This is after the High Court on Thursday ordered the polls agency to use the printed manual voter register alongside the Kiems kit as it is stipulated in law.
In June, IEBC chairman Wafula Chebukati wrote to Azimio la Umoja Coalition Party, saying agency would not use the printed register, but instead use Kiems kit to identify voters.
However, Justice Mugure Thande faulted the commission for reaching the decision, which violates the law.
"A declaration is hereby issued that decision of the commission and Chebukati in a letter dated June 10, 2022, stating that it shall not use a manual register of voters in the general elections is unconstitutional and the said decision is hereby quashed," the judge ruled.
The court found that the decision by the IEBC to abandon the printed register violates the clear provisions of the Constitution, which provide that where an electronic voter identification device fails then, as such, a voter would be identified using a printed register.
“What then will happen to a registered voter whose details cannot be picked by the Kiems kit for failure of technology in light of the decision by IEBC not to use printed register?” the court said
Justice Thande said if the decision is allowed to remain unchallenged, the result would be that voters' constitutional right to vote under Article 38(b) would be violated.
The court said there is a real risk of disenfranchising eligible voters if the decision by IEBC is allowed.
“The court must therefore step in through its supervisory jurisdiction to ensure that the commission, though independent, operates subject to the law,” the judge said.
The court also said in its letter to Azimio that IEBC did not make any room or allowance for failure of technology, noting that it was submitted that the Kiems kit does not require internet connectivity for identification of voters.
“However, it’s common knowledge that data and devices such as mobile phones and even computers which don’t require internet do get lost or corrupted or interfered with through criminal and human elements,” the court said.
Justice Thande further said all systems, whether manual or electronic that are handled by human beings, are susceptible to manipulation.
(edited by Amol Awuor)
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