, NAIROBI, Kenya, Aug 4 – The Court of Appeal has directed the Independent Electoral and Boundaries Commission to use all means possible to electronically identify voters before resorting to the printed roll.
Delivering the judgement on Friday afternoon, Court of Appeal Judge Roselyn Nambuye directed the agency to ensure compliance with its own procedural requirement that the ID cards of those whose biometrics can’t be read be scanned first; with manual identification as the last resort.
“This appeal is partially allowed in terms that the contents of the first respondent’s (IEBC) internal memo dated July 27 shall be adhered to by all concerned persons in application of regulation 69 and 83.”
The Appellate Court however declined to overturn the High Court order allowing for the use of a manual backup system in the identification and transmission of the election results so as not to disenfranchise voters.
“There is no basis for setting aside the High Court judgement as prayed for by the appellants,” she said.
The National Super Alliance (NASA) moved to court to challenge the use of a manual backup system in fear that it could open the door to dead voters.
The full judgement will be delivered on September 22.