The National Super Alliance (NASA) on Monday called for the postponement of the August elections if the IEBC does not prove it has a back up to the electronic system set to be used on the voting day.
Speaking while submitting their arguments at a Nairobi Court, NASA noted that IEBC had not put up a complimentary system as required by the law.
“They have failed to put in place the complementary system, consult relevant stakeholders or even engage the public to come up with the said system,” NASA submitted.
Through their lawyer Paul Mwangi, the Opposition stated that IEBC had powers under the Election Act to postpone the date of the election until the system was in place and fully functional.
"In the event you agree with us, IEBC has the powers to postpone the election for hours or even a day," Mr Mwangi argued.
Siaya Senator James Orengo and Lawyer Ben Sihanya, who was also representing NASA, submitted that the current system did not have a backup system, as contemplated by the National Assembly.
NASA noted that having a purely electronic system in the identification and relaying of results 60 days before the polling day was the only way the country could achieve a free and fair election.
"IEBC has not put up systems to deal with the event if the system fails. They have not addressed this court on how they are to tackle any failure to the electronic system," the lawyers stated.
IEBC lawyers Patrick Lumumba and Paul Nyamodi, however, disputed the claims stating that all systems were in place to ensure a free and fair election.
Jubilee lawyers Ahmednasir Abdullahi and Tom Macharia on their part argued that having an electronic system without a manual backup was a way of voter suppression.
NASA is seeking orders compelling IEBC to exclusively use an electronic system to identify voters and transmit results during the August 8 General Election.
