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Positives for Kethi in bid to clear corruption allegations

08 April 2014, 13:37 Victor Tinto

Nairobi - Lawyer Kethi Kilonzo now has access to the voter documents that led to her nullification to vie for the senate seat which fell vacant after the death of her father Mutula Kilonzo.

This follows an order requiring the Independent Electoral and Boundaries Commission, IEBC provide the voter registers and finger prints for all registered voters in Ngong Forest Primary polling station and the NCC social hall in Langata. 

An agreement between Ms Kilonzo and the IEBC was struck yesterday outlining that the voter documents ordered for were now in possession of her lawyer Ms Julie Soweto.

According to a report tabled before Justice David Majanja, Ms Kilonzo’s team was shown two data base records of registered voters specifically for the NCC social hall and Ngong Forest Primary polling station. 

The records revealed a photolist database accessible from a computer with a register of voters with pictures, an Elecronic Voter Identification Device, the EVID with a biometric data database.

“The database only shown on hand held EVID from which only total figures could read visually,” the report said.

According to the report the photolist database contained a total record of 3,880 registered voters in the NCC social hall.

From the EVID database, the same hall showed a total of 2,884 registered voters registered with biometrics, the report read.

The IEBC records further illustrated that there are 14,352,533 registered voters with biometrics country wide.

The photolist from Ngong Forest Primary voting station revealed that there were 1,838 registered voters and from the EVID the same station had 2,678 registered voters as on March 4 2014.

In addition the report stated that Ms Kilonzo was unable to access the names of the voters in the NCC social hall and Ngong Forest polling centres on the basis that the system is not designed to generate a voter list for external analysis and printing.

“Using a name or identity document, a voter’s particulars could be searched on the Evid,” the report says.

The case is pursuant to allegations levelled against the former Makueni Senator’s daughter that she acquired voter registration illegularly prompting the IEBC to take her to court.

Ms Kilonzo was on September 3 2013 charged with stealing an electoral commission acknowledgement slip valued at Sh5, handling stolen goods and uttering a false document.

She denied the charges after acting chief magistrate Doreen Mulyeko dismissed an application by her lawyer seeking to defer the plea taking.

The register was among the documents that the lawyer had sought from the IEBC to assist her in preparation of her defence.

Ms Kilonzo, was investigated by the police after the electoral commission alleged that a registration slip that she produced as evidence of her registration as a voter in Langata had been stolen from the commission.

Ms Kilonzo, went to court on August 5 seeking orders compelling the IEBC to provide her with a set of documents relating to the proceedings over her registration status, including the register.

The commission was reluctant to release the register because it contained voters’ photographs and finger prints, Keya Ombele, an advocate for the IEBC, told the court last year.

The data was not necessary to Ms Kilonzo, the commission argued, however they indicated that IEBC was ready to present the register to the court if directed to do so.

Mr Harun Ndubi, for Ms Kilonzo indicated that he was ready to give a professional undertaking that the biometric information would not be released to any third party, which the commission agreed and consented to.

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