The Independent Electoral and Boundaries Commission has insisted that it will only use Kiems kits to identify voters in next week’s general election.
IEBC has told court that they will not use any printed register to identify voters on Tuesday next week.
The revelations were made on Monday during the hearing of a case filed by seven lobby groups against IEBC.
The lobby groups moved to court challenging the decision by the poll agency to use Kiems kits as the only way to identify voters.
In the hearing, IEBC lawyer Edwin Mukele said the petition by the lobby groups was a misconception of the complimentary system envisaged under section 44 (a) for purposes of identification of voters.
“The commission in making the decision not to deploy the printed register to the polling stations acted within the law and as interpreted by the High Court and Court of Appeal in 2017,” he said.
Mukele said where a voter cannot be identified using biometrics, then the presiding officer shall use a complementary mechanism, which is the alphanumeric search in the Kiems kit, which shall be done in the presence of agents and the voter shall be issued with form 32A before being issued with the six ballots.
He argued that the complimentary system is not the printed register but it is identification by way of alphanumeric search.
“The third scenario is the printed register where the presiding officer will resort to using it after approval from the commission upon confirmation that the KIEMS kit has completely failed and there is no possibility of repair or replacement,” the court heard.
He said its clear that deployment of the printed register can only be done with the approval of the commission.
United Democratic Alliance has also supported the decision by IEBC to use Kiems kits.
Mutuma said the court ought to be very careful not to seem to interfere with the independence of IEBC.
He further submitted that IEBC has put in place adequate complimentary mechanisms for voter identification which need not to be interfered with.
Mutuma dismissed the argument of technological challenges saying Kiems kits don’t need internet for voter identification.
He said this is because all the voters data are captured in advance preloaded in the Kiems kits and are available to be retrieved even without internet connectivity.
“With or without internet, the Kiem’s kit will not be affected in terms of voter identification so its argument that the internet will fail is not true,” Mutuma said.
Lawyer Pamba Ouma for the petitioners argued that the law requires that the commission puts in place a complementary mechanism for identification of voters that is simple accurate and verifiable.
“However, in absence of a printed register as decided by IEBC, then the commission would be conducting an election without a complimentary voter identification,” he said.
It was his argument that technology is susceptible to attack whether technical or even through human elements so by the commission saying they will solely rely on Kiems kits there is a risk that voters in the forthcoming elections may be disenfranchised in the event of technological failure.
“For the commission to decide that there will be no printed register in the election is affront to the constitution and the Election Act to the regulations promulgated to govern the conduct of elections in this country,” he said.
Justice Mugure Thande will give a decision on the matter on Thursday this week on whether the commission will use printed register alongside the Kiems kits.
-Edited by SKanyara
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