The ruling of the presidential petition is currently underway at the Supreme Court at the Milimani Law Courts.
On the second issue for determination,on whether there was interference in the uploading and transmission of Forms 34A from polling station to IEBC public portal, Chief Justice Martha Koome stated that no evidence was provided in court to prove that anyone accessed the IEBC system to intercept the forms.
The first petitioner in the case had stated that an individual who had access to the IEBC’s Results Transmission system intercepted the forms that were uploaded from the polling station, manipulated them, before reuploading them to the system.
In their response, IEBC denied that there was a person who infiltrated their system to manipulate the results in forms 34A. According to the commission, the forms were received immediately after they were uploaded as evidenced by the time stamp.
In their findings, the judges ruled that;
No credible evidence was provided to prove that anyone accessed the Results Transmission System to intercept, detain or store forms 34 A temporarily before they were uploaded to the public portal. The allegations that 11,000 forms 34A were affected were similarly not proved.
Secondly, the judges dismissed the allegation that IEBC, its officials and strangers used a tool to tamper with forms 34A before converting them to PDF that eventually appeared on the public portal. According to the ruling, IEBC sufficiently demonstrated how KIEMs captured and transmitted the images of forms 34A.
The judges further found out that the transmission logs produced by IEBC commissioner Justus Nyang’aya were of no value following an ICT scrutiny on the logs. According to CJ Koome the original forms 34A from the affected polling stations were the same as those displayed on the IEBC portal.
The issue of the integrity of the public portal being compromised was also disproved by unique timestamps, uniform PDF conversions at the polling station, correct polling station mapping among others
The court further noted that the RTS was configured to a virtual Private Network, the sim cards were locked to a specific polling station, the server was configured to accept results from authorized KIEMS kits adding petitioners failed to prove the contrary.
The ruling further stated that no evidence was provided to show that IEBC chairman and staff conspired to interfere with the transmission process.
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