The Supreme Court has ordered that votes cast in 15 polling stations in different parts of the county should be scrutinised and re-tallied.
Chief Justice Martha Koome, her deputy Philomena Mwilu and Justices Mohamed Ibrahim, Smokin Wanjala, Njoki Ndung'u, Isaack Lenaola and William Ouko yesterday directed that presidential ballot boxes for Nandi Hills and Sinendeti primary schools in Nandi County; Belgut, Kapsuser and Chepkutum primary schools in Kericho County; Jomvi, Mikindani and Ministry of Water Tanks polling stations in Mombasa County should be opened for inspection, scrutiny and recount.
Others are Majengo and Mvita primary schools in Mombasa County; Tinderet Conmo in Nandi County; Jarok, Gathanji and Kiheo primary school polling stations in Nyandarua County.
The judges also ordered that the error forms signed by Independent Electoral and Boundaries Commission (IEBC) Chairman Wafula Chebukati should be provided to Khelef Khalifa, George Osewe, Ruth Mumbi, Grace Kamau, Raila Odinga and Martha Karua.
Another order by the court was that the commission should provide copies of its technology security policy, comprising but not limited to password policy, password matrix, owners of system administration password(s), system users and levels of access, and workflow chats for identification, tallying, transmission, and posting of portals.
IEBC ought to provide any APIs that had been integrated and the list of human interfaces and controls for such intervention subject, however, to any security issues.
The electoral commission was also ordered to give the applicants supervised access to any server(s) at the National Tallying Centre at Bomas of Kenya for storing and transmitting voting information, which are forensically imaged to capture a copy of the Form 34C, which is the total votes cast.
"The IEBC shall provide the applicants with certified copies of penetration tests conducted on the IEBC election Technology System prior to and during the 2022 General and Presidential Election including certified copies of a) all reports prepared pursuant to Regulation 10 of Election (Technology) Regulations, 2017, and b) certified copies of certificates by a professional(s) prepared pursuant to Regulation 10(2) of Election (Technology) Regulations, 2017," they ruled.
The commission also needs to produce partnership agreements with its technical partners, a list of users, trail, and admin access in order to verify if there were any security issues.
"That the above exercise shall be conducted within 48 hours of these orders i.e from 2pm on Tuesday, 30th August to 2pm on Thursday, 1st September 2022,'' the court ruled, adding that each party should have two agents and will be supervised by the registrar of the court.
Raila and Karua filed the presidential election petition, arguing that the August 9, 2022 polls were not free, fair, verifiable and accountable.
In their case, they are asking the court to declare that any irregular votes should strike off the final tally and a fresh computation on those found to be valid be done and considered as a valid outcome of the presidential election.
