NAIROBI, Kenya, Mar 13 – Safaricom and the Independent Electoral and Boundaries Commission have agreed to provide crucial data sought in a case filed by the Coalition for Reform and Democracy ahead of a petition to challenge the election of Uhuru Kenyatta as president.
The mobile phone operator said it would play its part in providing the data after the withdrawal of the case by Eliud Owalo of CORD.
“This information is limited to what can be legally disclosed, what is technically available and specifically, only that which directly emanates from its contractual scope with the IEBC.”
Following the High Court’s intervention, IEBC committed to provide the CORD legal team with forms 34, 35 and 36, which the coalition argues will form an integral part of the presidential petition it plans to file at the Supreme Court.
The forms will be inspected and photocopied at CORD’s own cost.
Safaricom on its part insisted that its contractual mandate to IEBC was fully and properly executed.
“We would also like to assure the public and all interested parties in this matter that we are fully cognizant of the importance of this process and the need for transparency by all players involved and this is the basis upon which we have extended our full cooperation to the courts,” Safaricom’s Director of Corporate Affairs Nzioka Waita said in a statement later.
The undertaking by IEBC was given during a court hearing of the case that was filed by CORD on Tuesday and was presided over by Justice Isaac Lenaola at the Milimani Law Courts.
Lawyer Nani Mungai representing IEBC said forms 34 which were filled at every polling station were available for inspection at Bomas of Kenya and that CORD should make its own arrangements to inspect and photocopy them.
Mungai said that the IEBC will provide forms 36 – which aggregate results recoded on forms 34 – within a day.
The commission has also agreed to provide software contracts subject to agreement by the firms that had been contracted for software services in the General Election.
Forms 35 – which are still in the various stations where National Assembly winners and County Women Representatives were declared – will be inspected and photocopied at the respective locations.
The coalition will also be allowed access to the log files for all short messages that were declared electronically and received from Safaricom.
The green book that was used to identify voters following the failure of the electronic voter identification kits will also be made available alongside the final voter register.
During the hearing, The National Alliance Party (TNA), United Republican Party (URP) and the Attorney General were enjoined in the case and will be furnished with the documents sought by CORD, after their respective applications were granted.
IEBC was represented by lawyers Kamau Karoli and Nani Mungai while the CORD team comprised Jotham Arua and Peter Kaluma.
Justice Lenaola directed the parties to appear before him on Friday at 8.30 am for further directions.
Safaricom which was represented at the hearing by lawyer Evans Monari insisted it will only disclose information to the extent allowed by the Communications Act.