Lawyer Julie Soweto appearing for the main petitioners Raila Odinga and Martha Karua dropped a bombshell Friday morning as legal counsel for respondents and petitioners made their final responses.
Julie Soweto.
Ms. Soweto used a PowerPoint presentation to demonstrate from the IEBC portal that one Jose Gregorio Carmago, a Venezuelan national who was initially arrested at JKIA in connection with the Kenyan elections was indeed culpable.
"In Gacharaigo Primary School stream two, the IEBC stamp looks like it has been superimposed over another stamp. We have been asked to show how the figures changed and I'm going to do that using the IEBC portal to demonstrate that."
The above Form 34-A was generated from a KIEMS kit with a unique IP address but still was infiltrated by a foreigner.
She then proceeded to prove that Form 34-A generated by the KIEMS kit in Nyeri contained replicated results from another form generated from a polling station in Mount Elgon.
"One KIEMS kit transmitted similar results from Mount Elgon and Nyeri simultaneously", said Ms. Soweto, adding "The only way 11,000 KIEMS kits could transmit from one location is that forms were intercepted, manipulated, and sent to the IEBC portal by someone with illegal access to the whole process."
The original Form 34-A is a colored document but all the form34-As in the IEBC portal are black and white. Mr. Mahat for the ninth respondent claimed that images or JPEG images automatically translate to PDF documents on the KIEMS kits.
Legal Counsel from the Independent Electoral and Boundaries Commission Prof. Githu Muigai found himself cornered when he had to address himself the issue brought up by Justice Njoki Ndungu the previous day.
"If the other Commissioner's role is peripheral as you attempt to paint it, who gazettes or publicly announces results of the election of governors, senators, and the others? Does the commission collectively play a role or is the Chair overriding all decisions? Prof. Muigai you sat on CKRC. Drafters of the constitution introduced independent commissions to deal with authoritarianism & do away with issues of one person having power. From the narrative in court, there appears to be an all-powerful chair."
The court will now retire to make a determination.
To this Professor Muigai responded that the constitution envisaged that given the Independent Electoral and Boundaries Commission's unique nature Chairman Wafula Chebukati could also have "Executive" roles.
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