The Supreme Court of Kenya has found gravious discrepancies and anomalies in the just concluded scrutiny of ballot papers from 41 polling station at Forodha House
According to a report tabled on September 1 and signed by registrar of Supreme Court Hon. L.M Wachira revealed that six polling stations did not have Forms 34A and others had used ballot boxes
Affected areas included Kamwangi Primary School stream 5 of 6 in Gatundu North Constituency, Kawaida Primary School in stream 1 of 6 at Kiambaa constituency all in Kiambu County
Others included Chebunyo primary school stream 1 of 2 in Chepalungu Constituency, Gorgor Primary School and Kagasik Primary in Sotik constituency in Bomet County as well as Kakamega High School in Kakamega county all did not bring out their form 34A
Shockingly, six ballot boxes have been used and covered with varying populated carbon copies contrary to the original copy and carbon copies
Further, the registrar noted that some of the returning officers who were present during the exercise only became aware of the anomalies during the recount
All returning officers had no explanation for the absence of Form 34 A book 2. They indicated that they had just learnt of the anomaly during the scrutiny
Kiambaa constituency returning officer explained that her presiding officer used book 2 because he had spoilt book 1.
They, however, did not present the spoilt Form 34A book 1 for the team’s scrutiny, and the Polling Station Diary (PSD) did not indicate that the Form 34A book 2 had been spoilt,” read the report in part
Further, the registrar noted that some of the returning officers who were present during the exercise only became aware of the anomalies during the recount
“Other returning officers had no explanation for the absence of Form 34 A book 2. They indicated that they had just learnt of the anomaly during the scrutiny.
“The Kiambaa constituency returning officer explained that her presiding officer used book 2 because he had spoilt book 1. They, however, did not present the spoilt Form 34A book 1 for the team’s scrutiny, and the Polling Station Diary (PSD) did not indicate that the Form 34A book 2 had been spoilt,” read the report in part.
In regard to the variance of numbers in Forms 34A and ballots recounted, it was noted that there was no major difference except in one polling station where 1 vote of Raila Odinga was added to that of President-elect William Ruto.
This was recorded in a polling centre at Nandi Hills Primary school.
Other anomalies noted in the scrutiny of Forms 34A were varying figures in the carbonated copies of Forms 34A which affected 9 poling centres.
In some instances, the agents scrutinising the ballot papers could not agree on the figures as the numbers were faint.
“Due to feint text, there was no consensus as to the actual figure for the result for Ruto on the Form 34A between ‘282’ or ‘288’ in Ol Joroorok Primary School (Nyandarua county),” the report stated.
Additionally, in some ballot boxes, unused ballot papers were missing. This case was recorded at Kiheo Primary School in Nayandarua County.
Regarding the security of the ballot papers, it was reported that the majority of the boxes were sealed. However, some of them had discrepancies in the serial numbers.
“There was no evident damage to the ballot box on receipt from the IEBC in regard to Ol Joroorok Primary School (Nyandarua). However, it is noted that there was a small crack in the corner of the ballot box lid.
“There was also a difference between the serial number for one ballot box seal when compared to the entry in the Polling Station Diary (PSD),” the registrar wrote.
The Supreme Court ordered the scrutiny and recount of votes on August 30 following applications made by petitioners – Raila, Khelef Khalifa and Youth Advocacy for Africa (YAA).
The trio are among seven petitioners challenging Ruto’s election victory. During the recount, IEBC, the Supreme Court, the petitioners and the two leading candidates and running mates were represented by the agents