The IEBC will use a complementary system (back up) should the electronic one fail to verify voters and transmit the results on August 8.
This is after the High court declined to compel the IEBC to exclusively use the electronic system on polls day over claims it has failed to put up a complimentary one at least 60 days to the general elections.
Presiding judges George Kimondo, Alfred Mabeya and Hedwig Ogundi dismissed the case lodged by NASA as one lacking in merit.
The bench declined to declare that elections should be postponed if the electronic system fails saying that would throw the country into jeopardy.
“The court had to consider the impact in case if the electronic system fails.It would throw the entire election into jeopardy and imperil our democracy”
They added, “this would run counter to the political rights of the citizens as enshrined in the Constitution.”
Would not be feasible
Having held so, the bench said it would not be feasible to declare the forthcoming elections to be exclusively electronic.
Contrary to NASA’s claims , the court held that IEBC has put up a complementary system whose regulations were approved by Parliament which represents Kenyans.
“We hold that IEBC has put up a complementary system for identification of voters and transmission of results, “they ruled.
In addition, the court held that in putting up mechanisms regulating the complementary system, there was public participation.