- A Nairobi court has directed the Independent Electoral and Boundaries Commission (IEBC) to use the manual voter register to identify voters in the Tuesday polls.
- Mugure also said the court noted the commission’s response to the Azimio coalition did not factor in the possibility of technological failures.
A Nairobi court has directed the Independent Electoral and Boundaries Commission (IEBC) to use the manual voter register to identify voters in the Tuesday polls.
Justice Mugure Thande dismissed a letter the commission wrote to the Azimio la Umoja One Kenya coalition, telling them only the KIEMS kits will be used for the identification of voters during the election.
According to the court, the commission’s decision to drop the manual voter register violates the constitution, which provides that a manual register will be used for the identification of voters where an electronic voter identification device fails.
The court questioned what will transpire when a KIEMS kit cannot pick a voter’s details if IEBC stuck to its decision not to use the manual voter register.
“What then will happen to a registered voter whose details cannot be picked by the KIEMs kit for the failure of technology in light of the decision by IEBC not to use printed register?”
Mugure said should the decision remain unchanged, the constitutional rights of voters would be violated.
“As a result, of IEBC’s decision not to use the printed voter register, there is a real risk of disenfranchising eligible voters, this court must therefore step in through its supervisory jurisdiction to ensure that the commission though independent operates subject to the law,” Mugure ruled.
The court further said the electoral commission has failed to make administrative arrangements for the conduct of elections designed to facilitate elections and not deny any eligible citizen the right to vote.
Mugure also said the court noted the commission’s response to the Azimio coalition did not factor in the possibility of technological failures.
“However, its common knowledge that data and devices such as mobile phones and even computers which don’t require internet do get lost or corrupted or interfered with through criminal and human elements,” Mugure said.
The Azimio coalition presidential candidate Raila Odinga insisted that manual voter registration must be used in the Tuesday poll.