Kenya's supreme court explains why it annulled last month's presidential poll

Jerome Frank
September 21, 2017

OT-Morpho said an internal audit of its equipment conducted after the Supreme Court annulled the August 8 presidential election found no foul play.

In opening remarks Wednesday, Chief Justice Maraga announced that one of the four judges who voted to annul the election had travelled outside the country and would not be present in court.

Kenyan police fired teargas on Tuesday at supporters of President Uhuru Kenyatta who were protesting outside the Supreme Court against the invalidation of his August 8 re-election, Reuters witnesses said.

In addition to the technology problems, opposition candidate Raila Odinga - set to contest the election against Mr Kenyatta - has said he will not take part in the re-run unless members of the country's electoral commission are replaced. Those measures were ordered by the court of appeal a year ago to enhance accountability and reduce incidences of electoral fraud.

It comes as riot police fired tear gas at supporters of Kenyatta amid protests outside the Supreme Court.

In his comments, Chief Justice David Maraga said numerous constituency level forms were incomplete, often lacking required signatures or IEBC features.

The decision was reached after opposition candidate Raila Odinga had challenged the results in court, raising accusations of hacking and the making of a "computer generated leadership". "We do not need to look far for examples", said Chief Justice David Maraga.

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Odinga (left) challenged the declaration of Kenyatta as the victor of the presidential election by the Board. They included, the use of unsigned or forms without security features to tabulate the results of the presidential election, he said.

Mwilu said the judges were left with no choice but to accept opposition claims the election commission's "ICT system was infiltrated and compromised and the data therein interfered with, or IEBC officials themselves interfered with the data, or it had bungled the transmission system and were unable to verify the data".

His statement also accused police chief Joseph Boinnet of not providing adequate security to judiciary staff, suggesting that he "repeatedly ignored calls to act, exposing judicial officers, property and litigants in danger".

Maraga noted while reading the detailed ruling of the September 1 decision of the apex court nullifying the re-election of President Kenyatta that the Supreme Court is among institutions the sovereign power of the Kenyan people has been vested by the Constitution.

However, the court ordered a fresh vote to be held within 60 days.

The ruling did not attribute any blame to Kenyatta's party or campaign.

Other reports by Guamnewswatch

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