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Kenya's Supreme Court explains why it nullified presidential polls

Kenya's Supreme Court explains why it nullified presidential polls

The Supreme Court has held IEBC chairman Wafula Chebukati responsible for playing a role in bungling the August 8 presidential election.

The four judges who decided in a majority decision to annul the vote also said the election commission had failed to verify the numbers before declaring Kenyatta victor.

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.

A key hurdle is that the Supreme Court has yet to deliver its full judgment detailing why exactly it made a decision to annul Kenyatta's victory.

"Elections are not only about numbers", judge Mwilu said.

While a petition has been filed against two Supreme Court judges, accusing them of professional misconduct for allegedly being in touch with lawyers representing Odinga during the election case. 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".

The opposition coalition, Nasa, has laid out a series of demands, which include re-tendering the printing of ballot papers and the sacking of election officials, that it says should be met before it takes part in the repeat elections. 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.

Theresa May complained to Trump after London bombing tweet
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"The (board) can not therefore be said to have verified the results", she said.

Uhuru Kenyatta, the incumbent president of the east African state, won a second term by a margin of 9%, defeating his long-term rival, Raila Odinga, in the election last month.

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.

In response to Tuesday's demonstrations, Maraga said that he and other members of the legal body which selects judges were "prepared to pay the ultimate price to protect the constitution and the rule of law".

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.

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.

In her assessment, Mr Kenyatta was properly and validly elected as the president and the effect of the judgment was to deny Kenyans their right.

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