The National Super Alliance (Nasa) yesterday called for postponement of the August 8 General Election if the electronic system fails.
The Opposition coalition reiterated that the Independent Electoral and Boundaries Commission (IEBC) may invoke Section 55 (b) of the Elections Act to temporarily halt the polls upon failure by the electronic system to process voter identification and transmission of election results.
The Nasa legal team, lawyers James Orengo (Siaya Senator), Paul Mwangi and Ben Sihanya argued that the electoral body had no alternative method of conducting the polls after violating the Constitution and the restructured election regulations, requiring fool-proof electronic intervention.
They submitted before High Court Judges Francis Kimondo, Hedwig Ong’udi and Alfred Mabeya, that voter identification and transmission of results should be declared to be exclusively electronic in the interest of transparency, accountability, certainty and fairness to all contestants.
The Nasa legal team said the IEBC had merely filed grounds of opposition to the petition and none of its officials gave a statement explaining what practical steps had been taken to ensure that the agency had prepared an electronic contingency plan.
But IEBC, through lawyers PLO Lumumba, Paul Nyamodi and Edwin Mukele, said no Kenyan will be disenfranchised from participating in the impending elections since the necessary legal framework was in place to handle any challenges.
“The IEBC had published regulations to tackle the shortcomings that may crop up during the exercise,” said Lumumba. He added that Nasa luminaries had actively participated in the enactment of amendments to electoral laws to provide for the smooth voting, tallying of ballot papers and verification of election results. Further, the IEBC had allowed public participation and consulted all stakeholders before Parliament sanctioned the restructuring of the Elections Act.