KENYA’S SUPREME COURT GRANTS NASA LIMITED ACCESS TO COMPUTER SERVERS IN ITS POLLS RESULT PETITION

NAIROBI, Kenya’s Supreme Court has granted the main opposition party, the National Super Alliance (NASA) restricted access to the computer servers of the Independent Electoral and Boundaries Commission (IEBC) used to store results of the Aug 8 general election in the party’s petition to over the result of the presidential election which the NASA candidate, Raila Odinga, lost to incumbent President Uhuru Kenyatta.

In a ruling here Monday, the seven-judge Supreme Court panel said they had granted the petitioner access to server details, logs, and technical agreements between IEBC and service providers. Issuing the directive on behalf of the judges, Justice Isaac Lenaola said the limited access would protect the integrity of the IEBC systems.

The court further ordered the IEBC to furnish the lawyers for NASA and for President Kenyatta with the GPRS location of each KIEMS kit used during the election, their password policy and matrix, continuity and disaster recovery plan, a log-in trail of users for the KIEMS kits and administrative access logs since Aug 5.

It also directed that the audit process be undertaken under supervision of its Registrar, who will submit a report by 5 pm Tuesday with submissions from the concerned parties permitted. The Court further directed the Registrar of the Supreme Court to supervise informational communication technology officers and independent IT experts to examine the IEBC servers.

On Sunday evening, the court deferred the ruling to Monday with Chief Justice David Maraga saying the ruling could not be made owing to numerous applications the court was handling. NASA had made an application seeking to be granted access to the IEBC computer servers.

The applications also sought auditing of IEBC servers, KIEMS electronic system used by IEBC in transmitting results in the election and admissibility of evidence filed before the country’s most superior courts.

During Sunday’s session, applications by the the Attorney-General and Law Society of Kenya to be enjoined as interested parties in the proceedings were allowed. Michael Wainaina and Ekuru Aukot, two of the other presidential candidates in this year’s general election, were also admitted as interested parties in the NASA petition.

Meanwhile, the Supreme Court has officially commenced hearing the presidential petition case filed by Odinga and his running mate, Kalonzo Musyoka. NASA legal counsel led by James Orengo and Dr Amolo Otiende are presenting oral submissions before the seven-judge bench headed by Chief Justice David Maraga. NASA Lawyers were given five hours to argue their case.

The 1st and 2nd respondents — the IEBC and IEBC chairperson Wafula Chebukati — will have one and half hours each for their oral submissions while the third respondent, President Kenyatta, has been allocated three hours.

Source: NAM NEWS NETWORK