The Independent Electoral and Boundaries Commission (IEBC) is still hesitant to grant presidential election petitioners access to its servers for forensic imaging, citing concerns that it could interfere with its future operations.
This follows a Supreme Court order issued during a pre-trial conference on Tuesday, ordering the electoral body to grant the petitioners access to any server used to capture images of Forms 34C.
However, IEBC sought clarification from the court through lawyer Eric Gumbo, noting that there was confusion about what it meant when it granted the petitioners access to the servers.
The Commission through its advocate, Gumbo claims that the IEBC will be unable to carry out any other election exercise in a situation where the Apex Court nullifies the August 9 polls. This according to the commission is because it will have lost full access to its servers.
While insisting that the IEBC had yet to comply with the order granting them access to the servers, Raila Odinga’s lawyer, Paul Mwangi, urged the court to assign the order to a specific office at the commission, citing that no one had taken responsibility for carrying it out.
Justice Isaac Lenaola, in response, told Mwangi and his team that the Supreme Court would issue a decision on Thursday after reviewing a report from its own in-house counsel.
