High Court grants application by Martha Karua to be given read-only access of IEBC’s electronic system

The High Court has granted an application by Narc-Kenya leader Martha Karua to be given read-only access of the electoral commission’s electronic system.

Ms Karua, who is challenging the August 8 election of Kirinyaga Governor Anne Waiguru, was also granted access to certified copies of forms 37A and 37B.

The forms are related to the August 8 election outcome for the position of Kirinyaga governor.

High Court judge Lucy Gitari further ordered the granting of access to the Independent Electoral and Boundaries Commission (IEBC) ICT system between November 3 and November 10.

“I order that during the read-only access to the system, all parties should be present while the High Court Registrar oversees the process,” directed Ms Gitari.

KIEMS data

The judge however declined to order IEBC to make available for scrutiny the Kenya Integrated Elections Management System (KIEMS) kits used during the election because they had already been taken to Nairobi for configuration in readiness for Thursday’s repeat presidential election.

She told IEBC County Returning Officer Samuel Seki to present the KIEMS data captured during the disputed election regardless of whether the kits had been taken to Nairobi or not.

“Under the 2017 Elections Act, all election materials, including the KIEMS data, must be preserved for a period of three years after an election and as such, the county IEBC Returning Officer should have preserved such data, which Karua has sought,” the judge said.

Elsewhere, Jubilee Party’s parliamentary candidate in the August 8 race, Abdi Mohamed Daib, lost a bid to block witnesses from the proceedings of a petition filed against Changamwe MP Omar Mwinyi.

Mr Daib had applied to Justice Njoki Mwangi to bar Mr Mwinyi’s witnesses from the proceedings, claiming it compromised his case.

The judge dismissed Daib’s argument.