With the Presidential election petition set to kick start Saturday, 7pm with the pre-trial conference, several things have emerged and perhaps, could be the determinants in the case.
First, the credibility of forms used to process Presidential election results will come to play seeking to establish if or not anomalies cited in them were enough to alter the vote outcome in favor of Uhuru Kenyatta.
Raila has argued that there was a lot of inconsistency and inaccuracies in the Forms 34A, 34B, 34C and results transmitted electronically to IEBC portal.
He says they project a huge variance between what has been written and what is streamed in IEBC electronic portal.
Technology employed by the commission will also form part of the debate in court where the poll agency, IEBC may be required to hand over its 40, 883 KIEMS kits for audit.
IEBC servers which were used for transmission of results will also drive the agenda by NASA in trying to prove foul play by Jubilee.
Raila’s team led by senior counsel James Orengo wants IEBC to submit all their kits, logs and servers for an audit.
So far, the IEBC has submitted Forms 34A, 34B and 34C.
He has also said that IEBC systems were tinkered with to tilt favor for Uhuru.
NASA legal team during the final day of submitting their arguments said the entire technology employed by IEBC was intentionally tampered with to give a win for President Uhuru Kenyatta.
Raila also says that the number of rejected votes was inflated.
“…the commission configured or allowed systems to be corrupted so as to inflate the number of rejected votes in a manner that had effect on the number of both myself and Uhuru Muigai Kenyatta,” says Raila in his application as quoted Daily Nation.
He also says that results transmitted to the national tallying centre at the Bomas of Kenya were multiplied due to a “computer algorithm that had had an 11 per cent factors marinated throughout the transmission.”
But IEBC lawyers will place the burden of proof on NASA legal team to prove their accusations as data entered in transmission gadgets which relayed provisional results was not actual results but “statistics”.
By Pharis Kinyua. He’s an online journalist and an author for Jamhuri News.