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Kenya election: System 'cannot be ready' for October poll
21 September 2017, 12:35 | Katrina Lee
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1 nullified the outcome of the August 8 ballot, the first time a presidential election result has been legally overturned in Africa, after finding the electoral commission committed "irregularities and illegalities" and failed to conduct the vote in line with the constitution.
"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).
"The presidential election was not conducted in accordance with the constitution, rendering the declared results invalid, null and void", Chief Justice David Maraga said during the court proceeding.
The Kenyan Judicial Service Commission said in a statement that Tuesday's demonstrations were meant to intimidate the judiciary ahead of the release of its complete judgement Wednesday.
Therefore, the results of August 8 election could not pass the test of authenticity and had to be nullified without considering the numbers.
"Our order of scrutiny was a golden opportunity for the IEBC to place before the court evidence to debunk the petitioner's claim", Mwilu read from the court's detailed judgement.
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. And, she says, the judges understand these implications.
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The justices said the Independent Electoral and Boundaries Commission had not verified the results before announcing them.
The IEBC blamed network failures for missing and delayed tally forms, with some polling stations unable to scan and send the documents on time.
Earlier on Wednesday, Deputy Chief Justice Philomena Mwilu said the electoral agency's system was infiltrated and data contaminated.
President Uhuru Kenyatta celebrates with Deputy President William Ruto after he was announced victor of the presidential election at the IEBC National Tallying centre at the Bomas of Kenya.
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".
The October 17 date set for a re-run of votes for Kenya's presidential election may just be postponed after a French IT company that supplied the electronic system used in the nullified election told the country's election board that its technology would not be ready to use again on the said date of re-run. Maraga said the opposition had failed to show evidence Kenyatta had campaigned using state resources or undue influence.
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