The National Super Alliance (NASA) has been ordered to pay the IEBC and Jubilee Party the cost of the lawsuit where the Opposition lost in its bid to have the electoral body blocked from using a manual back up in the upcoming polls.
The Jubilee Party was in the defence side supporting the electoral body in the case.
NASA also wanted the elections postponed if IEBC could not guarantee that the electronic kits would not fail during the elections.
However, a three-judge bench of the High Court dismissed the case saying the IEBC had adopted mechanisms to counter system failures.
“The court, therefore, finds that it would not be feasible to declare that the elections to be held on the 8th of August 2017 be exclusively electronic,” the judges ruled. "It would not be feasible to postpone the election as the date has been cast in stone."
Nonetheless, NASA's lawyers led by Paul Mwangi have stated they will appeal the decision on Monday, July 24 which will be 15 days to the elections.
The Opposition maintains it reads malice in IEBC's insistence on using a manual back up.
NASA wants IEBC compelled to exclusively use an electronic system.
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