Supreme Court Orders Scrutiny of Technologies Deployed by IEBC in August Polls!

The judges expect that these exercises shall be conducted within 48 hours which means they have to be completed by 2 pm on Thursday, 1st September 2022.

Kenya's Supreme Court judges (from L-R) Justice Mohamed Khadhar Ibrahim, Justice Dr Smokin Wanjala, Lady Justice Njoki Susanna Ndung'u, Justice Isaac Lenaola and Justice William Ouko arrive at the ceremony for assumption of office for the Chief Justice Martha Koome, outside the Supreme Court buildings in Nairobi on May 24, 2021. - President Uhuru Kenyatta on May 19, 2021 appointed judge Martha Karambu Koome as Kenya's first woman chief justice, making her the first woman to head any of the three branches of government. (Photo by Simon MAINA / AFP) (Photo by SIMON MAINA/AFP via Getty Images)


The Supreme Court of Kenya now wants the Independent Electoral and Boundaries Commission to provide access to election infrastructure that was used in the August 9, 2022 election for scrutiny and review.

The apex court made the order Tuesday afternoon in light of applications made by Azimio la Umoja One Kenya Presidential candidate Raila Odinga and his running mate Martha Karua. In their prayers, Raila and Karua told the court that the IEBC systems had been infiltrated by unauthorized persons and were therefore not secure so as to deliver a free, fair, credible, transparent, accurate, and verifiable election.

As per orders issued by the supreme court judges, the election agency is required to “avail partnership agreements with its technical partners, list of users, trail, and admin access to provide clarity on the IEBC systems and their usage for review and verification, SUBJECT however to any security related issues thereof,”

Among others, Justices Martha Koome; Philomena Mwilu, Mohamed Ibrahim, Smokin Wanjala, Njoki Ndungu, Isaac Lenaola & Edward Ouko said the Wafula Chebukati-led body shall provide the Azimio team with copies of its technology system security policy.

This, according to the seven judges, should comprise the password policy, password matrix, owners of system administration password(s), system users and levels of access, and workflow chats for identification, tallying, transmission, and posting of portals and any API’s that had been integrated and the list of human interface and controls for such intervention.

The court also gave an order for IEBC to provide access to its election server.

“That IEBC be compelled to give the applicants supervised access to any server(s) at the National Tallying Centre for storing and transmitting voting information and which are forensically imaged to capture a copy of the Form 34C which is the total votes cast,” the judges added

The judges further directed IEBC to provide Raila and Karua with Certified copies of penetration tests conducted on the IEBC election Technology System prior to and during the 2022 General and Presidential Election. These include certified copies of all reports prepared pursuant to Regulation 10 of Election (Technology) Regulations, and certified copies of certificates by a professional prepared pursuant to Regulation 10(2) of Election Technology) Regulations.

Apart from this access to its election technologies, the Supreme Court also wants IEBC to provide certified copies of Forms 32A and 34C Book 2 used in the election subject to Raila and Karua providing to the IEBC specific contested polling stations for compliance.

“That the error forms signed by the Chairperson of IEBC during the tally and verification exercise at the National Tallying Centre between 10th to 15th August 2022 be provided to the Applicants,” the judges further directed

The court also ordered that the ballot boxes for a number of polling stations be opened for inspection, scrutiny, and recount.

The polling stations include; Nandi Hills and Sinendeti Primary School in Nandi, Belgut, Kapsuser and Chepkutum Primary Schools in Kericho County; Jomvi, Mikindani and Ministry of Water Tanks Polling Stations in Mombasa County; Mvita, Majengo and Mvita Primary Schools in Mombasa County; Tinderet CONMO, in Nandi County; Jarok, Gathanji and Kiheo Primary School Polling in Nyandarua County.

The judges expect that these exercises shall be conducted within 48 hours which means they have to be completed by 2 pm on Thursday, 1st September 2022.

“Each Party shall be represented by two agents during the exercises above and they shall at times be under the supervision of the Registrar of the court and her staff. The Registrar shall file her report by 5 pm on 1st September 2022 and avail copies to all parties,” the judges directed


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