The issue on the Kenya Integrated Electoral Management System (KIEMS) kits failure had taken centre stage at the Supreme Court in the filed presidential petitions by Raila Odinga and seven other petitioners.
In his petition Raila Odinga had alleged that hackers gained access into the IEBC servers and ‘converted, manipulated and unlawfully’ dumped form 34As. They pled that the manner in which technology was deployed and utilized fell short of the prescribed constitutional and statutory standards. Despite raising the issue in their petition, Raila Odinga urged that even if there was failure of technology, it did not vitiate the result of the Presidential Election.
Martha Koome was keen to note the Scrutiny Report prepared by the Supreme Court did not reveal any security breaches of the IEBC’s Result Transmission System (RTS). Adding that where the KIEMS kits failed in 235 polling stations, 86,889 voters were granted the right to vote manually and the necessary Forms 32A duly filled.
The petitioners alleged that IEBC violated its constitutional duty by delegating the design, implementation and conduct of the KIEMS component of the election to a foreign company, Smartmatic. The Supreme Court judgment reads that “There was no credible evidence meeting the requisite standard of proof of access to the system by unauthorized persons was adduced by the petitioners.” Adding that Smartmatic was procured to provide the necessary technological infrastructure since IEBC was not in a capacity to do so.
In conclusion of the first issue of determination raised the court said, “Upon considering the pleadings, submissions, and the ICT Scrutiny and Inspection, Tallying and Recount Report by the Registrar which fully examined the IEBC’s Result Transmission System (RTS), the Court was not persuaded that the technology deployed by IEBC failed the standard of Article 86(a) of the Constitution on integrity, verifiability, security and transparency. “
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