An agent of the Azimio la Umoja has thrown a spanner in the works after backing president-elect William Ruto’s case at the Supreme Court by claiming that one of the forms attached by his coalition is fake.
In a replying affidavit to Raila Odinga and his running mate Martha Karua’s petition, Eric Atuma noted that the copy of Form 34A attached to Azimio’s petition did not represent what he submitted to the party.
Atuma oversaw the elections at St. Martin’s School Kibarage polling station in Kitisuru Ward, Westlands Constituency during the August 9 polls. He affirmed that upon completion of the tally, he submitted the form to his party electronically.
IEBC Chairman Wafula Chebukati presents President-elect William Ruto his election certificate at the Bomas of Kenya on Monday, August 15, 2022.
“Upon completion of tallying, all the agents at the polling station were issued with a copy of the duly signed Form 34A and I instantly submitted a copy to my party electronically. (Attached herewith and marked EA-1 is a copy of the said Form 34A). “
“That I have been shown a copy of Form 34A annexed to the Affidavit of Arnold Oginga; Paragraph 13 and the document appearing on page 121 of the Affidavit, ostensibly captioned as “Agent Copy” purporting to be the form 34A emanating from the referenced polling station.
“The form 34A produced in the Affidavit of Arnold Oginga is NOT the true copy of the Form 34A that we obtained from the presiding officer at the polling station and certainly not the electronic copy that I submitted to ODM/Azimio Party,” read an excerpt from his affidavit.
He confirmed that the form he submitted to the party mirrored the document that was then uploaded on the Independent Electoral and Boundaries Commission (IEBC) portal.
“The form 34A contained in page 121 of the Affidavit of Arnold Oginga is neither a true copy of the form that I sent to the Party nor the form 34A contained in the 1st Respondent’s web portal.”
“As an agent of ODM/Azimio in the respective polling station, I wish to confirm that the true representation of Form 34A is that which I sent to the Party and produced herewith marked as E.A 1 and that the same form is in consonance with the Form 34A contained in the 1st Respondent’s (IEBC) portal,” Atuma stated in his affidavit.
Ruto’s legal team has filed an affidavit seeking the Supreme Court to reject Azimio’s petition over lack of evidence. Azimio’s petition seeks to have Ruto’s presidential victory annulled.
Ruto also stated that the tallying and verification process by IEBC was based on the original forms uploaded on the public portal which were signed by the party agents.
The Supreme Court is expected to deliver its ruling on the presidential petitions by Monday, September 5.
Lady Justice Martha Koome (center) and the other members of the Supreme Court bench.