CJ David Maraga warns parties on IEBC servers access - VIDEO
Chief Justice David Maraga has issued a stern warning to the Independent Electoral and Boundaries Commission after National Super Alliance presidential candidate Raila Odinga said they had not obeyed the order to hand over information.
Justice Maraga spoke as the battle between Mr Odinga and the electoral commission over access to their servers played out in court Tuesday morning.
FORMS 34A, B
“At five o’clock, we’ll want a report and anyone failing to comply will have to explain to the court,” he said.
He also ordered Supreme Court Registrar Esther Nyaiyaki to increase the number of staff scrutinising the original Forms 34A and 34B at the Milimani Law Courts so that the process can be completed faster.
James Orengo, Mr Odinga’s lead lawyer, told the judges that there had been a substantial lack of compliance with the Supreme Court’s orders.
He said that the commission has refused to allow his team to download the logs directly from their servers.
He also made a formal complaint in a letter to the Supreme Court Registrar.
IEBC
“This will have an effect into what we are going to submit at five o’clock when we are given that opportunity,” said Mr Orengo.
But the IEBC, through its lawyer Paul Muite, said the commission was willing and ready to provide access even if some of Nasa’s demands had gone beyond what the court had ordered.
Nasa’s complaints emerged on Tuesday morning, with lawyer Paul Mwangi saying on Twitter that there had been a promise to allow them to download the logs from the server but that had not been fulfilled.
Mr Muite said with the servers in Europe, which is two hours behind Kenya, IEBC had had to wait for them to start working and set up a way the servers could be accessed from Kenya.
“They have to set up the access with safeguards. That can be done in one or two hours,” said Mr Muite.
SOFT COPIES
He said Nasa had refused to accept soft copies of the server logs and insisted to download them themselves.
“My clients are going farther because there are some things that are beyond the orders that were given by this court,” said Mr Muite.
It is understood that the demand by Nasa was made late at night on Monday.
Mr Orengo said that the fact that Europe is behind Kenya by two hours should not arise because the orders were given during the day on Monday, when they were fully awake.
ORDER
Mr Muite said there was willingness on the part of the IEBC to go with Nasa’s demands.
“It’s an issue of logistics, not non-compliance with court orders. We have complied with the orders,” he said.
Fred Ngatia, President Uhuru Kenyatta’s lawyer, said there had been no obstacle to Nasa’s wishes as stated by Mr Orengo.
“That was a request beyond the order,” said Mr Ngatia.
