The management of an apartment in Nairobi's Kilimani provided CCTV footage that allegedly showed IEBC commissioner Irene Masit arriving at the apartment on August 15.
In the video that was shown to the public on Thursday, December 22, Masit allegedly entered the apartment's elevator at 8:39pm in the company of two gentlemen and a security officer stationed at the property.
However, the footage was questioned by Masit's legal team who cast doubt on its clarity and argued that its subjects could not be easily identified.
In response, an official from the hotel management maintained that the apartment's team identified the commissioner claiming that she was a well known public figure.
"There was widespread political news (at the time) given that it was the election period so our team was able to identify four of the commissioners.
"Since we could not capture the identification numbers, we managed to save the footage on their arrival date," the official stated.
Nonetheless, Masit - who was represented by a city-based lawyer - put the apartment official to task on whether he was definitively sure that the lady captured on CCTV was Masit given the footage only gave a view of her back.
Additionally, the lead counsel also wondered why the management decided to share the private pieces of information of his client despite the Data Protection laws.
He expressed that the apartment was out of order given that there was no court order compelling them to do the same.
"Did you disclose to Masit that they would provide the information?" he posed.
In response, the apartment official explained that they provided evidence to the tribunal led by Justice Aggrey Muchelule having received a demand letter challenging them to surrender the information.
Some of the items provided by the Kilimani-based apartments include hotel log-ins, mobile money payment receipts and car registration numbers.
It was alleged that former Jubilee Secretary general Raphael Tuju and his KANU counterpart Nick Salat visited the commissioners on separate occasions based on the hotel's log-ins
After the hotel management gave their testimonial, IEBC CEO Hussein Marjan explained why Government cars used by Masit and her former colleagues (Juliana Cherera, Francis Wanderi and Justus Nyang'aya) had private number plates.
"My work as the Commission's secretary is to assign them cars. When we procured it, it had a GK number plate but for security reasons, we give them private number plates.
"We usually write to the police and they basically facilitate that," he clarified.
