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2017 Events How Uhuru and IEBC lost the August 8 election petition

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Both the IEBC and Uhuru Kenyatta's legal team fell for Mr Odinga's trap.

play President Uhuru Kenyatta and CJ Maraga. (PSCU/File)

The final blow to both IEBC and Uhuru Kenyatta in the historic petition that came after the August 8 polls was occasioned by the application by Nasa leader’s lawyers to demand access to the IEBC servers and KIEMS kits used in the exercise.

A report earlier published by the Standard indicated that Mr Odinga's application to access electronic tallying servers sank IEBC and President Kenyatta at the Supreme Court.

The application is credited as being the major reason why Mr Odinga won since the Court relied on its findings to nullify the August 8 Presidential election.

An audit report filed by Prof Elijah Omwenga, Prof Jose Sevilla, and Janet Kadenyi showed that the commission could not deliver information on internal firewall configuration to its servers as ordered by the court.

 

Other than that, the findings by the Court appointed experts further noted that the commission could not deliver certified copies of certificates of penetration tests conducted on the IEBC Election Technology System prior to and during the election.

“We discovered that the documents supplied were not certified and their submission did not conform to Election (Technology) Regulation 10 of 2017,” said the experts.

The experts explained that although the commission provided a list of all procured KIEMS Kits, the information on whether they were used or not was not comprehensive.

“The order was that the commission provides a certified list of all KIEMS Kits procured but not used during the elections. The commission complied but information on whether the kits deployed or not deployed was not comprehensive,” the report read in part.

On the issue of logging in of users and equipment into the IEBC servers and KIEMS database management system, the experts noted that the commission declined to give access to the servers to determine where the logs came from.

“The commission should have demonstrated that the logs came from them by allowing all parties to have a read only access and to copy the logs. They allowed live access without the ability to access the logs or even view them but the request was not granted,” the experts noted.

The experts highlighted similar issues with the access to IEBC public portal from August 5, explaining that the commission allowed live access but did not give the parties access to the database logs.

The Court appointed officers noted that the refusal was not justified, given that the request by NASA for configuration of the internal firewall was genuine and could not affect the vulnerability of the IEBC server systems.

This reportedly made matters worse for IEBC. On Friday during the ruling, Chief Justice David Maraga stated that election was not an event but a process alluding to the fact that if the process was wrong then the entire result was wrong.

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