Kenya Supreme Court nixed poll because it couldn't see data

21 September, 2017, 00:36 | Author: Brian Mcdaniel
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He says the previous two elections were also stolen from him.

Opposition leader Raila Odinga has accused the company, OT-Morpho, of being complicit in alleged rigging of the election.

The protests came after petitions were filed asking the Judicial Service Commission to remove Chief Justice David Maraga, Deputy Chief Justice Philomena Mwilu and Justice Isaac Lenaola. The court has announced that it will deliver its full judgment on why it annulled the elections on Wednesday.

On Monday, the French technology company supporting the election said it would be almost impossible to be ready for that date.

Supreme Court President and Chief Justice David Maraga said irregularities, including the failure to conduct the presidential election in accordance with the national laws, rendered it null and void.

Kenyatta says his criticism of the Chief Justice should not be viewed as an attack on Maraga's Kisii community. But the judges rejected this excuse, saying officials should have been better prepared.

The board overseeing the 2017 vote did not have all the tally forms when it announced results, and some forms lacked security features like water marks, signatures or serial numbers, which calls their authenticity into question, the court said, adding there was no evidence of individual wrongdoing.

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"What remained uncontroverted by Chief Executive Ezra Chiloba's own admission was that three days after declaration of results, IEBC was not in a position to supply all the Forms 34A to petitioner", Mwilu ruled, referring to polling stations' tally sheets.

Mwilu said that officials should have made alternative provisions and set up a robust backup system.

He stood by the verdict on annulling Kenyatta's win over election malpractices and irregularities, saying if the ruling party legislators were exhausted of having a strong and independent judiciary, they should call a referendum and abolish it.

"This is why they are now claiming that they will not participate in the October polls", Deputy President William Ruto said.

She further explained the verification and cited the various agents who could carry out the process including IEBC, observers, the media, the public and any election court hearing an election petition.

Odinga, who lost by 1.4m votes, has said he will not take part in the new elections scheduled for 17 October unless some staff at the electoral commission are fired, among other demands.

On the electronic transmission of results, she disagreed with the majority decision that IEBC disobeyed the court's order to provide access to ICT logs and servers. Maraga said the opposition had failed to show evidence Kenyatta had campaigned using state resources or undue influence.

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