Smartmatic, an electronic voting company, has said that it is unable to release images of NTC Server(s) since the images contain software owned and copyrighted by Smartmatic and hence IP protected. In a letter dated 31st August 2022, Smartmatic claims that allowing full access would violate its intellectual property rights.
“Providing third parties access to our source code, and security features including transmission certificates and encryption keys, would render the system insecure -as it is today- for any future use in Kenya or anywhere else in the world,” the letter addressed to IEBC CEO Marjan Hussein Marjan reads.
“In addition to violating our IP rights, this would also jeopardize elections in other countries that are using or have used our systems,” Smartmatic says.
Smartmatic has, however, advised that the Independent Electoral and Boundaries Commission make available all collected data and logs linked to the Results Transmission System. According to Smartmatic, the information should be adequate to thoroughly audit the Results Transmission System and confirm that it functioned effectively.
“Also, all physical tally reports were available online in real-time since election night. All political parties and certified NGO election observers had access to those tallies and were able to audit the results independently. Even citizens all over the world had full access to these tally reports and were able to add the results.” the letter reads in part.
Smartmatic has also requested that the Independent Electoral and Boundaries Commission offer supervised and managed access to the Results Transmission Systems located at their headquarters in Anniversary Towers in order to provide additional evidence demonstrating the correctness of the results.
Smartmatic was awarded the Ksh4 billion KIEMS kit tender by IEBC to assist with the supply, delivery, installation, testing, commissioning, support, and maintenance of software and hardware equipment and accessories.
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