The Independent Electoral and Boundaries Commission (IEBC) has asked the Supreme Court to dismisses activist Okiya Omtatah’s voter turnout evidence.

The commission made the assertion claiming Omtatah’s evidence is leading the court on how the Kenya Integrated Election Management System (KIEMS) technology system works.

The activist claimed in his evidence that 1,665,412 people voted between 5pm and 8.45pm on August 9.

He argued that the surge in votes was impossible since the voting exercise had ended at 5pm.

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However, the commission’s lawyer Mahaat Somane said Omtatah does not understand how the Kenya Integrated Election Management System (KIEMS) kit works therefore rendering his evidence defective.

“This is a faulty analysis and you really have to understand how the KIEMS kit works, if the KIEMS kit is not able to get the network it will keep the information for the next two hours and that is how the numbers change,” Somane said.

“The polling will close but some kits will be sending the numbers of how many people went through and that’s how we know the numbers the KIEMS transmitted.”

Somane also asked the Supreme Court to throw out Omtatah’s evidence saying the voter turnout which was reported to be 64.6 per cent does not determine the end result of a presidential election.

“There is this fascination by the petitioners on turnout, we don’t use turnout to determine the presidential election. We give turnout for transparency to know how many people passed through the kit,” Somane said.

Omtatah argued that the figures for valid votes cast of 14,213,137 and 14,213,027 conflict because the results were worked in reverse to arrive at the predetermined outcome