Supreme Court: Ballot Boxes In 15 Polling Stations To Be Opened For Recount

UPDATE 5.01 pm: The Supreme Court has directed the acting Inspector-General of Police, Noor Gabow, to provide security during the recounting of ballots across 15 polling stations.

"We direct the Inspector General of Police in liaison with the Registrar of this Court to provide adequate security during the exercise of scrutiny," Deputy Chief Justice Philomena Mwilu ruled.

The Supreme Court of Kenya (SCOK) has ordered a recount across 15 polling stations; that is their ballot boxes to be reopened for inspection and the recount exercise.

The SCOK also ordered that the recount on the ballot boxes in the polling stations be done within 48 hours.

The polling stations targeted include Nandi Hills and Sinendeti Primary School in Nandi, Belgut, Kapsuser and Chepkutum Primary Schools in Kericho County; Jomvi, Mikindani and Ministry of Water Tanks Polling Stations in Mombasa County.

Others are Mvita, Majengo and Mvita Primary Schools in Mombasa County; Tinderet CONMO, in Nandi County; Jarok, Gathanji and Kiheo Primary School Polling in Nyandarua County.

Inside the Supreme Court of Kenya during the hearing of the presidential petitions on August 30, 2022. /ZAKHEEM RAJAN

"That the IEBC does deliver all ballot boxes in Bomet, Nandi, Kiambu, Kericho, Kirinyaga and Nyeri counties for inspection, scrutiny, recount and such terms as it deems fit," the SCOK ruled.

"Each Party shall be represented by two agents during the exercises above and they shall at times be under the supervision of the Registrar of the court and her staff. The Registrar shall file her report by 5 pm on 1st September 2022 and avail copies to all parties."

In its response to a Notice of Motion by Azimio Presidential candidate Raila Odinga and his running mate Martha Karua, which challenges the win by President-elect William Ruto, the apex court ordered the IEBC to deliver to the court the following documents for inspection:

All physical and digital(public portal) forms 34B in respect of the 290 Constituencies;

All Forms 32A used in the election to authorize the manual identification of voters.

The full KPMG Report on the Register of Voters; full audit report on the technology used;

Report of the vendor, due diligence, and technology used in the General Election.

Error forms signed by the Chairperson of IEBC during the tally and verification exercise at the National Tallying Centre between August 10 to August 15, 2022.

Copies of polling station diaries from Kiambu, Kirinyaga, Nyandarua, Nyeri, Muranga, West Pokot, Bomet and Bungoma Counties; result transmissions system simulation exercise report of the results; training schedule if any for technology operators.

The sign-offs/ verification of ballot paper printing and distribution, the terms of reference of all support contracts between Smartmatic International and Local Service Providers, the list of third party integration including APIs and associated security controls, and the list of data repositories for both the physical and digital copies of election materials.