discussed the use of technology in elections and made far-reaching
recommendations which led, to amongst others, extensive amendments to
the Elections Act to provide for use of technology and also technology
dedicated regulations, the Elections (Technology) Regulations 2017.
[231] These changes, in our view, were meant to re-align several pieces of
election-related legislation, with the principles of the Constitution and the
electoral jurisprudence that had been developed by the Courts. The
cumulative effect of these changes was the establishment of what is now
referred to as the Kenya Integrated Election Management System (KIEMS).
Henceforth, technology would be deployed to the process of voter
registration, voter identification and the transmission of results to the
Constituency and National Tallying Centres.
[232] Towards this end, Parliament enacted Section 44 of the Elections
Act; subsection (1) of which provides that:
“there is established an integrated electronic
electoral system that enables biometric voter
registration, electronic voter identification and
electronic transmission of results.”
Subsection (3) thereof provides that:
“the Commission shall ensure that the technology
in use under subsection (1) is simple, accurate,
verifiable, secure, accountable and transparent.”
[233] Section 39(1C) of the Elections Act then squarely addresses the
results transmission aspects of these changes in the law. It provides that:
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