from the Court appointed IT experts, Professor Joseph Sevilla and
Professor Elijah Omwenga, holders of PhDs on IT and lecturers in
Strathmore and Kabianga Universities respectively, shows clear reluctance
on the part of IEBC to fully comply with this Court’s Order of 28th August,
2017 to provide the information requested.
[278] In summary the following are the items that were not availed to the
petitioners; the 3rd respondent and the Court.
(a)
Firewalls without disclosure of the software version. IBEC
refused
to
provide
information
on
internal
firewall
configuration contending that doing so would compromise and
affect the vulnerability of their system. The Court appointed ICT
Experts disagreed with that contention and said it was difficult
to ascertain whether or not there were any hacking activities;
(b)
IEBC was also required to provide “Certified copies of the
certificates of Penetration Tests” conducted on the IEBC
Election Technology System prior to and during the 2017
election
pursuant
to
Regulation
10
of
the
Elections
(Technology) Regulations 2017. These were not provided.
Instead IEBC issued uncertified documents and certificates by
professionals which did not conform to that Regulation;
(c)
IEBC was also required to provide “Specific GPRS location of
each KIEMS kit” used during the presidential election for the
period between 5th August 2017 and 11th August 2017. This was
not provided. IEBC instead provided the GPS locations for the
polling stations which was never ordered to be granted;
Presidential
Petition
No.
1
of
2017
116
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