LSK committee to probe election failures

By Standard Digital Reporter

 Nairobi, Kenya: The Law Society of Kenya (LSK) has formed a Committee to probe mass failure of electronic technology during the concluded General Elections.

LSK Chairman Eric Mutua said the nine-member Committee entails lawyers who are also experts in telecommunications, governance, procurement and elections.

“We want to determine circumstances that led to the alleged failure of the technology system used for voter identification and transmission of results,” Mutua said.

The Committee includes Koki Muli who is an expert in electoral laws, Maina Kiai (human rights), Stephen Kiptinness and Alice King’ori (telecommunications law experts).

Others are Governance expert George Kegoro, Kibe Mungai (election petitions and constitutional law) and Judith Guserwa (procurement law).

Legal Scholar Prof Ben Sihanya and Ken Nyaundi – a lawyer who is an expert in information communication technology and electoral law are also members.

“LSK has a Statutory mandate under Section Four of the LSK Act to protect and assist the public in all matters touching, ancillary or incidental to the law,” Mutua Said

Mutua said the terms of reference of the Committee entails to establish whether the electronic gadgets used during the March 4 polls were legally acquired.

“We want to probe whether the Independent Election and Boundaries Commission (IEBC) Voter Identification and Electronic Transmission Systems were properly procured and deployed,” Mutua said.

He said that the Committee which should complete it tasks within 45 days would also determine circumstances that led to the failure of the electronic gadgets.

“We are also interested in determining whether the software supplied for the electronic systems were compatible with IEBC's equipment, had warranties and necessary back up,” Mutua said.

The LSK Chairman said that the professionals would also probe whether IEBC staff or any person by omission or commission was negligent or irresponsible for the system failure.

“We want to determine whether the failure to use the Electronic Voter Identification and Transmission Systems compromised integrity of the Presidential Elections,” Mutua said.

The LSK Chairman who said that other related matters would be probed said the professional body would make appropriate recommendations on concluding the determinations.

“The report should inform decisions to be taken in order to improve the electoral system and avoid similar occurrences in future as witnessed in the concluded polls,” Mutua said.

Mutua exuded confidence that findings of the Committee would include identifying those responsible for any acts of omission and commission during the General Elections.

“LSK had 2,000 observers in the concluded General Elections countrywide,” the LSK Chairman said.