Lawyers Paul Mwangi and Julie Soweto who are representing the Azimio la Umoja presidential candidate Raila Odinga and his running mate Martha Karua have shown evidence suggesting that the August 9 general election had been tampered with.
Mwangi, used a Form 34A from the Gacharaigu Primary School polling station in Kangema Constituency, Murang'a County uploaded to the IEBC website, showing the form on top of other documents, with one of the documents bearing the name Jose Camargo.
"Was this document photographed by the returning officer at Gacharaigu Primary school sometime possibly at 8 o'clock in the night, or is it possible that this document had been photographed somewhere in some office and uploaded," he said.
He asked the court to read the report provided by the Directorate of Criminal Investigations on the Venezuelans saying that the petitioners believe he was part of the team that stole their victory.
Camargo Castellanos Jose Gregorio together with Joel Gustavo Rodriguez Garcia and Salvador Javier Suarez were all arrested on July 21 at JKIA with election materials leading to a standoff between IEBC and the police.
There were claims that the three were part of the team from Smartmatic International B.V., the company contracted by IEBC to provide technological support for the election.
On her part, Soweto used the same form 34A, focusing on the IEBC stamp on the document, saying it appeared as if the stamp was placed on top of another stamp.
She said close scrutiny of the numbers on the form shows that the actual voter turnout could have been 455 but the number was changed to show 488.
"If we sum up the votes, we get 316. The total votes cast according to this particular form are 321 different from what we have just seen. The rejected votes are four which means already by calculation there is a problem," she said.
She said that despite Eric Gumbo who is representing IEBC telling the court that the foreigner who had been contracted to form part of the maintenance team had been logged out of the system, the evidence shows a different story.
"This person [Carmago] is the one who was interfering with the forms, we are able to demonstrate," she said.
Soweto also showed that two Forms 34A from Psongoywo Primary School polling station in Mt. Elgon, Bungoma County and from Thunguma Primary School polling station in Nyeri town constituency, Nyeri County, had the same serial number F230450M00204133.
The two forms were uploaded on the IEBC portal on August 9, 2022, at 1956hrs and 2349hrs respectively.
"This is the same KIEMS kit transmitting or sending results one from Mt Elgon 1,000 kilometres from Nyeri town two hours later, how is that possible? When each polling station had its own unique Kiems kit which was supposed to transmit its own unique IP address," she said.
Soweto added that the petitioners had identified more files that have the same issue.
"We did not give this court a fiction, what we gave the court happened," she said.
She said that the 11,000 polling stations that the petitioners complained were staged had all been uploaded from the same IP address yet each form ought to have had its own unique IP address.
She said that the forms had been intercepted and a decision made on which ones could be intercepted before uploading them to the IEBC system.
