The Independent Electoral and Boundaries Commission (IEBC) on Tuesday explained why its electronic systems cannot be opened.
During the pre-trial hearing, IEBC lawyer Waweru Gatonye argued that the whole exercise of scrutinizing the electronic systems would affect the expeditious hearing of the election petition which has constitution timelines.
"The applicants did not take into account financial and logistics, especially when there is no clarity on the basis of this kind of request, we would require logistical support to bring the equipment and retrieval process which would take even two weeks," Mr Gatonye conveyed.
The court also heard that most of the information sought had already been presented in court and that there are certified copies.
"The affidavits filed by the respondents answer all the issues raised by the applicants in full details, the forms have been filed and there are certified copies. Why should the original be brought to court? Have they looked at them and doubted the forms?" the IEBC lawyer posed.
[caption caption="Lawyer Waweru Gatonye"]
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Lawyer Gatonye also indicated that: "The requests were made in general and broad terms, the call for random audit and scrutiny of SD cards and kits across all kits is a general prayer, who is to do it, where?" the lawyer posed.
IEBC also faulted the petitioners for planning to derail the election petition by failing to comply with section 27 of the IEBC act which gives an applicant time to make an application to IEBC for document information.
"Declaration for President-elect was made on 30th October, and since then no explanation has been given on why this information had not been applied for.
“No explanation has been given, if at all it was required, has not been applied for. This is an afterthought. It is made for a collateral purpose to show that the commission cannot comply with an order made by the court to its advantage," he stated.
Finally, IEBC lawyer Mursat Mahat Somane noted that petitioners Njonjo Mue and Khelef Khalifa were on a fishing expedition as they have no proper case against it.
[caption caption="IEBC Chair Wafula Chebukati and his deputy Consolata Nkatha"]
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"There is the issue of the lack of good faith in making this application; it is interesting as the facts have already been provided," Mr Somone noted.
