Julie Soweto: Some of Raila’s votes were added to Ruto

Julie Soweto, one of the lawyers on Raila’s legal team, has argued that 41 form34As received from polling stations differ with those that were at Bomas of Kenya, the National Tallying Centre for the 2022 general election.

Referencing petitioner Celestine Anyango’s affidavit, Soweto stated that the form 34As in question were from three counties namely Bomet, Kiambu and Kakamega counties.

“In Celestine Anyango’s affidavit, the complaint is made that in 41 forms from the polling stations that she looked at, the form 34As received by the petitioner’s agents vis a vis the form 34As uploaded in the IEBC portal and those brought to the tallying centre are different,” she argued.

Soweto further stated that they were unable to match the forms that they have with what the Independent Electoral and Boundaries Commission had, claiming a discrepancy on IEBC’s part.

“The IEBC had stated that it would procure and the features in those forms that should have been used in the election. It is our contention that what the IEBC set out to procure is not what they procured in the first instance. Therefore we cannot even match the forms that we have and that have been provided in the election to what they had set out to procure.”

According to Soweto, the figures in form 34As in the IEBC portal had been tampered with claiming that some votes had been reduced from Raila and added on to Ruto’s.

“It is in 41 samples of forms exhibited by Celestine Anyango that votes have been reduced from the first petitioner and added to the first respondent. We have calculated the total number of votes reduced from the first petitioner and added to the first respondent and they add up to 2,793 votes. We content that the figures are important because of the slim margin with which the first respondent won the election or was declared the winner in the election,” she said.

In some circumstances such as in Kakamega county, Soweto claimed that Raila’s votes would be deducted but not added to any particular candidate. She went on to give another instance in Chepalungu constituency in Bomet county where Raila’s votes were allegedly transferred to Ruto.

“In Chepalungu, polling station 1 of 1, the physical copy of the form 34A that was given to the agent the first petitioner had 61 votes, in the form that was uploaded, the first petitioner has 1 vote. In the form 34A in the same polling station, the first respondent William Ruto had 109 votes, in the form 34A, William Ruto has 169 votes. The 60 votes that are reduced from the first petitioner are added to William Ruto. The total votes remain the same. The same continues in all the 41 polling stations that we have sampled.”

The total number of votes reduced from Raila and added to Ruto is 4,463 votes, as per evidence presented to the Supreme Court judges by Raila’s legal team.

The Supreme Court judges led by Chief Justice Martha Koome are to determine on the below as far as the form 34As matter is concerned:

1.Whether there was interference with the uploading and transmission of Forms 34A from the polling stations to the IEBC Public Portal

2.Whether there was a difference between Forms 34A uploaded on the IEBC public portal and Forms 34A received at the National tallying centre and forms 34A issued to the agents at the polling stations.

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