The National Super Alliance (NASA) has again lost a lawsuit in which they were seeking to have the August polls put off in counties, constituencies or wards where the electronic system may fail.
While delivering the judgment, the three-judge bench ruled that granting the orders sought by NASA would set the country down a dangerous path.
Judges George Hedwig Ong’udi, Kimondo and Alfred Mabeya added that the electoral body has adopted regulations to cater for both identification of voters and transmission of results in case the system fails.
“The court had to consider the impact in case the electronic system fails and lack of an alternative would throw the entire election in jeopardy and put at risk our democracy.”
This comes a day after the Court of Appeal over-turned a High Court decision that had stopped Dubai-based Al Ghurair from printing presidential ballots.
NASA wanted the court to compel the IEBC to exclusively use the electronic system on polls day, accusing it of failing to put in place a complementary one at least 60 days to the General Election.
Contrary to NASA’s claims, the court held that IEBC has indeed put in place a complementary system whose regulations were approved by Parliament which represents Kenyans.