Kenya's judges who nullified election face 'savage' threats

Vietnam jails former political prisoner for five years
Vietnam jails former political prisoner for five years
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21 September, 2017

They said the court should have ordered for a recount of the votes following a petition filed by the Nasa coalition after Uhuru Kenyatta was declared victor of the August 8 election.

"We will and we shall not participate in any election where it turns out to be a ritual and you end up with computer-generated leaders", said Moses Wetangula, a top official for the opposition party, National Super Alliance (NASA).

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

Chief Justice David Maraga and his deputy Philomena Mwilu. The Supreme Court on Wednesday delivered its full judgment on the nullification of the August 8 presidential election.

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

She argued the Supreme Court as the final verifying agent has authority to order for scrutiny of ballot papers, recount, re-tallying and inspection of ballots.

Justice Njoki Ndung'u, who together with Justice Jackton Ojwang dissented with the majority decision to quash the re-election of President Kenyatta, has criticised the judgment. "These discrepancies affected the integrity of the elections", Chief Justice David Maraga said. And, she says, the judges understand these implications.

Mwilu also said it appeared the board did not have all the necessary tally forms, with thousands unaccounted for, at the time they announced official results.

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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.

In the detailed judgment, DCJ Mwilu said the judges concluded that the interference led to nullification of President Uhuru Kenyatta's win.

The justices said the Independent Electoral and Boundaries Commission had not verified the results before announcing them.

The court's September 1 ruling identified some procedural problems, but the key finding against the election board on Wednesday was that officials had announced results before being able to verify them.

The demonstrations that started Monday "are clearly meant to intimidate the judiciary and individual judges", Maraga told reporters, adding that the judges are "prepared to pay the ultimate price to protect the Constitution and the rule of law".

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

Maraga ordered the IEBC to "put in place a complementary system" to be used in the event that technology fails in the new election due on October 17. "We clearly have a problem", Mr Kenyatta said of the judiciary.


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