The Azimio la Umoja One Kenya Coalition now claims election results from 27 constituencies were omitted in the final tally declared by IEBC chairman Wafula Chebukati.
In its presidential petition filed in the Supreme Court Monday, the Raila Odinga-led coalition says Chebukati should have declared the results as provisional pending the tallying and verification of results from the 27 electoral units.
"The tally and count in the aforesaid 27 constituencies would have affected the outcome of the presidential election," Azimio said.
The constituencies include Borabu, Mvita, Matuga, Kilifi North, Kapenguria, Ndaragua, Kacheliba, Narok north, south and west as well as Kajiado East.
Others are Kanduyi, Rangwe, Nyakach, Ndhiwa, Suba North, Kuria east, Bomachoge, Kitutu Chache North and West Mugirango.
The coalition says prior to the August 15 declaration, IEBC was yet to upload on the public IEBC portal Forms 34As from the 27 constituencies.
"The final results declared by the 1st Respondent was therefore not complete, accurate, verifiable or accountable and cannot be the basis for a valid and legitimate declaration."
Additionally, the Azimio team claims none of the four presidential candidates attained the Constitutional threshold of 50 per cent plus one vote to be declared the outright winner of the August 9 presidential contest.
According to the coalition, Ruto attained 49.997 per cent of the total valid votes and not 50.49 per cent.
This, they say, is demonstrated by the contradictory figures Chebukati issued on the number of voter turnout and valid votes cast.
They said on August 10, the chairman indicated that 65.4 per cent of Kenyans, the equivalent of 14,466,799 voters, were captured on KIEMS kits as having cast their votes on polling day.
He, however, indicated that the number was likely to rise after voters who cast their ballots after being identified manually are included.
"Contrary to the above declaration and reasonable legitimate expectation, the final voter turnout captured and declared in the final 'results' of the presidential election Form 34C is stated to be 14,213,137 which is absurdly lower and not higher as anticipated," Azimio argues.
They further argue that the aggregate valid votes of 14,213,027 attained by all the four presidential candidates varies from the final valid votes of 14,213,137.
"Going by the chairperson's own representations to the public, the commission is unable to account for over 250,000 votes that were cast in the election excluding voters who voted manually."
This, Raila says, cannot be treated as a minor error.
"Nonetheless, there is a variance of 140,028 votes between the total number of votes as recorded in Form 34C and the total number of votes identified using the KIEMS kits," he says.
