After a meeting with the Independent Electoral and Boundaries Commission (IEBC) led by its Chairman Wafula Chebukati, the National Super Alliance (NASA) demanded access to the electoral commission’s servers as a condition to accepting the outcome of the 2017 presidential election.
NASA had claimed that the IEBC servers had been hacked in attempt to tamper with the presidential results, nonetheless, IEBC denied claims that its servers were hacked and dismissed a document produced by NASA purporting to show logs on their server.
The coalition sent a letter to the commission highlighting the following issues,
- NASA has in its possession the actual Presidential Election results contained in the Commission’s data base.
- The authentic and legitimate results of the Presidential Election is the transmission received in the IEBC servers.
- NASA has in its possession data from the IEBC servers and screen shots showing the results as displayed on the Commission’s website and its displays at Bomas.
- According to NASA, at the time of writing the said letter, H.E. Uhuru Kenyatta and Hon Raila Odinga had garnered 7,755,428 and 8,041,726 votes respectively in the General Election held on 8th of August, 2017.
NASA, also requested that, IEBC stop forthwith the display of unverified and unauthenticated results, allow political parties to download all the Forms 34A and Forms 34B to enable them verify the information expeditiously and lastly Rt Hon Raila Amolo Odinga and Hon Stephen Kalonzo Musyoka be declared as the President and the Deputy President of the Republic of Kenya.
The Commission responded to the letter highlighting the key concerns as follows;
- The Court of Appeal in Civil Appeal No 105 of 2017 IEBC Vs Maina Kiai & Others held that the results of the Presidential Election would be electronically transmitted from the polling stations to the constituency returning officers, who would tally and verify the said results and in compliance with Section 39(1)(c)(a), Elections Act, electronically transmit the results to the Commission at the National Tallying Centre. The final results of the presidential Election is that declared by the Chairperson of the Commission being the aggregate of the results announced by the 290 Constituency Returning Officers.
- IEBC requested that if NASA had data that was different, they should therefore present the same numbers and attached copies of Form 34As or 34Bs or the raw data allegedly contained in the IEBC servers for purpose of authentication.
- In regards to Raila Odinga being declared as a President, Commission will only declare the results of the Presidential Election as directed by Article 138(3)(c) & 138(10) of the Constitution. The Constitution and the law do not envisage a situation where a candidate in an election demands that he be declared the winner of an election based on results that he has provided to the Commission.
- Finally Article 249 of the Constitution stipulates that the Commission is independent and not subject to the control of any person or authority. In the circumstances the demands are made constitute a direct violation and breach of the independence of the Commission and are therefore unconstitutional
NASA was, through its chief agents, participating in confirmation of results of Form 34B at Bomas. Form 34As were available on the Commission’s public portal, the Commission was aware that a large number of members of the public accessed the said information. From the time the information was uploaded there have been no claims from members of the public regarding any inconsistencies or deficiencies with the information.