Supreme court bashes IEBC for Kenyatta's voided election

by Antonio Miles September 21, 2017, 0:38
Supreme court bashes IEBC for Kenyatta's voided election

Giving the full reasons for the cancellation of the election, which IEBC gave to incumbent President Uhuru Kenyatta, Kenya's Supreme Court rebuked IEBC officials for bungling the transmission of results and basing the outcome on dubious documents. He says the previous two elections were also stolen from him. Opposition leader Raila Odinga, 72, has demanded sweeping changes at the electoral commission, including the removal of Chief Executive Officer Ezra Chiloba, before the rerun, which is scheduled for October 17.

Deputy Chief Justice Philomena Mwilu said the process was "like a matatu", referencing Kenya's reckless, law-defying minibuses.

"The hostile rhetoric and escalating tensions in Kenya ahead of tomorrow's final Supreme Court decision on nullifying the August presidential election are a source of grave concern", said Human Rights Watch Africa researcher Otsieno Namwaya. Odinga claimed that the criticism of Maraga - who was part of the panel that nullified the election result - was an attack on his community. In a press conference on September 19, Chief justice David Maraga said that the demonstrations outside the courthouse "bordered on violence" and were "clearly meant to intimidate the judiciary". Its status as a diplomatic, trade and security hub for East Africa means the court's ruling and preparation for the fresh election, now scheduled for October 17, are being closely watched for signs of instability or violence. The electoral commission announced the victor of the presidential election even though it was missing thousands of scanned copies of forms used to compile the presidential results at the constituency, said the judgment.

In 2013 he said the election was rigged and took his case to the supreme court, but lost.

The justices said the Independent Electoral and Boundaries Commission had not verified the results before announcing them. And, she says, the judges understand these implications.

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The paper also reported that Mr Nguma included phone records in his petition to the JSC, which he believes proves his allegations.

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

In Kenya's electoral system, official tally forms were to be sent from all 291 constituencies and 40,883 polling stations to the national tallying center.

They are among the four judges who ruled for the annulment of the polls.

Irregularities in the transmission of results was one of the problems referenced by the Supreme Court when it annulled the August poll's results. Maraga said the opposition had failed to show evidence Kenyatta had campaigned using state resources or undue influence.


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