[Supreme Court of Kenya’s judges in a past event. They accused IEBC of contempt of court. Photo/Nation]
The decision by the electoral body IEBC to refuse making servers accessible for scrutiny for both parties in the Raila Odinga presidential petition could throw the commission’s chiefs to yet another court battle.
In their full judgment, majority Supreme Court judges led by Chief Justice David Maraga blamed IEBC of contempt of court, an offence which gives room for prosecution.
The judges stated, the move by IEBC was interpreted as a way of concealing vital public information contrary to the laws of the country.
Already, lawyer James Orengo, who represented NASA, has confirmed that he will move to court to ensure CEO Ezra Chiloba and Chairman Wafula Chebukati takes responsibility.
During the prosecution of the case, petitioners demanded that IEBC servers be opened for scrutiny, a move that was not granted by the commission.
For many instances, NASA claims that the transmission of the results were hackled and that servers would give a clear indication of the ultimate winner of August 8 presidential elections.
A report filed by Supreme Court registrar Esther Nyaiyaki confirmed that the commission had refuted to heed court orders, a move that amounts to contempt of court.