, NAIROBI, Kenya, Jul 21 – The High Court will Friday decide whether IEBC should be compelled to exclusively use the electronic system to verify voters and transmit results on August 8.
Three judges comprising George Kimondo, Joseph Mabeya and Hedwig Ong’undi will issue the verdict after National Super Alliance, IEBC and Jubilee concluded making their submissions for and against the mechanism to be adopted on the polling day should the electronic system fail.
On its part, the polls body has implored the court to decline the invitation by NASA to grant the orders sought for lack of merit.
Arguing on behalf of the Wafula Chebukati led commission, lawyers PLO Lumumba and Paul Nyamodi asked the court to dismiss the case accusing NASA of misleading the bench because it is aware of the regulations that will guide the elections in case the electronic system fails.
“NASA is aware of the regulations that were put in place by the joint parliamentary committee where some of its representatives participated,” the court heard.
IEBC refuted claims that it is yet to put in place mechanisms to act as a backup to the electronic system and said that relevant stakeholders were consulted.
Further, the Commission defended itself against accusations that the same have not be shared publicly insisting that it is not legal requirement.
“There is no legal requirement, for IEBC to advertise or gazette the mechanisms it has put in place after consulting key stakeholders,” IEBC added.
The Jubilee Party on the other hand has submitted that the court cannot compel the IEBC to exclusively use the electronic system since it is not a constitutional requirement.
Lawyers Ahmednasir Abdullahi and Tom Macharia told the court that the least it can do is to direct the IEBC to have a provision for a backup system in case the electronic system fails.
“Failure of BVRs and EVID systems should not be the basis of disfranchising eligible voters,” JP argued.