The National Super Alliance’s (Nasa) election petition to the Supreme Court delivered late on Friday night calling for Kenya’s election to be declared null and void contains, according to the press, a 24-page summary of their complaints and 25,000 pages of ‘anextures’ by way of supporting evidence. Other reports say the number of supporting pages is nearer 4,000 but either way, if the figures quoted in the press are accurate, the Nasa submission doesn’t add up to a case that will result in the election result being overturned.
Earlier claims that the Independent Election and Boundaries Commission’s (IEBC) computer system had been hacked appear to have been dropped, as has the claim that lower number of votes cast for governors and Members of the House of Assembly compared with the turnout in the presidential vote suggested that the latter was rigged.
NASA’S ALLEGATIONS IN MORE DETAIL
The petition alleges that forms election forms were not signed properly in the Maara; that in Chepalungu the forms 34B (the results as tabulated at constituency level) were “not handed over in the prescribed manner”; and that in Dagoretti polling agents had not signed the form 34B. Even if true, that won’t come anywhere near overturning a constituency vote let alone the national vote for president.
The Nasa petition, however, does set out some precise figures.
In Isiolo North and Loima, Nasa allege, Uhuru Kenyatta’s vote was improperly increased by 5,422 and 7,934 respectively, the petition claims.
In Bureti Nasa claims Kenyatta’s vote was eventually recorded as being 9,025 votes more than the result first announced (the electronic transmission).
At Nyakwara Primary school 326 votes allegedly went missing. A further 282 in Wajir were improperly given to Kenyatta it was claimed. At Gem, 76 votes allegedly went astray. And at Mwala a further 21 votes were, according to the Nasa petition, cut from Raila Odinga’s vote.
If that’s the case, and it seems to be the sum of the Nasa case, and if we assume that all the votes listed should have been counted on Nasa’s flag-bearer Raila Odinga’s side, not for Uhuru Kenyatta, that would slash Kenyatta’s majority in the Presidential election from 1,441,066 votes to 1,417,780 votes.
Whether we like it or not, Kenytatta won, Odinga lost: case pretty much closed.