Nasa found other ways of accessing the IEBC server after last year's August election due to the IEBC's refusal to open them.
Rarieda MP Otiende Amollo said this at Parliament on Wednesday sparking conversations about whack hacking means and whether this is what happened.
"Those of us who belong to the Nasa coalition complained in the Supreme Court, which directed that servers be opened, but the commission refused. We were able to access the servers and we published results," he said.
On January 30, the
IEBC refuted Nasa's claims that Raila Odinga won that presidential election saying the Opposition's allegations were false and meant to disgruntle Kenyans.
The coalition had
presented a report on the results through which they said Raila's January 30 swearing-in would be based.
The report showed he got 8.1 million votes compared to President Uhuru Kenyatta's 7.9 million.
Amollo had been giving his comments during heated debate on the
Cyber Security Bill.
He said the bill does not pass the test as it creates immense confusion as to what national security is.
"If this bill was a law we would now be serving jail terms of not less than five years or we would be compelled to pay hefty fines," he said, adding it is "heavy" on penalties for 17 offences.
The MP noted jail terms can be of at least three years and utmost 25, with fines going up to Sh25 million.
"This is the heaviest penalty in any legislation, Madam Speaker (Beatrice Elachi). It does not exist any where. Creating severe penalties is not deterring people from offences. People will only circumvent. Criminal jurisdiction suggests creation of rational offences ... ones that are not outrageous," he said.
Amollo further said the
bill does not define what national security is, thus qualifies anything to be rated as such.
Regarding child pornography, he said the proposal has a "strange exclusion" in section 13(2) where it established intentions for bona fide scientific research.
"What bonafide scientific research can there be in child pornography? This is a bizarre. In regards to cyber stocking the bill is also very unclear."
Murang'a woman representative Sabina Chege, standing on a point of order, demanded that Amollo withdraw the statement alleging the Opposition hacked IEBC servers.
Chege noted the sentiments can be put on record and used against the MP.
"It should be put on record that the MP presents evidence that they hacked the servers or withdraws the statement," she said.
"If they accessed the servers, that is hacking, so they must be held criminally liable. This bill has come in time ... we must act or the MP must apologise."
Her sentiments were echoed by Wambugu Ngunjiri (Nyeri Town)
who demanded to know the meaning of hacking.
Ngunjiri said Nasa MPs should be tasked with telling Kenyans how they accessed the servers.
"If they claim this is not hacking, they should define what hacking is so that we all understand what they did," he said.
But Makueni lawmaker Daniel Maanzo defended Amollo saying there was nothing criminal in what Nasa did.
Maanzo noted that by that time, the law that criminalises such activities was not in place
"Hacking is not a crime as such as long as you do it for the common good of the people.
[Amollo has not done anything wrong]. When you speak the truth and it is justifiable, there is no case against it."
The bill will be presented for a second reading after the amendments that the MPs presented.