3. Form 34As
The NASA coalition, according to lawyer Pheroze Nowrojee, had written to IEBC seeking the forms but they only got some and a letter saying the commission was “unable” to provide Forms 34 A.
“How then did they get to the results,” posed Nowrojee. “Why were 11,000 Form 34As missing six days after the elections?”
The bench will have to decide as to whether the provisions of the law were followed in the declaration of the results.
4. Inconsistencies
It is now upon the court to check whether the alleged inconsistencies were clerical or deliberate as asserted by the respondents and the petitioner respectively.
According to Mr Odinga’s team the discrepancies had been determined whereas IEBC, Mr Chebukati and President Kenyatta noted that the errors were clerical and not deliberate.
The 4 issues will form the basis on which the Judges will decide whether to uphold or throw away the petition.
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