Thirdway Alliance presidential candidate Dr Ekuru Aukot has asked the Supreme Court to nullify the presidential polls that saw Uhuru Kenyatta re-elected for second term on grounds that the results could not be verified through a statutory means.
Through his lawyer Elias Mutuma, Dr Aukot said despite conceding defeat largely because of the numbers, he had not given the process “a clean bill of health.”
He said Form 34As and Form 34Bs were fraught with administrative errors.
Introduction of agents
The lawyer singled out Bahati constituency and Kuresoi South in which anomalies appeared between what was at the national tallying centre at Bomas of Kenya, what was at the polling centres and what was uploaded on the IEBC public portal.
Mutuma said an analysis of the forms captures illegal introduction of agents and manipulation of documents.
“Are we dealing with the same forms uploaded on the public portal…there was room for tampering,” Mutuma submitted.
He said the anomalies being witnessed was a violation of the constitution that puts a duty on IEBC to ensure election material were safeguarded from malpractices- the net effect being that the results of such a flawed process cannot pas as “fair.”
Results must be nullified
The lawyer submitted that if there is no way of authenticating results through a statutory process such results cannot pass the test.
“An election canny be perfect, however, we must have minimal standards to be imposed upon election managers…when the election managers fall below standard, court must hold them accountable…” Mutuma said.
Mutuma said IEBC standards should be checked against what was achieved. He submitted that malpractices were so serious, the results must be nullified.
He said the result was not verifiable, not accountable and open to manipulation.