Kenyan police use tear-gas on pro-Kenyatta protesters at top court

Laura Christensen
September 21, 2017

Earlier this month, Maraga led the court in annulling the results of the August 8 presidential elections - after Kenyatta was declared victor - and ordering the holding of fresh polls on October 17.

The judge also said an assumption by the majority that since there were more votes cast in favour of the Mr Kenyatta compared to governors and MPs then IEBC had interfered with the result of the presidential election was wrong.

In the aftermath of the annulled poll, opposition officials repeatedly described the election results as a fraud and claimed that Odinga, who leads the National Super Alliance (NASA), was the "legitimate" victor.

Deputy chief justice Philomena Mwilu described "disturbing, if not startling, revelations" about the conduct of the Independent Electoral and Boundaries Commission (IEBC) and singled it out for ignoring a Supreme Court order to open up its computer servers after opposition allegations of hacking. Kenyatta's supporters demonstrated outside the Supreme Court Tuesday ahead of the full judgment on Wednesday.

The judges argued that elections "aren't just about the results numbers", but the process and the elections "is not an event, but a process".

Odinga's claims of rigging after defeat in 2007 elections prompted rioting and retaliation by security forces, which tipped the country into its worst crisis for decades.

David Maraga, the chief justice, said threats against judicial staff had risen since the supreme court ruling.

A new election date has been set for October 17, although the opposition want it pushed back.

Thousands of the forms were not made available, as legally required, by the time results were announced.

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Where there were omissions, she said, the same could not affect the result of the election and the court had powers to inspect other election materials to verify the integrity of the elections.

The court is to read a detailed ruling on the disputed election on Wednesday.

President Uhuru Kenyatta promised to respect the ruling although he has repeatedly criticised it harshly.

The company provided two electronic systems that identified Kenyan voters and transmitted election results from nearly 41,000 polling stations to a central tallying center.

"Failure of the electronic system was a direct violation of the law".

On his part, Chief Justice David Maraga while reading his full judgement on why he led three judges in annulling President Uhuru Kenyatta's win warned IEBC that he was ready to cancel the next poll if the same mistakes are repeated.

The Supreme Court also held Chebukati responsible over the bungled August 8 polls.Photo:Citizen.

Kenyatta, however, said he still had the power to convene Parliament.

Other reports by My Hot News

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