WATCH LIVE as Gambakwe Media looks at allegation by losing Kenyan Presidential elections candidate, Raila Odinga, that Venezuela was involved in the rigging of the 9th of August Kenya Presidential elections.

The allegations have been raised at the Kenyan Supreme court where eight election petitions are being heard challenging the declaration of Dr William Ruto as the winner of the 2022 elections.

The key allegations are as follows:

  1. Form 34As were being intercepted and being changed ( Same handwriting).
  2. The form 34C was edited multiple times to match the form 34Bs
  3. Some data that was not supposed to be on the server was found there.

Key issues for Odinga

  1. Odinga does not seem to have solid evidence to back up his claims.
  2. What are the political implications of nullification of the Kenya elections?

Timeline

7 July 2022 – 3 Venezuelans are arrested at the Jomo Kenyatta International Airport.

9 August 2022 – Kenya holds the 2022 elections

27 August 2022 – Anti terror police recommend a forensic audit of IECB systems.

Please find the key arguments from the lawyers of Dr William Ruto when opposing the election petition by Raila Odinga below.

1. The IECB lawyers said the facts in the 8 petitions do not meet the standard to nullify the elections and are just conspiracy theories. This is an attempted coup and are treason. The AG’ submission must be thrown out with costs.
2. Kenyan politicians lacks the culture of accepting election results, hence they resort to the courts. The Supreme court can not take the role of the electorate.
3. Chebukati has the legal right to declare the elections.
4. The commission is not the commissioners. The commission was not dysfunctional. The commissioners that are disputed the elections are part of the scheme to get the court to overturn the Presidential elections.
5. The law only requires the commission to meet once. More meetings were held during the elections. The four commissioners that are disputing the elections participated in announcing some of the results.
6. The system which was used to transmit the forms has security features that can not be breached. There were thousands of failed attempts to breach the system. The security is military grade. 380 million people accessed the system and it did not even blink.
7. The scanned forms are encrypted and can not be recalled or intercepted.
8. There are security features on the form such as timestamps and digital signatures. There is a signature panel on Acrobat reader which can not be changed.
10. The 34A, 34B and 34 C forms are available for comparison on the publicly available system and will be left available for the next 7 years.
11. The evidence provided by Raila Odinga’s team were forgeries.
12. Some of the data in Odinga’s affidavits are from the last elections.
13. The Venezuelans were locked out of the system on the 8th of August, before the elections.
16. The contract between Smartmatic and IECB was for the supply and maintenance of infrastructure, they had to bring their personnel to run the system.
18. On the date of the election , none of the Venezuelans were in the system. Being in the system does not mean Gaidano had access.
20. Odinga did not have polling agents in certain locations.
21. Postponement of elections in certain areas did not lead to voter suppression.
22. The difference between the Presidential and Senator is only 22 000 , made up of prison and diaspora, who can only vote in Presidential elections. The 500 is stray ballots. There was no discrepancy.
23. There was negligible difference in the Women rep and Presidential elections.
24. There is negligible variance between Governor and Presidential because of stray ballots.
25. Odinga’s lawyers do not understand how voter turnout is calculated.
26. Voter turnout is calculated at polling station.
27. Odinga wants the IECB to report as a percentage of all the people in the voters roll. Instead turnout is calculated using aggregation.
28. Some of the Kiems kits were reported later because of distance and some are manual (229 stations).
29. Chebukati clarified the turnout of 64.5 that he announced and it was based on the total number of stations reporting.
30. Odinga is wrong on the maths and is wrong on the substance and on the strata.
31. Data entry errors are acknowledged .
32. The cron logs attached do not prove access to the forms on the server. These logs were from 2017 and have been disowned by the expert.
33. The process of auditing the voters roll is an ongoing process.
34. The 50 percent plus one was met and the petition should be dismissed.
35. Elections were held in all places in Kenya.
36. The enquiry is limited in scope and Odinga is asking the court to deal with non specific issues.
37. The Ghana courts found that the courts should look for the substantive truth of the elections before looking at finality and stability.
38. The relief sought will take Kenya into a constitutional crisis.
39. Odinga has said he will not participate in an election under the chairmanship of Chebukati. He wants the new election to be supervised by the Vice Chairlady of the IECB.
40. Non of the forms at the polling station have been challenged.
41. Odinga only challenged the elections after he lost the elections.
42. The forms submitted are not attributed to any agent. There is no certificate of electronic evidence.
43. The elections were manual, only verification , transmission were electronic. Any defect in the transmission will not impede the elections.
44. Odinga does not come up with their own tally and what this is based on.

Please watch the video above this post for more details.