One of NASA leader Raila Odingas lawyers has admitted that the Opposition hacked the IEBC servers to access the results of the disputed August 8 election.
Otiende Amollo, who is also Rarieda MP, shocked Parliament after he stated that NASA was able to take advantage of the weak cyber laws in the country to access the IEBC servers which the electoral commission had declined to open.
He was contributing to debate on a new bill that seeks to increase cyber security in Kenya.
The new law outlaws hacking, except when it is done in the interest of national security.
The Rarieda MP opposed the proposed law, stating that it was too punitive and vague on the definition of "national security".
"Those of us who belong to the Nasa coalition complained in the Supreme Court, which directed that servers be opened, but the commission refused. We were able to access the servers and we published results."
"If this bill was a law we would now be serving jail terms of not less than five years or we would be compelled to pay hefty fines," Amollo stated.
Jubilee MPs reacted with anger, demanding for the legislator to withdraw or substantiate the claim that the Opposition had hacked the IEBC servers.
"It should be put on record that the MP presents evidence that they hacked the servers or withdraws the statement. If they accessed the servers, that is hacking, so they must be held criminally liable. This bill has come in time ... we must act or the MP must apologise," Murang'a Women Representative Sabina Chege stated after rising on a point of order.
Chege's sentiments were echoed by Nyeri Town MP Ngunjiri Wambugu who demanded for NASA to substantiate their claims.
Makueni MP Dan Maanzo, however, rose to Amollo's defence, arguing that by that time, the law that criminalises such activities was not in place.
"Hacking is not a crime as such as long as you do it for the common good of the people. [Amollo has not done anything wrong]. When you speak the truth and it is justifiable, there is no case against it," Maanzo stated.