IEBC Vendors Must Disclose Election Technology as Per Supreme Court Guidelines

• Former Attorney General Justin Muturi has called for mandatory disclosure of election technology by IEBC vendors, aligning procurement rules with Supreme Court guidelines.
• The proposal aims to ensure transparency and verifiability in electoral systems, preventing any potential manipulation or tampering with electoral results.
• Muturi believes that no technology provider should be allowed to invoke intellectual-property rights to restrict authorized access to election systems and servers.
• The call for transparency in election technology disclosure is crucial for ensuring electoral integrity and has significant implications for future election petitions.

Intellectual property cannot be unconditional where public elections are concerned. A vendor cannot be allowed to hide behind proprietary rights when Kenyans, authorised institutions or the courts need to establish whether an electoral system functioned properly.

The call for mandatory disclosure of election technology by IEBC vendors has been made by former Attorney General and National Assembly Speaker Justin Muturi, who believes that procurement rules must be aligned with Supreme Court guidelines. This proposal comes at a critical time as the IEBC begins fresh procurement of election technology ahead of the 2027 General Election. The focus on transparency and verifiability in electoral systems is essential to establish the integrity of election results. According to Muturi, no technology provider should be allowed to invoke intellectual-property rights to restrict authorized access to systems, servers, logs, and audit trails required for scrutiny and verification.

The proposal builds on Muturi's broader campaign for electoral integrity, which includes calls for a forensic audit of the population and identity-management systems. This effort aims to ensure that sensitive electoral procurement is subject to independent review. The Supreme Court's guidelines on electoral systems require them to remain open to lawful scrutiny and verification, and Muturi believes that this principle should be upheld in all aspects of election technology disclosure.

The issue at hand is not about absolute ownership of intellectual property but rather about balancing public interests with proprietary rights. According to the Supreme Court's guidelines, electoral systems must remain open to lawful scrutiny and verification. This means that technology vendors cannot hide behind proprietary rights when Kenyans, authorized institutions, or the courts need to establish whether an electoral system functioned properly. The proposal emphasizes that every technology vendor should accept, before being awarded an electoral contract, that relevant system logs, servers, audit trails, and other technical records will be available for lawful scrutiny by the IEBC, authorized auditors, independent experts, investigative institutions, and the Judiciary.

The 2022 presidential election highlighted the importance of access to IEBC servers and election technology. The Supreme Court ultimately dismissed the petitions challenging William Ruto's election, but its proceedings included orders allowing scrutiny of election technology and servers. This experience underscores the need for transparency in electoral systems and the importance of adhering to the Supreme Court's guidelines on intellectual property rights.

The proposal for mandatory disclosure of election technology by IEBC vendors is crucial for ensuring electoral integrity. The focus on transparency and verifiability in electoral systems is essential to establish the integrity of election results. According to Muturi, access to relevant system logs, servers, audit trails, and other technical records is critical for lawful scrutiny and verification. This proposal has significant implications for future election petitions, where access to IEBC servers and technology may be crucial in establishing the integrity of election results.

The Supreme Court's guidelines on electoral systems require them to remain open to lawful scrutiny and verification. By upholding this principle, the proposal aims to prevent any potential manipulation or tampering with electoral systems. The call for transparency in election technology disclosure is a step towards ensuring that elections are free from irregularities and that the will of the people is reflected accurately.

Lawyers should watch for the potential implications of this proposal on future election petitions, where access to IEBC servers and technology may be crucial in establishing the integrity of election results.

Source: Original reporting via Muturi demands mandatory election technology disclosure as required by the Supreme Court