Activist Okiya Omtatah made his submissions at the Supreme Court on Wednesday, August 31, when he explained that the Independent Electoral and Boundaries Commission (IEBC) did not comply with the law to conduct electronic voting.
He argued that during the August 9 General Election, the commission did not meet the constitutional threshold during the election process in relation to Article 86 and 81.
The Busia Senator-elect stated that electronic voting system should not in any way, have spoilt votes, rejected votes and that there should never be a question of counting rejected ballots.
"Electoral architecture expects a digital election, this election does not meet Constitutional threshold.
"In digital election we should not have spoilt or rejected ballots and you should not have the question of counting the rejected votes," Omutatah stated.
He further explained that despite the IEBC having used the KIEMS kits to identify voters, the process was not accurate and verifiable.
Article 86 of the Kenyan Constitution states that "whatever voting method is used, the system is simple, accurate, verifiable, secure, accountable and transparent"
But What does the Law Say about Digital Voting System?
The Elections Act, 2011 states that there should be an established integrated electronic electoral system that enables biometric voter registration, electronic voter identification and electronic transmission of results.
Through this, IEBC is mandated to develop a policy on the progressive use of technology in the electoral process.
The law also requires IEBC to ensure that the technology in use under subsection is simple, accurate, verifiable, secure, accountable and transparent.
Omtatah accused Chebukati as the lead Commissioner of presenting confusing percentage voter turnout from 56.1 per cent on August 9 (5:00 PM), 63.6 per cent on August 9 (8;45 PM), 64.6 per cent on August 10 (2:40 PM) and 64.7 per cent on August 10 after all figures in the KIEMS kit were counted.
Though separate in the affidavits filed at the Apex Court, Omtatah's case was in support of Raila Odinga who is the lead petitioner in opposition of William Ruto's win.
