The electoral agency has dismissed allegations by NASA chief Raila Odinga that it declared results from non-gazetted polling stations.
IEBC lawyers claimed spoilt votes, prisoners and people in diaspora are the reason the final tally had more people voting for president than the other electoral positions.
NASA lawyer Otiende Amollo claimed the variance in the number of people who voted for President Uhuru Kenyatta than those who voted for governor.
He argued that this was a pointer that the elections were rigged in favour of the incumbent.
But the electoral agency’s lawyers said, for instance, prisoners and people living outside the country only voted for the president.
Lawyer Issa Mansour said the errors that had been pointed out were innocent mistakes and the numbers are too insignificant to change the final outcome.
“There were no results that were declared from non-gazetted polling stations. All the forms that were presented in this court are genuine and not tampered with.”
He added that NASA has not presented a single affidavit to the court that challenges the results that came from the constituency levels.
“There was no irregularity in the manner in which the forms were filled by the officers in all constituencies,” Mansour said.
Lawyer Paul Nyamodi echoed his sentiments saying NASA is not contesting the validity of form 34As which recorded election results at the polling stations.
“I submit that the declaration of the presidential results was made as per the requirements of the law,” Nyamodi said.
For his part, PLO Lumumba said submissions by NASA lawyers were riddled with petty grievances and administrative errors.
He accused the lawyers of introducing new evidence during their submissions saying their actions went against the rules that govern submissions.
“This petition is destitute of merit and because it is destitute of merit, it should suffer only one fate, the fate of dismissal.”
