Independent Electoral and Boundaries Commission (IEBC) lawyer Paul Muite has revealed that the famed IEBC servers are located in Europe.
Senior Counsel Muite revealed the new details in response to protests raised by the National Super Alliance (NASA) lawyer, Senator James Orengo, over delayed compliance with the Supreme Court ruling issued on Monday.
"In response to the issue of access to IEBC servers, my Lords, these servers are in Europe," Muite told the court.
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Chief Justice David Maraga was startled by the declaration asking the lawyer to repeat what he had said.
"The servers are in Europe. We are not refusing to give access. Europe is a couple of hours behind us, we have to wait for them to start working.
"They have to set up the access window with safeguards, that exercise is going on and I am instructed that this process will be completed in the next two hours," Mr Muite assured.
The lawyer further explained that his client, the IEBC, had already complied with the orders in supplying the petitioner with soft copies of access logs. NASA, however, rejected the soft copies.
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Senator Orengo interjected, asking the court not to allow Muite's explanation for the delay and exert its authority in ensuring its orders are adhered to.
"These orders were issued when they were wide awake so the excuse of saying that the people in Europe are asleep is not justifiable. And Europe is only two or three hours behind us. We need compliance," Orengo urged.
Justice Maraga, however, maintained that he expects a report on scrutiny of the servers by 5 pm today, demanding that the service provider alleged to be sleeping in Europe be woken up.
"We gave the order yesterday (Monday) morning. At five o'clock we want the report and anyone who will not have complied with the order will tell us if the non-compliance was reasonable and we will deal with that," the CJ ordered before dismissing Senator Orengo.
On Monday, the Supreme Court Registrar was directed to supervise ICT officer and two Independent IT experts who would carry out the exercise of looking into the IEBC servers that will also be witnessed by the petitioners and respondents in the case.
