What transpires on the court ruling tomorrow will be determined by the Judges today in a secluded hotel in Nairobi. The judges are busy looking for ways of getting away with the case and end the chapter.
According to the latest updates, it shows that the ICT experts from both ends did not have enough access to the IEBC server hence denied the right to excise their duty. They were given the logs on an external hard drive and a booklet talking about the logs and processes.
The seven judges are in a secluded Nairobi hotel. This comes a day after receiving a judiciary-commissioned audit indicating anomalies in at least 121 Forms 34B, used to declare constituency presidential results.
It has been received 70,000 pages to consider. Opposition chief Raila Odinga wants the court to overturn President Uhuru Kenyatta’s reelection and order a new election. He calls the August 8 vote shambolic, a charade.
Also on the bench are Chief Justice David Maraga, DCJ Philomena Mwilu and Justices Jackton Ojwang, Smokin Wanjala, Njoki Ndungu and Isaac Lenaola.
Expert reports tabled before the court show at least 121 forms out of 291 scrutinised contained various anomalies.
According to the report by Supreme Court Registrar Esther Nyaiyaki, 291 forms 34B — representing the 290 constituencies and the diaspora — were scrutinised by NASA experts.
Some 56 forms did not have watermarks, a security feature that was part of the contract between the IEBC and Dubai printer Al Ghurair.
Another 31 forms had no serial numbers, while five forms were not signed by returning officers.
Raila’s lawyer James Orengo has termed the Judiciary report “the smoking gun” and argued nearly five million votes were at stake in constituencies with “irregular” forms.
“Our case has been proved that forgery, alteration of documents fakery and deception have been used in various ways, including one in which the server was used,” Orengo told the court on Tuesday night.
Raila has built his case that Uhuru was declared without requisite statutory forms and then IEBC fraudulently procured fake forms to justify the win. Lawyers for the IEBC and Kenyatta have rubbished the claims. The judiciary audit indicates, however, that of the 291 forms, 236 forms bore watermarks, while another 261 had serial numbers.
At least 281 were signed by returning officers, 225 were signed and stamped by the ROs and two were only stamped. Some 260 forms were signed by agents, and 32 not signed, according to the report.
Besides the audit of forms, there was a separate audit by the court on the ICT system, including the IEBC computer servers.The report prepared by Professors Elijah Omwenga, Joseph Sevilla and Janet Kadenyi observed that IEBC allowed only partial read-only access to its servers, with no copy capability or access to database logs.
The NASA and Jubilee verdict will be given tomorrow and leaders across the world urged the people in Kenya to excise peace and accept the Out come. "The judges are your sons and daughters, brothers and Sisters so we believe there will be peace but not dividing the country into pieces. " UN official said.
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