Kenya: Supreme Court Orders Ballot Boxes for 15 Polling Stations Opened for Inspection, Recount

30 August 2022

Nairobi — Supreme Court has ordered the Independent Electoral and Boundaries Commission (IEBC) to open ballot boxes from 15 polling stations to be opened for inspection, scrutiny and recount.

According to the court orders, the exercise should be concluded by Thursday.

The listed polling stations include Nandi Hills and Sinendeti Primary School in Nandi, Belgut, Kapsuser and Chepkutum Primary Schools in Kericho county, Jomvi, Mikindani and Ministry of Water tanks Tanks in Mombasa County.

Others are Mvita, Majengo and Mvita Primary schools in Mombasa county, Tinderet CONMO, in Nandi county, Jarok, Gathanji and Kiheo Primary school in Nyandarua.

To be provided also will be error forms signed by the IEBC Chairman Wafula Chebukati during the tally and verification exercise at the National Tallying Centre between 10 th and 15 th August 2022 and copies of IEBC's technology system security policy including password matric, owners of system administration password, system users and levels of access.

The electoral commission has further been compelled to give the applicants supervised access to any server (s) at the National tallying centre for storing and transmissmiting voting information which are forensically imaged to capture a copy of the Form 34C which is the total votes cast, as well as partnership agreements with its technical partners.

Other requirements to be provided to the applicants listed by the court include certified copies of Forms 32A and 34C book 2 used in the impugned election in contested polling stations, certified copies of penetration tests conducted on the IEBC election technology system prior to and during the 2022 general and presidential election.

The presidential petition hearing is set for Wednesday following Tuesday's pretrial conference that laid ground rules for petition, including time allocated for each party, counsels representing petitioners and respondents, as well as inclusion of all IEBC commissioners in the petition.

The Supreme Court consolidated the presidential petition into nine issues.

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