Attorney General Githu Muigai (standing) at the Milimani law courts last month [PHOTO/the-star.co.ke]
NASA is now pushing for postponement of the General Election if the electronic system fails on August 8.
The coalition told a three-judge bench that IEBC has failed to put in place a suitable complementary system as required by law.
“They have failed to put in place the complementary system, consult relevant stakeholders or even engage the public to come up with the said system,” said NASA lawyer Paul Mwangi as quoted by the Star.
But responding to the suit, Jubilee Party accused their NASA counterparts of having "become an instrument of voter suppression”.
The Opposition told the court that if the electronic system fails on elections day, Section 55(b) of the amended Elections Act permits the electoral agency to postpone elections until a reliable complementary system is put in place.
However, the Act only mentions postponement of polls at constituency, county and ward levels but keeps silent on the presidential election.