Editor's Review

"With the limited access provided yesterday to server number five, our team were able to observe a large number of deletions."

Azimio Presidential candidate Raila Odinga's lawyer have revealed a snippet of an observation made in the Independent Electoral and Boundaries Commission servers.

In his submission to the Supreme Court of Kenya Thursday morning, Lawyer Philip Murgor observed that there were multiple deletions in IEBC servers during the limited access they were granted on Wednesday.

"With the limited access provided yesterday to server number five, our team were able to observe a large number of deletions," Murgor told the Supreme Court of Kenya.

IEBC Chair Wafula Chebukati. PHOTO | COURTESY

Murgor also divulged that the IEBC has only given them access to one server, out of the eight used to conduct the August 9 election.

He divulged the IEBC has also refused to provide access to a forensic image of the servers.

"I wish to report that as of this morning, nothing has changed. IEBC continue to refuse to provide the forensic image of all eight servers," Murgor added.

In a letter to IEBC dated August 31, Smartmatic International a holding declined court request to provide an Image of NTC servers that hosts form 34 C of presidential election held on August 9.

The company's Managing director F. Gunnick 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. 

He added:

"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."