Nairobi High court has ordered the Independent Electoral and Boundaries Commission (IEBC) to use a manual register in the August 9th general election.
Justice Mugure Thande said that the move is unconstitutional and failure of the technology might leave other voters out.
“In the event that the Kenya Integrated Election Management System (KIEMS) kit do not pick details of other voters what will happen to those voters,” said Thande.
By the impugned decision, IEBC has failed to make administrative arrangements for the conduct of the elections designed to facilitate elections and not deny an eligible citizen the right to vote as required by law
Justice Mugure Thande
The court further ruled that the decision of the commission violates the constitution.
“By the impugned decision, IEBC has failed to make administrative arrangements for the conduct of the elections designed to facilitate elections and not deny an eligible citizen the right to vote as required by law,” ruled Justice Thande.
The court supported its decision saying that the manual registers would be appropriate in the event that the device malfunctions.
Next Cause
IEBC Lawyer Edwin Mukele asked the court to give them the typed judgement by noon so that the commission can decide the next cause of action as they prepare for Tuesday polls.
IEBC had made a decision not to use printed registers on election day because they would open door for electoral malpractices.
However Azimio presidential candidate Raila Odinga had suggested that the manual register must be used in the general elections.
