Smartmatic International a holding has declined court request to provide an Image of NTC servers that hosts form 34 C of presidential election held on August 9.
In a letter to the Independent Electoral and Boundaries Commission, the company's Managing director F. Gunnick has divulged that it is impossible to grant the request.
Gunnick said such an image contains sensitive information that sharing it with the public would amount to copyright infringement.
"As per your request regarding the provision of Image of NTC servers, we would like to clarify that such image contain software owned and copyrighted by Smartmatic and is thus IP protected. Providing full access would infringe our intellectual property rights," Gunnick stated.
"Providing parties access to our source code abs security features including transmission certificates and encryption keys would render the system insecure as it is today, for any future use in Kenya or anywhere else in the world. In addition to violating our IP rights, this would also jeopardize elections in other countries that are using or have used our system."
The company has however recommended that the IEBC should provide all collected data related to the results transmission system and all transmission system logs.
The company said the information should be sufficient to extensively audit the Results Transmission system and to verify that it worked properly.
Gunnick added that all physical reports were available online in real-time since election night.
He said all political parties, certified NGO election observers had access to those tallies and were able to audit the results independently.