were so confused- and so confusing- that many
Kenyans lost whatever confidence they might have had
in the results as announced. While integrity is
necessary at all stages in the electoral process,
nowhere is it more important than in counting
and tallying” [Emphasis added.]
[229] Among the significant recommendations the Kriegler Commission
made related to the use of technology in the electoral process. It
recommended that:
“… without delay [the Electoral Commission of Kenya]
ECK starts … [developing] an integrated and secure
tallying and data transmission system, which would
allow computerized data entry and tallying at
constituencies, secure simultaneous transmission (of
individual polling station level data) to the national
tallying centre, and the integration of this resultshandling system in a progressive election result
announcement system.”112
[230] Pursuant to those recommendations, the process of integrating
technology into the conduct of elections was undertaken starting with the
use of Biometric Voter Registration (BVR) equipment to register voters on
a pilot basis in the run up to the 2010 referendum. In the 2013 elections
technology was applied for registration of voters, voter identification and
results transmission. However, that did not work very well in the 2013
general election and it was one of the key issues that was raised in the 2013
presidential petition before this Court. Consequently, in 2016 the Joint
Parliamentary Select Committee on matters relating to the bi-partisan
Independent Electoral and Boundaries Commission(IEBC) was formed,
112
Kriegler Report, page 138.
Presidential
Petition
No.
1
of
2017
96
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