IEBC’s refusal to give access to servers means the Opposition was right about hacking claims, Supreme Court judge Philomena Mwilu has said.
Reading the majority judgement on Wednesday, the Deputy Chief Justice said IEBC’s IT system was infiltrated and compromised and data contained in servers altered.
“The system was compromised and contaminated or the IEBC interfered with the data and refused to accept that it had bungled the system,” she said.
“Our order of scrutiny was a golden opportunity for IEBC to discredit the petitioner’s claims but they disobeyed the court order.”
Mwilu further said the electoral agency “contemptuously disobeyed” the court order which she noted was “critical”.
“IEBC should have had backups. We gave the petitioner a read-only access but there was clear reluctance on the IEBC’s part that they did not want to give the information.”
She added questions on the validity of extra votes in the presidential election, compared to other posts, did not receive a satisfying response.
On August 29, NASA accused IEBC of failing to comply with Supreme Court order to grant it access to its servers.
The Opposition said the electoral agency only allowed printed logs contrary to court orders.
The Supreme Court earlier ordered IEBC to allow NASA, which is disputing the results of this month’s presidential poll, to have access to its computer servers and electronic devices used in the counting of votes.
Justice Isaac Lenaola said NASA and Jubilee could have limited access to the electronic devices to verify certain details.
Lenaola said the petitioners should also be given accessto login trails of users into the IEBC servers, password policy and the password matrix.
“They should also be given certified copies of certificates of penetrations test prior to elections, specific groups location of KIEMS within August 5 to 11,” he added.