Smartmatic International B.V., the firm the Independent Electoral and Boundaries Commission (IEBC) contracted to supply and maintain KIEMS kits that was used during the General Election has maintained non compliance in the release of materials of NTC servers.

The tech firm said the images have software it owns and has copyrighted and therefor are IP protected and granting access to third parties would compromise the system's security.

Apart from compromising the system's security, Smartmatic said that would jeopardize elections in other countries using their systems.

“In addition to violating our IP rights, this would also jeopardize elections in other countries that are using or have used our systems,” Smartmatic said.

Smartmatic wrote a letter to the IEBC CEO Marjan Hussein saying that allowing full access to its servers because that would violate its intellectual property rights.

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This comes after the petitioner's legal representative in the petition at Supreme Court complained about the commission declining to grant them full access to its servers.

“Providing third parties access to our source code, and security features including transmission certificates and encryption keys, would render the system insecure -as it is today- for any future use in Kenya or anywhere else in the world,” Smartmatic said.

However, the firm expressed its willingness to avail all data collected and logs linked to the Results Transmission System.

Smarmatic said the information it will provide will be sufficient for the audit into the Result Transmission System