Supreme Court has ordered a recount of votes in 15 polling stations in four counties ahead of the hearing of the consolidated presidential petition.
In orders issued on Tuesday, August 30, 2022, a seven-judge bench led by Chief Justice Martha Koome, directed the Independent Electoral and Boundaries Commission (IEBC) to open ballot boxes in the affected regions for inspection, scrutiny and vote recount.
The polling stations are: Nandi Hills and Sinendeti Primary School in Nandi county, Belgut, Kapsuser and Chepkutum Primary Schools in Kericho county; Jomvi, Mikindani and Ministry of Water Tanks Polling Stations in Mombasa county; Mvita, Majengo and Mvita Primary Schools in Mombasa; Tinderet CONMO in Nandi county; Jarok, Gathanji and Kiheo Primary School polling stations in Nyandarua county.
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The court also ordered scrutiny of forms 34A transmitted through the KIEMS kits from the polling stations in the elections held on August 9.
The inspection and vote count report will be tabled before the court at 2:00 pm, Thursday, August 31.
"Each Party shall be represented by two agents during the exercises above and they shall at times be under the supervision of the Registrar of the court and her staff," the orders read in part.
"The Registrar shall file her report by 5 pm on 1st September 2022 and avail copies to all parties."
The court further directed IEBC to provide the applicants with copies of its technology system security policy comprising, among others, password policy, password matrix, owners of system administration password(s), system users and levels of access, and workflow chats for identification, tallying, transmission, and posting of portals and any API’s that had been integrated into the system.
IEBC has also been asked to give the applicants supervised access to its servers.
"The IEBC shall provide the applicants with Certified copies of penetration tests conducted on the IEBC election Technology System prior to and during the 2022 General and Presidential Election including certified copies of a) all reports prepared pursuant to Regulation 10 of Election (Technology) Regulations, 2017, and b) certified copies of certificates by a professional(s) prepared pursuant to Regulation 10(2) of
Election Technology) Regulations, 2017," the judges added.
Earlier, the Supreme Court judges consolidated the seven petitions challenging the election of Kenya Kwanza Alliance leader William Ruto as President-elect.
CJ Koome said the petitions raise similar issues and seek similar orders.
The court listed Azimio la Umoja - One Kenya coalition party leader Raila Odinga and his deputy Martha Karua as lead petitioners.
