In Summary
  • Justices Kimondo, On’gudi and Mabeya disagreed with Nasa that the IEBC should postpone the elections.
  • Nasa said it will move to the Court of Appeal and was granted the permission to do so.

The High Court on Friday cleared the way for the Independent Electoral and Boundaries Commission to use a manual backup during the August 8 polls.

The judges, while dismissing a petition by National Super Alliance (Nasa), said, “It would not be feasible to declare that the elections to be held on August 8, 2017, be exclusively electronic”.

ELECTIONS ACT
Nasa moved to court seeking to compel IEBC to use electronic system to identify voters’ and transmit results in the forthcoming elections.

The opposition party argued that IEBC has failed to put in place mechanism to support the establishment of a system to complement the electronic system.

But the court reasoned that the electoral body had already put in place a complementary mechanism, as required by the Section 44(a) of the Elections Act.

POLITICAL RIGHTS

The judges said these mechanisms are contained in Regulations 69 and 83 of the Elections Regulations.

Justices George Kanyi Kimondo, Hedwig On’gudi and Alfred Mabeya further disagreed with the opposition alliance that the IEBC should postpone the forthcoming elections, should the electronic system fail on the voting day.

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