The intrigues surrounding the validity of the August 8 presidential election results ramps up with National Super Alliance technical adviser David Ndii claiming that the votes of its flag-bearer Raila Odinga were stolen in favour of his opponent Mr Uhuru Kenyatta.
During a media briefing at the Nasa tallying centre in Nairobi’s Runda estate, Mr Ndii said they are not pleased with the conduct of the Independent Electoral and Boundaries Commission (IEBC) because the integrity of the election has been compromised.
"We are not in the business of replicating the IEBC illegality," Mr Ndii said.
His statement followed a similar one issued by MPs-elect who are members of parties that form the coalition.
They were led by Mr John Mbadi (Suba South), Mr Chris Wamalwa (Kiminini), Mr Opiyo Wandayi (Ugunja) and Mr Tom Kajwang’ (Ruaraka), among others.
Mr Ndii cited a case of Sirisia constituency in Bungoma County where the Nasa agent declined to sign form 34B because the Returning Officer (RO) did not announce the results at the constituency level as required.
Article 138 of the Constitution of Kenya outlines the processes to be followed before the results are announced by election officials.
At the polling station, the presiding officer is required to count all the votes and upon confirmation from the parties’ agents, key them in form 34A.
He is then required to scan the form, transmit the scanned document to the constituency returning officer and physically present the form at the constituency centre.
The constituency returning officer is then required to log the presiding officer’s details into the results transmission system to check whether they tally with what is contained in the form.
Upon validation and with the agreement of the parties’ agents, the RO is required to key in the results into form 34B, sign, scan and transmit the form to the National Tallying Centre, which is at Bomas of Kenya.
He is then obligated to physically present the form to the tallying centre for validation.
At the National Tallying Centre, the constituency returning officer’s username and password will be entered into the database to check whether the two sets of results are congruent.
Once validated, the details will be keyed into form 34C and aggregated with the other forms from all the 290 constituencies.
The person who receives majority votes will then be declared the winner by IEBC chairman, who acts as the Returning Officer in the presidential election; who is Mr Wafula Chebukati.
However, according to Mr Ndii, the IEBC ignored this requirement "because it assumed the role of the constituency returning officers".
"Our obligation is to tell the IEBC to follow the law. Don’t declare constituency results because that is not your mandate," he said, noting that the commission had made it extremely difficult for the coalition to access forms 34B to compare with what they have from their constituency agents.
He also noted that the IEBC had chosen to bombard Kenyans with a national aggregate that cannot tell which results came from which constituency.
Earlier in the day, two individuals suspected to be police officers were seized and detained by Nasa security agents for about 45 minutes for trespassing.
Mr Joseph Shimekha, who chairs the Nasa board responsible for agents coordination, said that the two men infiltrated journalists who had come to cover a press conference.
But they got into more trouble when they failed to produce job identification cards that would indicate the media house(s) they are from.
"We noticed that amongst the journalists, there were two suspicious characters who had illegally gained access.
"I confronted them but realized they were not journalists because they were armed.
"An argument ensued and we managed to hand them over to our security officers and alerted our legal team," Mr Shimekha said at the Runda tallying centre.
Mr Shimekha said that extra measures will be taken to ensure that their work is not frustrated by anyone.
However, the IEBC had said that the results being uploaded on its website will only be official when they have been verified.
Again, it has denied several claims made by Nasa such as its system was hacked.
Mr Chebukati is expected to announce the final results today.