Orange Democratic Movement (ODM) head of presidential campaign Eliud Owalo (Right) addressing the press at Milimani Courts in Nairobi after filing a case to compel Safaricom and IEBC to provide them with data they need to use during their petition. NATION
By PAUL OGEMBA pogemba@ke.nationmedia.com
Posted Wednesday, March 13 2013 at 00:30
Posted Wednesday, March 13 2013 at 00:30
IN SUMMARY
- He wants a court order directing the IEBC to immediately release all forms 34, 35 and 36 from all polling stations and constituencies in relation to the presidential election and all the results that were declared electronically at the Bomas tallying centre.
The High Court has certified as urgent an application by Cord seeking to compel the elections agency and Safaricom to release information it needs to file a case challenging Mr Uhuru Kenyatta’s victory.
Mr Justice Isaac Lenaola directed Cord to serve the IEBC and Safaricom for an inter-parties hearing at 8.45am today.
The coalition had told the High Court that the Independent Electoral and Boundaries Commission (IEBC) was frustrating efforts to acquire information to back a case it planned to file at the Supreme Court.
The suit was filed by Mr Eliud Owalo, head of Cord presidential candidate Raila Odinga’s secretariat.
Mr Owalo said the IEBC and Safaricom had refused to release vital information to the case. He submitted that after the IEBC electronic tallying system collapsed, he became convinced that the outcome of the election was manipulated.
“I wrote to the IEBC on March 8 requesting information and data. I sent a similar letter to Safaricom whose services were used by IEBC to relay information from polling stations but they all refused to respond,” said Mr Owalo.
He wants a court order directing the IEBC to immediately release all forms 34, 35 and 36 from all polling stations and constituencies in relation to the presidential election and all the results that were declared electronically at the Bomas tallying centre.
He also seeks the log files for all short messages electronically received from Safaricom; contracts between the IEBC and all firms that provided software services; serial numbers of all hand-held transmission devices and the constituencies they were meant to be used; provisional register of all registered voters and the final voter register.
He wants Safaricom to release a printout of all messages sent through the hand-held transmission devices; contracts signed with IEBC in connection with the General Election and information transmitted to the IEBC server on March 4 and 5.
“The urgency in the matter is that we have only seven days to file a case at the Supreme Court and if the documents are not made available, our right to justice will be infringed on,” said Mr Owalo.
On Monday, three Cord senators-elect Mutula Kilonzo, James Orengo and Anyang’ Nyong’o also accused the IEBC of failing to provide them with crucial documents they need to challenge the results of the presidential election.
Mr Kilonzo said the case was an enormous undertaking and could not be rushed and demanded that the IEBC releases the information under Article 35 of the Constitution, which allows anyone to demand information from a public institution.
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