The Supreme Court has ruled that the Independent Electoral and Boundaries Commission – IEBC flouted the constitution by declaring the presidential results of the August 8th general elections without all the verified and scanned Forms 34A and Forms 34B .
The Supreme Court also found the electoral commission in contempt of court after failing to heed to its orders to allow the petitioners and third respondent access its servers.
According to the Deputy Chief Justice Philemona Mwilu, the refusal meant that the IEBC system was infiltrated and its data interfered with and instead provided pre-downloaded logs.
“The IEBC failed to conduct election in simple, accurate, credible, verifiable and accountable manner,’’ the DCJ said.
In the judgement, Judge Mwilu said IEBC was required to provide certificates of penetration tests on the transmission systems but it failed to do so.
The Supreme Court judgement follows a successful petition filed by NASA leaders Raila Odinga and Kalonzo Musyoka who cited massive irregularities that compromised the results in favor of President Kenyatta.
Judges David Maraga, Philomena Mwilu and Isaac Lenaola are justifying reasons as to why the Presidential election results were annulled while their colleagues Judges Njoki Ndugu and Prof. Jackton Ojwang are set to give their reasons on their dissenting opinions.
The petitioner had submitted that the electronic system to transmit results used in the August elections was not simple, secure, transparent, accountable and verifiable in line with Article 81 of the constitution.
The petitioner through a team of lawyers led by James Orengo had cited discrepancies in forms 34A, 34B, and early transmission of results into the system a day before 8th August 2017.
In their ruling the Judges are referring extensively from previous rulings and the Krieglar commission that investigated the conduct of the 2007 general election.
Meanwhile, Judges Smokin Wanjala and Mohamed Ibrahim are not in attendance of today’s session. All interested parties are represented by their counsels while the political class includes Raila Odinga, Kalonzo Musyoka, National Assembly Majority Leader Aden Duale and Senator Kipchumba Murkomen.
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