The Supreme Court denied a plea by Raila Odinga's legal team for the judges to issue an order to the Independent Electoral and Boundaries Commission (IEBC) to grant full access to all its servers.
Responding to issues raised by Senior Counsel Philip Murgor on Thursday, September 1, Justice Isaac Lenaola refused to grant the prayers by the advocate who claimed that IEBC gave access to only one server.
Justice Lenaola reckoned that it would only allow Raila's legal team and the IEBC to submit their claims once it receives a report from a technical team dispatch by the court to oversee the surpervised access to servers.
"We received a full report from the technical team that was at IEBC and we were informed that the process of compliance was completed last night. As far ass out team is concerned the process has been finished
"Should there be any issues or any concerns that the parties have, let those issues be addressed once we receive those reports this morning.
The judge noted that after the looking at the report, both the IEBC and Raila, through their advocates, will make submissions and responses in court.
"You can address the question of noncompliance, servers you think were not accessed, the question on the information you received from your agents who were present and you the IEBC can respond to the complaints by the petitioners counsel
"The court will accurately determine what is the input of what you are saying. As far as we are concerned, that matter is spent, please address us tomorrow substantively once we receive the report," Lenaola stated.
In his submissions, Murgor claimed that the Wafula Chebukati -led commission was attempting to intentionally delay the process in a bid to limit the information Raila agents could access.
He also asked that the apex court to extend the time allocated to access the servers, a prayer Justice Lenaola turned down.
"With the limited access, our team was able to observe a large number of deletions. We are concerned that the delay by the IEBC is to delete vital data and finally will not provide the information will require or provide logs that have no use," Murgor stated.
In a statement relesed by IEBC on August 31, the electoral body noted that it had complied with the order by the Supreme Court and made their systems available for supervised access.
"Following the Supreme Court order, IEBC has granted access to the parties to access the servers and the scrutiny exercise is ongoing," read a statement from the Commission.
