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BY KORIR JUMA,NAIROBI,28TH AUG 2017-The Supreme Court on Monday granted the National Super Alliance (Nasa) permission to access some selected IEBC data and equipment used to conduct August 8 General Election.
The seven judges of the court unanimous agreed and said they had granted the petitioner orders of access because understanding how the systems work will help the court come to a fair decision.
However, the orders are limited to only aspects that will not compromise the commission’s electoral management systems.
The court further rejected another request from Nasa leader Raila Odinga, which would have allowed him to file another affidavit arising from the outcome of the system audit.
Reading the ruling on behalf of his colleagues, Justice Isaac Lenaola said allowing Mr Odinga to file another affidavit would introduce new evidence and further delay the hearing with only four days to the deadline of determining the petition.
However, the ruling is a big win for Nasa and Mr Odinga who has constantly insisted that technology was used to rig the election in favour of President Kenyatta.
Mr Odinga has also alleged that results from some of the results were relayed from ungazetted areas and the system was configured to give an 11 per-cent margin between him and President Kenyatta.
Giving the directives, the court said the exercise will be supervised by the registrar of the Supreme Court and the court’s appointed ICT experts.
Parties are required to send their representatives to oversee the exercise which will be carried out at a venue to be decided by the registrar.
The court further ordered the commission to allow the Nasa team the all the servers at its disposal, firewalls without the passwords, the passwords, systems user types, and the commission’s ICT redundancy plan.
The court further ordered the commission to grant the Nasa team reading devices to distinguish the authenticity of the all documents they will be offered. The court has ordered report of the audit to be submitted to the court by Tuesday 5pm.