some forms 34B did not have the final tally recorded by the Returning Officers as required.
Orengo added that the names of the presidential candidates were used interchangeably.
“There are some forms where the name of Raila Odinga is Raila Amollo Odinga, on some (it’s) Odinga Raila. Uhuru Kenyatta sometimes the name is Kenyatta Uhuru. It is an entire vice my lords,” he noted.
He, also asked the court to allow them access into the IEBC servers, saying that they would only need a few hours to get the information off of the servers.
Ahmednassir Abdullahi and Paul Ngatia, Kenyatta’s lawyers argued that NASA was asking their client to provide evidence against himself.
“There is a difference between the right to information under Article 35 (of the Constitution) and a demand for evidence,” Ahmednassir said.
“The petitioner in this case is not asking for information. He is saying I need this evidence. He is saying that my case cannot go forward unless I’m supplied this evidence,” Abdullahi argued.
“A forensic audit of the KIEMS and my client’s servers will take three weeks as they fish for the information,” said Paul Muite, IEBC lawyer.
Chief Justice Maraga said the court would rule on Sunday on the applications of those seeking to be enjoined in the case as friends of the court and interested parties.
The rulings will be given on Sunday at 2 pm and the trial thereafter at 3 pm.
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