NAIROBI, Kenya, Mar 12 – Prime Minister Raila Odinga’s Coalition for Reform and Democracy (CORD) on Tuesday filed a petition seeking orders to compel the Independent Electoral and Boundaries Commission (IEBC) and mobile operator Safaricom to release crucial documents required to file a presidential petition.
Head of the Raila Odinga Secretariat Eliud Owalo filed the petition at the Milimani Law Courts.
Owalo said in a statement that the documents, sought alongside the evidence in their possession, will form an integral element in the petition they intend to file against the declaration of Uhuru Kenyatta as President-elect.
“A petition will this morning at 11 a.m. be filed at the High Court sitting at Milimani, Nairobi seeking orders compelling the IEBC and Safaricom Ltd to furnish us with relevant documentation related to the recent presidential election,” he said.
The coalition plans to file the petition at the Supreme Court by Monday and within the seven days provided for by the Constitution and the Supreme Court Act.
Among the documents that the coalition is seeking from the IEBC are the log files for all short messages that were declared electronically and received from Safaricom, all software contracts between IEBC and all firms that provided software services to them in connection with the just concluded General Election.
Other documents needed are the serial numbers of all handheld transmission devices that were actually configured and made ready for use as aforesaid and the constituencies in which they were meant to be used.
The serial numbers of all handheld transmission devices that were configured and the constituencies in which they were meant to be used, are also required.
Additionally, what the coalition needs is the green book, provisional register of all registered voters and the final register of all registered voters.
From Safaricom, CORD wants the numbers of all handheld transmission devices that were used to electronically transfer data from polling stations to the tallying centre.
It also wants a print out of all messages that were sent through all handheld transmission devices that were used to electronically transfer data from the polling stations.
In addition, the alliance wants Safaricom to be compelled to produce all contracts signed between them and IEBC in connection with the just concluded General Election and records of all information transmitted to their servers on March 4 and 5.
On Monday, Makueni Senator elect Mutula Kilonzo and Siaya Senator-elect James Orengo accused IEBC of frustrating their efforts to file the suit at the Supreme Court.
“One of our obstacles is that we have demanded for certain information from the IEBC. That information is not forthcoming and we have not received any explanation,” Kilonzo alleged.
“We are put in a situation where the IEBC does not want these documents inspected. It obviously means that there is something wrong with their records. There are documents you cannot inspect, but the form 34, 35 and 36 should be made available,” Orengo added on Monday.