The Supreme Court of Kenya has ruled out the plea to compel the IEBC to generate the Marked Voting register for all polling stations. Lawyer Kethi Kilonzo acting for Africog filed the application on March 25 aiming to produce Mark Registers that are sealed within special envelopes which are in turn sealed in ballot boxes.
Kilonzo insisted that the marked registers are much better than the electronic register since they provide the accurate number of voters. She said the electronic registers were not used and cannot be relied upon.
On the other hand, the Supreme Court termed the application as misplaced and misdirected. Justice Ibrahim Mohamed said that no application was filed for the notice with the Supreme Court.
“There was no formal application by the petitioner for the production of the Marked Voters register,” said Justice Mohamed.
According to the Supreme Court, the delay by the petitioner to officially file their application was the main reason behind dismissing the request.
“If the petitioner had filed the application within the constitutionally allowed time, then it would have captured the eye of the Judges and it would have been considered,” stated the Supreme Court.
President elect Uhuru Kenyatta’s lead counsel Fred Ngatia said that the application was not only out of time but was also filed with ill intention. The Supreme Court has also rejected an application by Prime Minister Raila Odinga’s (main petitioner) legal team to compel the IEBC to produce all electronic logs from its servers to be used in the case.
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