A Supreme Court order which granted presidential poll petitioner, Raila Odinga, a read and copy only access to the IEBC servers is yet to be fulfilled by the 1st respondent as the IEBC server administrators are “still asleep”.
According to the IEBC lead counsel, Paul Muite, the servers are located in Europe, whose time zone is two hours behind Kenya, hence the technicality.
The National Super Alliance (Nasa) lawyers on Tuesday told Supreme Court judges that they were experiencing difficulties in accessing the Independent Electoral and Boundaries Commission (IEBC) servers despite the Monday court order.
NASA lead counsel James Orengo, addressing the Court immediately after President Uhuru Kenyatta’s lawyer, Ahmednasir Abdullahi, had made his submission Tuesday, said the IEBC was frustrating their efforts to access the servers.
Lawyer Paul Muite, however, denied Orengo’s non-compliance claim, saying the matter was occasioned by the time difference between Europe and Kenya.
Muite said IEBC servers are located in Europe and the administrators who should give NASA the access to the servers are still “asleep” and when they wake up in one hour’s time NASA will be granted their wish.
“Europe is a couple of hours behind. I am instructed that NASA would be given access to the IEBC servers in the next one hour or so. It is not us (denying NASA access to IEBC servers),” said Muite.
Orengo dismissed Muite’s excuse as “unjustifiable”, saying Supreme Court orders were made when people in Europe were awake.
Chief Justice David Maraga told Muite and team to ensure that they call the server administrators and “ask them to wake up and grant NASA access to the servers” as quick as possible.
An ICT officer designated by the Supreme Court from among its ICT staff and two independent IT experts appointed by the court shall supervise access to the IEBC servers.
A report on that exercise and related issues shall be filed by the said officer and experts by 5.00 p.m. on Tuesday, 29th August 2017 and parties are at liberty to submit on it at the end of the hearing.