The electoral commission has dismissed the National Super Alliance's tally of the presidential results which showed leader Raila Odinga ahead of President Uhuru Kenyatta.
The Opposition on Thursday said their candidate garnered over 8.04 million votes against Uhuru's 7.2 million.
But IEBC's Wafula Chebukati, in his response to NASA, said the commission has reviewed the document the Raila attached and have concluded it has anomalies.
"Although you refer to data that supposedly supports the number of votes referred to in your letter, you have not attached copies of Form 34As or 34Bs or the raw data allegedly contained in the IEBC servers for purpose of authentication of your tabulation and comparison with the actual data received by the Commission."
"We are, therefore, unable to comment on the character of the alleged raw data since we have not seen it. We request that if indeed you have such data, you forward it to us for our review and verification," Chebukati said.
The electoral agency boss said the document NASA sent the commission is "in any case obviously and plainly falsified and contains elementary errors."
Chebukati pointed out errors among them the total number of registered voters which currently stands at 19,611,423 and not 19,601,502 as NASA indicated.
"Further, your data fails to detail or include the diaspora and prison voters."
He also noted that the total number of votes cast in Siaya County which was given as 482,772 exceeds the total number of registered voters which is indicated as 457,953.
"The total number of registered voters in Nyamira County is indicated as 278,853 yet the total number of votes cast is 2,411,731. This erroneous number is included in the total voter turnout, which according to NASA is 18,362,556," the letter reads in part.
"Basic arithmetic will show that a total turnout of 18,362,556 against a total sum of registered voters of 19,601,502 registered voters represents a turnout of 93.68% and not 73.82% as indicated in your document," Chebukati said.
The commission also highlighted that the total number of votes cast in Nyamira County which shown as 2,411,731, is the exact number as the total number of votes cast in Nairobi.
"In addition, a basic reading of the column representing the total number of votes cast in Nairobi county in Column 3 is shown as 2,411,731 while the last Column indicates 16,936,696."
"The running totals are also obviously wrong. The figure in Column 3 of the total votes cast should be the same as the aggregate for the votes cast for the eight presidential candidates which are set-out in the last column," he added.
IEBC further cited errors in NASA document, which is given as 16,993,696, as different from the aggregate of the individual votes cast, which is indicated as 18,362,556.
Further, the commission said the annotation dbo showed that the information in NASA document shows that it is a print out from Microsoft SQL database.
"The Commission is on record that its results management platform runs on an oracle database which is intact and secure."
Chebukati added that they are committed to strictly comply with the provisions of the Constitution and the law.
"In that regard, the Commission will only declare the results of the Presidential Election as directed by Article 138(3)(c) & 138(10) of the Constitution. The Constitution and the law do not envisage a situation where a candidate in an election demands that he be declared the winner of an election based on results that he has provided to the Commission."
He added that the Raila team needs to note that Article 249 of the Constitution stipulates that the Commission is independent and not subject to the control of any person or authority.
"In the circumstances, the demands in paragraphs 1 & 3 of your letter constitute a direct violation and breach of the independence of the Commission and are therefore unconstitutional," Chebukati said.
He said the Commission, in compliance with the negotiated agreement for presidential candidates to have access to forms 34A and forms 35B, provided the said account to each candidate.
"NASA has, through its chief agents, continued to participate in confirmation of results of Form 34B at Bomas. Form 34As have been available for some time now on the Commission’s public portal," Chebukati added.
"The Commission is aware that a large number of members of the public have accessed the said information. From the time the information was uploaded, there have been no claims from members of the public regarding any inconsistencies or deficiencies with the information."
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