Court to hear Cord's suit on poll data Wednesday

Lawyer Jotham Arwa (right) with Homa Bay MP elect Peter Kaluma at Milimani High Court after hearing a petition that seeks to compel the electoral commission and Safaricom Limited to release information for Cord's presidential election petition. PHOTO / PAUL WAWERU

The High Court will on Wednesday hear a petition by Coalition for Reform and Democracy (Cord) that seeks to compel the electoral commission and Safaricom Limited to release information for its presidential election petition.

Justice Isaac Lenaola certified the petition as urgent. He directed Cord's lawyer to serve Independent Eelectoral and Boundary Commission (IEBC) and Safaricom Ltd with the petition before an inter-parties hearing on Wednesday 8.45 am.

IEBC chairman Isaack Hassan on Saturday declared Jubilee coalition candidate Uhuru Kenyatta the winner of the presidential election. Cord’s Raila Odinga, who was second, rejected the results and said he would challenge them in court.

The Constitution allows anyone dissatisfied with the results of a presidential election to challenge them in court within seven days after the announcement of election result.

The suit was filed by Eliud Owalo, head of Cord Presidential Candidate Raila Odinga secretariat, on behalf of the coalition.

Mr Owalo argued that IEBC and Safaricom Limited have refused to release information he intends to use at the Supreme Court despite officially requesting for the same.

He argueses that after the IEBC electronic tallying system collapsed, he is convinced the outcome of the general election announced thereafter was fraudulently manipulated.

“Owing to the failure, I wrote to IEBC on March 8 requesting information and data which was in their possession to be released to me. I did a similar letter to Safaricom Ltd whose services were relied on by IEBC to relay information from all polling stations but they all refused to respond,” said Mr Owalo.

He wants a court order directing IEBC to immediately release all forms 34, 35, and 36 from all polling stations and constituencies all over the country in relation to the presidential elections and all the results that were declared electronically at the Bomas Tallying Centre.

He also seeks the log files for all short messages electronically received from Safaricom; software contracts between IEBC and all firms that provided software services to them; serial numbers of all handheld transmission devises and the constituencies they were meant to be used; the Green book; provisional register of all registered voters and the final register of all registered voters.

He further wants Safaricom Ltd compelled to release the numbers of all handheld transmission devices used to transfer data from polling stations to the tallying center; a print out of all messages sent through the devices; all contracts signed with IEBC in connection with the general election and record of information transmitted to the IEBC Server on March 4 and 5.

Mr Owalo argued that he will be unable to challenge the election outcome at the Supreme Court if he does not have the crucial documents that will make it possible to assess the integrity, fairness and transparency of the presidential elections.

“The urgency in the matter is that we have only seven days to file a case at the Supreme Court and if the documents are not availed, our right to access justice will be greatly infringed on,” swore Mr Owallo.

He submitted that he is convinced the final presidential election tally was manipulated and it is only through the scrutiny of the documents that the truth will be known.

On Monday, three Cord senators-elect Mutula Kilonzo, James Orengo and Anyang' Nyong'o accused the IEBC of failing to provide them with crucial documents they need to challenge the results of the presidential election.