The opposition National Super Alliance (NASA) has lost yet another court battle against the Independent Electoral and Boundaries Commission (IEBC), only hours after their appeal linking President Uhuru Kenyatta to Dubai-based ballot printing firm Al Ghurair was quashed by the Appellate Court.
The Raila Odinga-led NASA on Friday lost their bid to have the High Court compel the IEBC to postpone the August 8th elections in affected counties, constituencies or wards, in the event that electronic voting system fails.
NASA in its petition argued that the IEBC had failed to put in place a complementary voting system, a requirement of the law, and used Section 55(b) of the amended Elections Act, to argue that IEBC should postpone the elections until there is a complementary system.
Delivering a ruling to the opposition’s petition, Justices Kanyi Kimondo, Hedwig Ong’udi and Alfred Mabeya of the High Court threw out the case, allowing IEBC to use manual system as a back-up in case machines failed during voting.
The court ruled that NASA failed to convince in their presentation and that regulations 69 and 83 were already in place to cater for a complementary measure as required by section 44(a) of the amended elections Act.
"It would not be feasible to postpone the election as the date has been cast in stone," they ruled.
NASA was consequently ordered to pay IEBC and the Jubilee Party the costs they incurred in the lawsuit.