The Court of Appeal on Friday handed the Independent Electoral and Boundaries Commission (IEBC) another win against National Super Alliance (NASA).
The Appellate court dismissed a case by Nasa opposing the use of manual backup by the electoral commission in the August 8 elections in the event that electronic system fails.
Delivering the ruling judges said they found no ground to revoke a decision made earlier by the High Court, which dismissed the case by National Super Alliance (Nasa).
Nasa in their petition opposed plans by the Electoral agency to use a register, generated from the voter electronic system to identify voters in case the electronic system fails on polling day.
“One of the dangers of the manual system is that it has no inbuilt mechanism to stop fraud. It is open to manipulation,” Nasa lawyer Paul Mwangi said.
He told judges to rule that elections should be exclusively electronic, to block anyone who might conspire to rig the polls.
IEBC and Jubilee however, through lawyer Paul Muite, poked holes on the opposition outfit's argument.
A three judge bench dismissed the case by opposition saying it would not be feasible exclusively declare the use of electronic system only, which was upheld by the court of appeal.
The Judges argued that the impact in case the exclusive electronic system fails, would throw the entire election into disarray and imperil the country’s democracy.