A stand-off is building up around the presidential petition after the Independent Electoral and Boundaries Commission only granted access to one out of eight servers, contrary to directives by the Supreme Court.
During the proceedings, this evening, Senior Counsel James Orengo, who is leading Raila Odinga’s legal team in defending the petition, expressed concern about the action of the commission to make it difficult for them to access all the servers and only gave restricted access to one.
On Tuesday, during the pre-trial stage, the SC granted Raila Odinga access to the technology used in transmitting results at the IEBC National Tallying Centre at Bomas of Kenya in Nairobi.
IEBC was ordered to provide supervised access to any server used to capture images of Forms 34C.
The commission was also instructed to provide copies of its technology system security policy, including its password policy, password matrix, and system administration password owners.
“We have been given restricted access only to the result transmission system, and it has not been granted yet to only one server. It is established that the IEBC has eight servers,” Orengo told the court during his submission shortly after the hearing resumed at 2 p.m.
The senior counsel told the court that they had summoned the Judiciary registrar Anne Amadi in writing on the issue.
“We have written to the registration so that the court can resolve this,” he said.
Supreme Court judge Justice Isaac Lenaola replied to Orengo that the court is aware of the stand-off.
“We are aware and we are following it up. As far as we know, when we got out of here, the exercise had commenced, and there was an agreement on how to access the server that had been given,” said Justice Lenaola.
“The issue of cloning is being addressed, and we will report on the issue again tomorrow morning.”
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