The scrutiny of presidential ballot boxes ordered by the seven Supreme Court judges touching on 54 polling stations has unearthed glaring anomalies putting IEBC on the spot.

A report compiled by Registrar of the Supreme Court which Swala Nyeti has gotten a copy of has revealed that IEBC did not avail ballot boxes from nine “non-existent” polling stations.

“A total of 45 presidential ballot boxes were availed for scrutiny. While 54 ballot boxes were expected, IEBC indicated that nine fell on what they termed ‘non-existent’ polling stations and were therefore not available, this could probably be attributed to typos in the order/request or mismatch,” read the report in part.

The report also revealed that numerous ballot boxes scrutinized by court and judiciary officials together with party agents lacked the required Forms 34A or their duplicates.


According to the report, the glaring anomalies discovered in the ballot boxes raised doubts on credibility of the original Forms 34A used to declare results due to missing duplicates.

The report filed at the Supreme Court by the Registrar also found numerous Forms 34A Book 2 were also curiously missing from numerous ballot boxes in the stations scrutinized.


According to regulations gazetted by IEBC Chair Wafula Chebukati ahead of the August 9 election, Booklet 2 of was meant to be secured unused and sealed inside the ballot box.

“In numerous cases the book was missing within the box. This cast doubt on where the book was and whether it had been used elsewhere against IEBC’s own commitment that it won’t be used during the elections,” read on the report.

The details of the report that had been requested by the petitioners in the case led by Raila Odinga are expected to be discussed by the seven Supreme Court judges on Friday morning.


It was also established that serial numbers of seals of a number of ballot boxes did not match those captured in the Polling Station Diary, while others were curiously overwritten.

Also noted was that manual voter registers and accompanying Forms 32 were not available in most ballot boxes as required by law casting doubt on just how many voted manually.

Form 32 captures details of the number of people identified through the manual register in a polling station, which together with details from the KIEMS kits captures total votes cast.


“This was contrary to IEBC’s own directions to the officers as communicated to presidential candidates,” the report added.

The report says numerous materials were not sealed in ballot boxes in polling stations in Mombasa while all ballot boxes did not have Form 34A affixed to them as legally required.

Polling stations with missing Forms 34A included Majengo Primary School Station 1, Majengo Primary School Station 2 and Mvita Primary School from Station 1 to 8.


In his petition at the Supreme Court, Azimio presidential candidate Raila Odinga has claimed polling station results had been manipulated to fraudulently declare William Ruto president.