NASA leaders at a past rally. [Photo: Philip Etale]
A case in which the National Super Alliance (Nasa) moved to court seeking directive to compel the electoral body (IEBC) to use electronic systems to identify voters and transmit results during the August 8 general election, continued, Monday, July 17.
In the petition, the Raila Odinga-led alliance argues that the IEBC has insufficient time to come up with regulations that will establish a complementary mechanism for elections as he law stipulates.
Appearing in court, lawyer Paul Mwangi, representing Nasa, argued that IEBC had failed to put in place a complementary system as required by law, ahead of the polls, so far.
This, he said, should be a good reason why the August 8 polls should be postponed, especially if the Biometric Voter Registration (BVR) systems and Electronic Voter Identification (EVI) systems fails on election day.
He cited Section 55(b) of the amended Elections Act, saying it allows the IEBC to postpone elections in a constituency, county or ward until a complementary system is put in place, in case the electronic system files on voting day.
Mwangi, was seconded by fellow lawyers, James Orengo and Ben Sihanya, who told Justices Alfred Mabeya, Kanyi Kimondo, and Hedwig Ong’udi, that in the past polls, previous elections were compromised by failure of technology.
Accrding to them, the Wafula Chebuati-led agency was yet to consult the public or stakeholders over alternative system.
Nasa rivals, Jubilee Party, through through lawyers Ahmednasir Abdullahi and Tom Macharia, howevwer dismissed the argument, saying the failure of BVR and EVI systems should not be a basis of disenfranchising eligible voters.
Ahmednasir said Nasa's petition was meant to declare Section 44(a) of the Elections Act illegal and in effect, legislate through the back door.Through lawyer PLO Lumumba, IEBC however dismissed the petition by Nasa, saying it had adopted regulations to cater for both identification of voters and transmission of results in case the system fails, and there was no need to panic.The court will issue a decision, July 21.