Still on the numbers, the Supreme Court will also have to determine exactly how many people voted in the disputed polls.
The petitions before the apex court have accused Mr Chebukati of tinkering with the voter turnout figures to ensure Dr Ruto attained the 50 per cent plus one votes constitutional requirement for a first-round win.
While announcing the final results, the IEBC boss held that 14,213,137 valid votes were cast in the election and 113,614 rejected.
But an addition of the votes each candidate got totals 14,213,027. This leaves a difference of 110 votes, which Azimio’s candidates hold is one of several discrepancies in the final results announced.
The court has been asked to take note of Mr Chebukati’s third briefing after closing of the voting stage, in which the IEBC chairman said 65.4 per cent of registered voters turned out.
The percentage would put the number of voters at 14,446,779, excluding those that were identified through a printout of the voter register.
A majority of the petitions hold that Mr Chebukati’s final proclamation of 14,213,137 is inaccurate as it lowers the number of voters and gives Dr Ruto an unfair advantage.
“This means that, because the chairman did not factor in those who voted manually, there are at least 140,028 untallied votes (being 14,466,779 minimum cast votes minus 14,326,751 declared votes cast),” Mr Omtatah says in his petition.
After all the parties have filed their pleadings, the Supreme Court will be tasked with confirming whether result forms transmitted from polling stations were being swapped with fakes to increase Dr Ruto’s tally.
Mr Odinga and Ms Karua hold that a sample of 42 forms in Bomet and Kiambu counties shows that in the forms uploaded onto IEBC’s portal, Azimio’s votes were deducted and added to Dr Ruto’s tally.
Azimio wants the court to order a forensic audit of all forms uploaded onto the IEBC portal to establish how many were different from the physical copies from polling stations.
The petitioners argue that in Mr Odinga’s strongholds, votes would be deducted from the former Premier but not added to anyone. It further states that in other areas, the votes that were deducted would be stuffed in Dr Ruto’s corner.
The stuffing, Azimio says, gave Dr Ruto an additional 217,631 votes that not only pushed him past Mr Odinga but also created a false impression that the DP met the 50 per cent plus one vote requirement.
The court is also expected to rule on whether the IEBC systems were hacked by outsiders who had orders to stack up Dr Ruto’s votes.
Former anti-corruption czar John Mark Githongo has filed an affidavit that could reopen the 2017 debate on access to IEBC servers.
Mr Githongo says he interviewed one of 56 hackers hired by Kenya Kwanza operative Dennis Itumbi to ensure a Ruto win.
The alleged hacker claimed that his team would receive result forms from the IEBC’s Kiems kits, alter the figures and then dump them onto the online portal.
The hacker held that the original forms are on IEBC’s servers, a claim that could lead to an order for access to the servers to confirm whether there were any discrepancies between what was posted on the polls agency’s website and the tally from the actual physical forms.
Mr Githongo’s transcription of the alleged hacker’s testimony claims that results for some gubernatorial races were also manipulated to ensure Kenya Kwanza had its way in counties of interest.
Access to the servers may also settle the question of whether some forms were altered on IEBC’s portal as claimed by Azimio’s candidates.