Nasa bracing itself for another court case with IEBC

The National Super Alliance is bracing itself for another legal battle with the Independent Electoral and Boundaries Commission, this time over the complementary mechanism for transmitting election results.

In court documents seen by the Nation, the alliance wants the electoral agency to make public the complementary mechanism at least 30 days before this year's General Election on August 8.

“We will be heading to court next week to lodge this petition,” Paul Mwangi, the head of presidential candidate Raila Odinga’s legal team.

This is aimed at blocking the IEBC from resorting to using a complementary mechanism unknown to Nasa. In the 2013 General Election, electronic transmission equipment failed, forcing the electoral agency to resort to manual transmission of results.

DECISION DISPUTED

The last-minute decision was hotly disputed by Mr Odinga and formed part of the arguments in his petition against President Uhuru Kenyatta’s election at the Supreme Court.

If filed, it is likely to put the electoral body under more pressure with only one and a half months to the General Election.

In the suit Nasa wants the court to make a declaration that it is entitled to all information held by the IEBC concerning the steps it has taken in regard to the mechanism.

It further wants the court to declare that IEBC is under obligation to develop in consultation with the relevant stakeholders the complementary mechanism for identification and transmission of election results that is simple, accurate, verifiable, secure, accountable and transparent.

'AN ORDER'

“In the alternative, an order compelling the respondent to develop, in consultation with the petitioner and the public at large, the complementary mechanism for identification and transmission of election results as envisaged by section 44A within a reasonable period before August 8, 2017, but in any event within 30 days before the said date,” reads the petition.

Nasa cites the Elections Act, which states that the IEBC is required to put in place the complementary mechanism for identification of voters and transmission of election results.

“The Respondent has despite the said provisions and with less than 54 days to go before the general elections failed, refused and/or neglected to put in place the said mechanism in consultation with the public or at all and has additionally refused to provide information regarding the said system,” the petition further reads.

Nasa states that it is “legitimately” apprehensive that unless the court urgently intervenes to compel IEBC to do so, elections will be seriously threatened.