Published: Sat, September 23, 2017
Medicine | By Earnest Bishop

Kenya elections were 'neither transparent or verifiable' court rules

Kenya elections were 'neither transparent or verifiable' court rules

And while the September 1 ruling has been roundly termed as daring seeing as it is only the fourth such decision in the world, Justice Ndung'u appears to have been keen on the wider ramifications of any adverse ruling on the stability of the State.

It was not established where the bees came from as the judges continued to deliver the full judgment of the August 8 presidential elections which have since been nullified.

Justice Philomena Mwilu was one of three justices to explain why she voted in favor of the petition, filed by Raila Odinga's opposition coalition, which challenged incumbent President Uhuru Kenyatta's win.

Mr Odinga has demanded reforms in the electoral commission before the election takes place, including the removal of top electoral commission officials he claims were involved in electoral fraud.

In addition to the technology problems, opposition candidate Raila Odinga - set to contest the election against Mr Kenyatta - has said he will not take part in the re-run unless members of the country's electoral commission are replaced. He said the success of the October 17 election will send a strong signal to other African countries that "this is possible".

Odinga is demanding staff changes including the removal of Muhati, who the opposition has accused of playing a key role in the bungling of the August 8 elections and audit of technology in full compliance with the law, noting that the electoral body should establish a transparent and accountable framework for integration of technology. The repeat election is being closely watched for signs of tension that could spark violence as in 2007 when more than 1,000 Kenyans were killed. The court, which issued a majority judgment, said there were irregularities in tallying results of the poll. With every passing day, it is getting clear that the conditions will not be met and so there will be no elections.

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Earlier on Thursday Kenyatta accused the four judges who ruled in favor of overturning the election of staging "a judicial coup". "This represents a very significant amount of work, which can not be secured by October 17", the letter read. "It is an inexcusable contravention ... of the election act".

The change of date was announced on Friday, commission chairman Wafula Chebukati saying they need to analyse the Supreme Court verdict and its implications. "Failure by the board to do as ordered must be held against it".

They cited, in particular, the widely circulating claim by government supporters that the Kenyan judiciary had been "captured" by the opposition. Judges did not say they found evidence of rigging.

The roads around Kenya's Supreme Court were cordoned off Wednesday, and police dispersed protesters from the ruling and opposition parties who had gathered outside.

"He's a friend of President Uhuru Kenyatta", said Odinga.

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