The National Super Alliance (NASA) legal team in the presidential election petition has accused the Independent Electoral and Boundaries Commission (IEBC) of defying orders issued by the Supreme Court on Monday.
Through his social media account, Raila Odinga's lawyer, Paul Mwangi claimed that the electoral body had declined to provide information from its servers as directed by the supreme court Judges.
“At IEBC. We've been stonewalled. No Read Only Access. They want to give already printed logs. It's back to court in the morning,” he wrote.
The team added that they would move a contempt of court against the IEBC before President Uhuru Kenyatta's legal team begin making their submissions during the Tuesday session scheduled to commence at 11 am.
In a quick rejoinder, however, the IEBC dismissed the claims by Mr Mwangi as false clarifying that they had granted access to the documents as per the court orders.
"The Commission has complied with orders as framed the Supreme Court. All parties in the petition are going on with the scrutiny," IEBC tweeted.
On Tuesday morning, ODM youth leader Benson Musungu complained how the NASA team had been waiting for hours for the electoral body to hand over the documents ordered by the Court.
“It is exactly 8 am on Tuesday and the NASA team is still here at the Commission awaiting "read only access" to the IEBC server.
“We have been ready since Monday at 4 pm and the Commissioners have not complied with the Supreme Court orders,” he explained.
He added that the election managers were frustrating the oppositions efforts to acquire crucial evidence for their case.
“This defiance is led by ICT Director James Muhati who had been sent on compulsory leave yet somehow wormed his way back into work; assisted by a Mr Kioni.
They know that if we are granted this access, we will be able to pinpoint the thief and how he stole,” he maintained.
On Monday, the Supreme Court granted NASA read-only access to select data and equipment IEBC used to conduct August 8 poll and transmit election results.
Issuing the directive, Justice Isaac Lenaola stated that the petitioners would be granted a read-only copy of information relating to the number of servers.
"The petitioners will be granted limited access to IEBC servers to protect the integrity of its systems & guard against compromising the identity of its users, and suppliers," he explained.
The Court directed the Registrar of Supreme Court to supervise ICT officer and two independent IT experts who would undertake the exercise of looking into the IEBC servers.
They are required to avail a report on Tuesday by 5 pm.
Read Also: 13 Items the Supreme Court has Ordered IEBC to Give NASA
