(a)
Whereas it is true that the KIEMS kit failed in 235 polling stations, 86,889 voters were granted
the right to vote manually and the requisite Forms 32A duly lled. This happened successfully
in Kibwezi West Constituency and parts of Kakamega County.
(b)
While the Audit Report was released to the public seven days before the 9th August election,
the Register of Voters was used at the election without any apparent anomalies.
(c)
Smartmatic was procured to provide the necessary technological infrastructure as IEBC did
not have the capacity to do so. No credible evidence meeting the requisite standard of proof
of access to the system by unauthorized persons was adduced by the petitioners.
(d)
The Scrutiny Report prepared by the Registrar of this court did not reveal any security breaches
of the IEBC’s RTS.
(e)
IEBC successfully deployed a Biometric Voter Register (BVR) system which captures unique
features of a voter’s facial image, ngerprints and civil data, to register and update voter details
across the country and in the diaspora. These features are unique to each voter.
(f)
In compliance with section 6A of the Elections Act, 2011, IEBC opened the Register of Voters
for verication of biometric data by members of the public for a period of 30 days. Thereafter,
the Register was revised to address issues arising from the verication exercise. KPMG then
audited the Register and we are satised that the inconsistencies and inaccuracies identied
during the Audit were successfully addressed.
(ii) Whether there was interference with the uploading and transmission of Forms 34A from the
polling station to the IEBC Public Portal
[18]
The 1st petitioner alleged staging, that a person who had access to the RTS, intercepted, detained or
stored Forms 34A temporarily to convert or manipulate them before uploading them on IEBC’s public
portal. It is alleged also on August 11, 2022 IEBC dumped over 11,000 Forms 34A on the public portal
between 1101-1109 hrs.
[19]
To rebut this allegation, IEBC and its Chairperson in their response dated August 26, 2022 denied
staging and unauthorized intrusion of the RTS. In that regard, they urge that every image of Form 34A
was uploaded immediately after the transmitted result form was received as evinced by the time stamp.
Similarly, the 1st respondent denied this allegation.
[20]
It is our nding that#
(a)
No credible evidence was presented to prove that anyone accessed the RTS to intercept, detain
or store Forms 34A temporarily before they were uploaded onto the Public
Portal. The allegation that 11,000 Forms 34A were aected by staging was similarly not proved.
(b)
The allegation that IEBC, its ocials and strangers used a tool to tamper with the Forms
34A before converting them to the Portable Document Format (PDF) format that eventually
appeared on the Public Portal was suciently explained when IEBC demonstrated how
KIEMS captured and transmitted the image of Form 34A. Accordingly we dismiss the
allegation.
(c)
During the ICT scrutiny it turned out that the transmission logs produced in the adavit of
Justus Nyang’ aya were of no probative value.
kenyalaw.org/caselaw/cases/view/240578/
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