Gumbo claims IEBC officials are in hiding after being named in affidavits

As IEBC lawyers continue to mount their defence, lawyer Eric Gumbo has alleged that Commission staff, some of whom were named in the electoral affidavits filed in court, are in hiding. While addressing the Supreme Court on the presidential petition, Gumbo said, “This is not a light issue.”

In her affidavit, Hilda Kavonga, who is an ICT manager at IEBC, wonders why their boss who is a commissioner would expose them to that extent, that they mention names of people who are employees and staff of the institution doing their legitimate work then you cast as an expulsion without basis that they were involved in a criminal enterprise.

Gumbo was tackling three issues;  whether the technology used met the standards of integrity, verifiability, security and transparency to guarantee accurate and verifiable results, whether there was interference with the uploading and transmission of Forms 34A from the polling stations to the IEBC Public Portal and whether there was a difference between Forms 34A uploaded on the IEBC Public Portal and the Forms 34A received at the National Tallying Centre, and Forms 34A issued to the Agents at the Polling Stations.

In its defence on those issues, IEBC relied on Hilda’s affidavit alongside those of Michael Ouma an ICT Director at the IEBC, Martin Wachira Nyaga.

Gumbo said that although the unsubstantiated allegations that some IEBC officials were involved in malfeasance might sound like a light issue, the court should note that some people read this sort of thing and imagine it’s the gospel truth.

The security of IEBC officials has remained a dicey issue, with physical assault and abuse online, being an order of the day.

Speaking at the burial of former Embakasi East returning officer Daniel Mbolu Musyoka, who died under cloud of suspicion, on 26 August, IEBC chairperson Wafula Chebukati urged politicians to stop harassing IEBC officials.

Chebukati said, “The abduction and elimination of IEBC officers such as Mr Musyoka whom we mourn today fit in an unfortunate pattern of harassment and intimidation of our staff. In this General Election, the abuse of IEBC staff reached an unimaginable scale. In an incident never witnessed before, commissioners Abdi Guliye and Bolu Molu, CEO Hussein Marjan and I were physically assaulted and injured at the National Tallying Centre at Bomas of Kenya.”

IEBC which is named as the third respondent in the presidential election petition, sort to affirm that the elections were impenetrable and were not only secure but also over the board.

In his remarks, Gumbo submitted that the election was secure using Michael Ouma description of the IEBC terming it as military-grade. According to IEBC, 46,201 of 46229 KIMS kits worked leading Gumbo to deduce a scorecard of 99%.

From the view of IEBC and its lawyers, a scorecard of 99% is an illustration that they achieved the constitutional imperatives that are contemplated under Article 86.

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