The National Super Alliance (NASA) led by Opposition leader Raila Odinga on Wednesday declared they are moving to court to challenge President Uhuru Kenyatta’s win in the 2017 General Election.
Addressing Kenyans from their Okoa Kenya offices in Lavington, Nairobi, Mr Odinga noted that IEBC had committed grave mistakes and mentioned that they would work on highlighting these mistakes to the Supreme Court.
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The NASA petition is based on 5 main pieces of evidence that include;
- Streaming of Results Minus Form 34As
According to the NASA Leaders, IEBC violated the Constitution when they streamed results on their portal without accompanying Form 34As.
The Opposition is set to use this as one of their arguments at the Court.
“Once the polls closed last Tuesday, the IEBC began streaming so-called provisional presidential results not backed by Form 34As as required by law,” Odinga stated.
- IEBC Declining to Provide All Form 34As a Week After Elections
The NASA leaders noted that the failure by IEBC to provide them with all the Form 34As a week after the election indicated mystery.
The team further noted that the admission by IEBC CEO Ezra Chiloba that the Commission was not able to supply all Form34As yet, meant that both the provisional and final results announced last week are null and void and that Uhuru Kenyatta was not lawfully declared the winner.
- Unchanging Percentage Difference
The coalition leaders noted that the difference between President Kenyatta and Mr Odinga was stagnant at all times.
The Leaders explained that with random numbers it is impossible to have such a graph and as such argued that the results were manipulated.
“There was the bizarre phenomenon of Uhuru Kenyatta’s “lead” staying at around a consistent 11 percent throughout the release of the “results!” surprisingly, this same pattern also occurred in many gubernatorial races across the country.
“Such a fixed margin has never been maintained throughout any democratic election anywhere in the world. But it happened here because an algorithm had been introduced to rig the outcome,” the opposition submitted.
- Declaration of Incomplete Results
NASA accuses IEBC of declaring incomplete Presidential results.
According to the opposition leaders, the polls body hurriedly declared incomplete results without verifying all the Form 34As.
“Then, at midnight last Friday, we saw the IEBC announce that Uhuru Kenyatta had been elected president, even though the Commission continued to acknowledge that only about 29,000 of the 41,000 verified Forms 34As had been tallied!
“Why was there this fanatical rush to judgment on the most vital matter that any democratic nation EVER faces, the election of its President for the next five years? And why did the IEBC refuse to address the set of questions about vote tallying that that NASA had submitted?” the team posed
- Doctoring of Forms and Cooking of Figures
The NASA leaders accused IEBC officials of cooking figures and doctoring Form 34As to match the cooked numbers.
“We will show how they shamelessly cooked results from non-existent polling stations and fake un-gazetted Presiding and Returning officers.
“They gave figures from non-existent Forms 34A and 34B; they scrambled to manufacture such forms; switched vote numbers; and how they openly swindled to reach predetermined consistent vote numbers. They cooked numbers to the extent that vote tallies often surpassed registered voters in polling stations,” the leaders noted.
The leaders declared the elections a sham and noted that they would not accept the declared results.
“Accepting such a crime for the third election in a row would irredeemably entrench the triumph of anti-democratic impunity and the permanent death of democracy. Future elections would be a sham. NASA shall not be party to it,” the opposition stated.
A letter by IEBC CEO Ezra Chiloba to the National Super Alliance (NASA) over the availability of form 34As and 34Bs has raised questions among online users.
The letter was written in response to the Opposition’s claim that IEBC was yet to provide them with copies of Forms 34A and 34B four days after the announcement of the final presidential election results, did not go well with some online users.
In the written response, Mr Chiloba acknowledges NASA’s concerns and notes that the Commission was unable to provide the Forms at the moment but would submit meet them as soon as possible.
“The Commission is in a place to provide all requested form 34Bs immediately. We are however not able to provide Form 34As but the same will be availed to you as soon as possible,” Chiloba’s letter read in part.
However, Jubilee Party team led by House Majority Leaders on Wednesday welcomed the decision by National Super Alliance (NASA) Leaders to move to the Supreme Court to contest the re-election of President Kenyatta.
the leaders noted that following the legal process was the right decision that was in line with the requests by all observer missions involved in the elections, religious leaders and the international community.
National Assembly Majority Leader Aden Duale stated that the Opposition Leaders now had the opportunity to show the country their pieces of evidence and explain why they were unsatisfied with the results.
“Everybody, the voices of reason, have been urging those not satisfied with the outcome of the polls to petition in court. Let their lawyers now bring the evidence before the court and I am certain our lawyers and those from IEBC will counter all the evidence they come up with,” he stated