NASA (National Super Alliance) has lost a case against IEBC, a day after the Appeals Court ruled that Al Ghurair should proceed with the printing of presidential ballot papers. NASA wanted the polls’ exercise to be postponed if the electronic system fails, quoting Section 55(b) of the amended Elections Act which allows the election agency to postpone elections until a complimentary system is put in place.
NASA Lawyer Paul Mwangi had earlier told the court that the electoral commission had failed to put in place a complimentary system, consult relevant stakeholders, or even come up with the said system.
However, a three judge bench of the High Court, which included Justices Alfred Mabeya, Kanyi Kimondo, and Hedwig Ong’udi, has dismissed the case, outlining that IEBC had put in place measures to counter any system failures. They ruled that NASA didn’t bid precisely in the petition, adding that regulations 69 and 83 have already been put in place to cater for a complementary system as required by Section 44(a) of the Amended Elections Act.