This includes the forms used to announce the results of the elections at the polling station and the constituency tallying centre and to declare the result at the national tallying centre.
With regard to prayer seeking scrutiny of the biometric voter register, we see no reason to grant these prayers as the register is already in the public domain.
On the prayer that touches on access to all Kiems kits and servers for all constituency tallying centres, such a request is unrealistic given the short timelines.
With regard to prayers that majorly touch on the technological aspects of the presidential election petitions, we note that the orders sought are not practicable, reasonable and helpful to ensure that we reach a just and fair determination of the petitions.
With regard to prayer asking for the terms of reference between Smartmatic International and local service providers, we note that there may be possible legal issues that may arise, as this court cannot blindly grant orders.
Regarding prayer on the filing of further affidavits arising from the attainment of the information from the scrutiny exercise, such an order would only delay the proceedings. That prayer is therefore disallowed.
We hereby grant the following orders: 1. IEBC shall provide copies of its technology system security policy comprising but not limited to password policy, password matrix, owners of system administration password(s), system users and levels of access, and workflow chats for identification, tallying, transmission, and posting of portals and any API’s that had been integrated and the list of human interface and controls for such intervention SUBJECT however to any security-related issues thereof.
That IEBC be compelled to give supervised access to any server(s) at the national tallying centre.
The IEBC shall provide certified copies of penetration tests conducted on the IEBC election technology system.
IEBC is directed to avail partnership agreements with its technical partners, list of users, trail, and admin access to provide clarity on the IEBC systems and their usage for review and verification, SUBJECT however to any security-related issues thereof.
That the ballot boxes of 15 polling stations be opened for inspection, scrutiny and recount.
That the error forms signed by the chairperson of IEBC during the tally and verification exercise at the national tallying centre between August 10 and 15, 2022, be provided to the applicants.
That IEBC should provide certified copies of Forms 32A and 34B Book 2 used in the impugned election SUBJECT to the applicants providing to the IEBC specific contested polling stations for compliance thereof.
That the above exercise shall be conducted within 48 hours.
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