Azimio raises queries about declaration forms

Azimio-One Kenya representatives who accompanied the electoral agency’s team to Greece to inspect printing of election materials has raised questions about election declaration forms.

Raila Odinga presidential campaign chief legal advisor Paul Mwangi (below) said they had written to IEBC chair Wafula Chebukati, raising questions about the printing of Form 34As labelled Book 1 of 2 and Book 2 of 2.

“The team sought a clarification from the commissioners representing the commission during the visit and the explanation given was that extra Form 34As were needed in each polling station because there was need to give copies to election observers, media and other stakeholders,” he says in his letter to Chebukati.

Mwangi, however, rejects the explanation by the commissioners, saying Book 2 of 2 from which it is alleged copies for stakeholders will be obtained is more than just a copy.

According to Mwangi, the second book of form 34As is a set of fully fledged complete with all security features similar to those in Book 1 of 2.

“A form 34A from Book 2 of 2 satisfies every requirement of electoral laws and regulations and can be used in substitute thereof.

 It is clear that Book 2 of 2 was never intended to be a copy of Book 1 of 2 because it has a separate and distinct serial numbering. Book 2 of 2 is not an intended continuation of the declaration in Book 1 of 2 but actually a separate and parallel result declaration form,” said Mwangi.

He went on: “The only original Form 34As that the commission needs in this presidential elections are six – one for the National Returning Officer, one for each presidential candidate and one inside the ballot boxes to be sealed with other election materials. Everything else can be filled out as copies on any form of stationery.”

Serial number

Mwangi said his team had also observed that there was no Form 34B and that the commission had not given the firm an order to print them.

Mwangi explained that Form 34B is provided under Regulation 87(1)(a)(b) of the Elections General Regulations of 2017 and its format provided in the schedule of Forms.

Form 34B, Mwangi, explained is a security document which the elections regulations demands must have a serial number that is printed in the form beforehand.

“In all elections, Form 34B has always been printed with similar security features as Form 34A and the rest of the elections materials.

There is no room for the commission to exercise any discretion in this matter. The commission must print Form 34Bs on the same footing as it has printed Form 34As.”