Friday, the 22nd of March 2013 -
The Independent Electoral and Boundaries Commission (IEBC) has called on the Supreme Court to dismiss the Presidential election petition filed by CORD’s Raila Odinga last Saturday.
The IEBC made the comments in reply to CORD’s petition which lists the commission, President-elect Uhuru Kenyatta and his deputy William Ruto as respondents.
The IEBC further claimed that the Supreme Court has no power to nullify the results of the Presidential election as released by the IEBC;
“There is no lawful basis whatsoever advanced by the Petitioner that would warrant either the setting aside of the results announced or the electoral process as a whole. The orders sought constitute a subversion of constitutional order,” reads the IEBC’s reply.
The IEBC further claimed that the use of Electronic Voter Identification Devices (EVID) did not affect the integrity of the results;
“Presiding Officers experienced challenges in the use of Electronic Voter Identification Devices (EVID) in some polling stations, which subsequently continued to do with the use of manual registers which themselves contain biometric details of voters. The integrity of the process was neither violated, vitiated breached, compromised or rendered ineffective.”
“Presiding officers did not breach Regulation 82 of the General Election as alleged by the petitioner since they indeed tried to transmit the said provisional results, but due to technological challenges did not succeed.”
The IEBC’s reply also reveals that it held a meeting with party representatives to inform them of the failure of the electronic transfer system;
“That after the RTS experienced operational challenges, the Commission at the National Tallying Centre (at Bomas of Kenya) held a consultative meeting with chief political party agents and an agreement was reached on the mode of verification of presidential election results brought in by Returning Officers.”.
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