July 3, 2024

IEBC declines to provide three key items during the scrutiny of servers, Judicial report

2 min read

IEBC declines to provide three key items during the scrutiny of servers used in the August polls according to a report filed by the registrar of the Supreme Court.

In response to a Supreme Court ruling, the Independent Electoral and Boundaries Commission (IEBC) was asked to give three essential elements for the examination of the servers used for the elections on August 9.

The Commission allegedly declined to give a forensically recorded image of the server hosting Form 34C, which was used to declare William Ruto the president-elect, according to a report submitted by the Supreme Court registrar.

In their reply, IEBC explained such a move would expose their servers and leave the system open to attack.

Alternatively, agents of former Prime Minister Raila Odinga, Ruto, and representatives of the court were allowed real-time access to their live server. 

“IEBC committed to providing a forensic image of form 34C to the court for the parties to apply for access. On September 1, the forensic image was availed to court,” read the report in part.

Secondly, IEBC declined to avail the agreements it entered with various technological companies. 

IEBC explained that they would be going against the Non-Disclosure Agreements hence committing a crime in the process.

The Supreme Court had directed IEBC to provide the said agreements for scrutiny by the agents of the petitions and the court.

“IEBC is hereby directed to avail partnership agreements with its technical partners, list of users, trail, and admin access to provide clarity on the IEBC systems and their usage for review and verification, subject however to any security related issues thereof,” the seven-judge bench ordered then.

The commission, instead, provided sealed agreements to the apex court. 

The Commission also failed to avail details of owners of the system administration passwords citing that they had been exempted from giving details of the password owners as such an action would breach the privacy of their staff.

In the supreme court order, IEBC was directed to provide copies of the password policies, however, the Commission was at liberty to decline if any security issues arising from the directive.

Also read,

IEBC explains why it can’t grant Azimio full access to its servers

Smartmatic writes to IEBC declining to open servers as directed by the Supreme Court

Raila meets Mt Kenya politicians who lost in the August polls

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