Julie Soweto, a counsel defending the Azimio la Umoja flagbearer Raila Odinga in the ongoing presidential election petition, has claimed that the Independent Electoral and Boundaries Commission (IEBC) procured two sets of Forms 34A with an intention to alter the presidential results.
Soweto, presenting her submission before the seven-judge bench on Wednesday, argued that there were parallel sets of Forms 34A which were to transmit different results to the National Tallying Centre.
She said that the forms were sectioned into two booklets marked 1 of 2 and 2 of 2. Adding that one would be used in a respective polling station while the other was “put in an envelope” to record different results.
Soweto noted that the complaint made is based on a sample by Raila’s agents on 41 Forms 34A from Bomet, Kiambu, and Kakamega counties, which revealed the aforementioned claims.
“The Forms 34A received by the petitioners’ agents vis-à-vis the Forms 34A uploaded in the IEBC portal and those brought to the tallying centre are different,” said Soweto basing her argument on an affidavit filed by Celestine Anyango.
“The IEBC procured 2 parallel sets of forms 34A marked booklets 1 of 2 and 2 of 2. It was intended that 1 of 2 would be used in the polling station while 2 put in an envelope not to be used in the polling station,” said Soweto basing her argument on an affidavit filed by Celestine Anyango.
Soweto further told the court that there was deliberate mischief in altering the forms, arguing that the sampled forms had the same security features yet the results recorded in the forms were different and switched in favour of President-Elect William Ruto.
“The forms that the agents have and the forms in the portal are the same in all features: they have the same serial numbers, embossed using the same stamps, and signed by the same agent. However the forms in the figures have been tampered with and are different with regards to the results for the first petitioner and ninth respondent (Ruto),” she said.
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