Lawyer James Orengo who is representing Raila Odinga and Kalonzo Musyoka in the Supreme Court case in which the opposition is challenging President Uhuru Kenyatta’s re-election has asked for the scrutiny of all forms 34A and 34B.
Orengo claims some of the forms submitted by the IEBC to court as evidence that the August 8 presidential election was conducted in conformity with the law do not bear required security features.
He also alleged that some of the forms had jumbled names of presidential candidates.
Orengo for instance said some forms carry the name Raila Odinga while others bear Raila Amollo Odinga.
“The problem in this country has not been those who vote but those who count the votes and transmit the results,” he said during the Supreme Court’s first hearing of the opposition petition.
“Original forms 34A and 34B should be made available in court. Those submitted in court are forgeries. They are not authentic.”
Forms 34A usually bear results tabulated at the polling station and are signed by Returning Officers. Form 34B contains the sum total of all results in forms 34A from polling stations in particular constituencies and are signed by Returning Officers.
High Court in the run up to the general election ruled that constituency results will be final and will form the basis under which presidential results will be tabulated.
“We have a problem with the forms that were delivered to court,” Orengo, who is also Siaya Senator-elect, said.
He said 19 hours would be adequate for the petitioner to scrutinize the 40,883 forms 34A and 290 forms 34B.