We will take two days to scrutinize kits, forms: Orengo

The National Super Alliance has said it would need at least two days to peruse through the kits and forms used to process the results of the presidential election.

Under questioning by judges Isaac Lenaola, Mohamed Ibrahim and Chief Justice David Maraga, Nasa lead lawyer James Orengo set out the times it would take to scrutinise the Forms 34A and 34B and the kits used to identify voters and transmit the results.

KIEMS KITS

He said that it would take at least three hours to scrutinise the 40,883 Forms 34A, one hour to go through the 290 Forms 34B and two days to look through the kits that were part of the Kenya Integrated Elections Management System (Kiems).

Mr Orengo referred to a quote by Joseph Stalin and then modified it to fit the Kenyan case.

"The practice in Kenya has been that it is not who votes but who counts the votes that matters," Mr Orengo said as he launched his bid.

REPORT
Asked by Justice Lenaola what they would do with the forms, the kits, the servers and logs, Mr Orengo said a report would be submitted to court.

Mr Orengo said the forms supplied by the Independent Electoral and Boundaries Commission were forgeries and showed the judges one he said had a barcode indicating that it was from France.

He said the court should have the original ones filed at the polling stations and the constituency tallying centres submitted.

EVIDENCE
But IEBC lead lawyer Paul Muite said the originals are available and in Nairobi if need be, and that they could be examined by all parties under the court’s supervision.

He however opposed the application to have the equipment brought.

"I have talked to our experts and it would take a minimum of three weeks. Three hours is not practical, it is not possible," he said as he described Nasa’s quest as a fishing expedition.

"It is not for this court to assist the petitioner to look for evidence," he added.

HACKING
He said the answer to what Nasa is seeking is not to spend the next two months at the court with their experts but to look at the forms provided as they reflect the decisions of the Kenyan voters.

"A lot of falsehoods and propaganda has been spewed against us.

"My client had no favourite candidate. Its job was to facilitate Kenyans to elect a candidate of their choice," he said.

He challenged Nasa to either pursue the line that the IEBC’s systems were hacked or that the forms were fabricated.

CONSULT
Mr Kamau Karori argued that given Nasa’s assertions that the IEBC’s systems were hacked and that the forms provided were forgeries, there would be no point in going back and then having the servers, kits and forms then.

"Let them produce the evidence they say they have," Mr Karori said.

Mr Fred Ngatia, President Uhuru Kenyatta’s lawyer, said Mr Orengo should be given the opportunity to consult his client, Mr Odinga, on what to do about the concession by Mr Muite regarding the availability of the original forms.