[24] To avoid manipulation and to make the Presidential election results
secure, accurate, verifiable, accountable and transparent as required by
Article 86 of the Constitution, Raila Odinga further deposed that the
Elections Act was amended to add Section 39(1C) which provided for
simultaneous electronic transmission of results from the polling stations to
the Constituency Tallying Centre (CTC) and the National Tallying Centre
(NTC) immediately after the counting process at the polling station.
Contrary to this mandatory provision, after polling stations were closed on
8th August, 2017, IEBC inordinately delayed in the transmission of the
results. As a matter of fact, on 17th August, 2017, (9 days after the elections)
the IEBC’s CEO, Ezra Chiloba, allegedly admitted that IEBC had not
received all Forms 34A and 34B. That delay, coupled with the fact that
IEBC had ignored advice from the Communication Authority of Kenya
(CAK) to host in Kenya its primary and disaster recovery sites but had gone
ahead and contracted OP Morpho SAS of France to host it, compromised
the security of KIEMS exposing it to unlawful interference and
manipulation of results by third parties rendering the 2017 presidential
election a sham.
[25] Raila Odinga further deposed that contrary to the provisions of
Section 44 of the Elections Act which required the technology to be used in
the election to be procured and put in place at least 8 months and be tested
and deployed at least 60 days before the election, IEBC tested it only 2 days
to the elections. That together with the disbandment of the Elections
Technology Advisory Committee (ETAC) and IEBC’s unsuccessful attempt
to declare Section 39(1C) of the Elections Act unconstitutional through the
Presidential
Petition
No.
1
of
2017
10
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