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Kenya Supreme Court nixed poll because it couldn't see data

Kenya Supreme Court nixed poll because it couldn't see data

Kenya's highest judge has denounced attacks by President Kenyatta and his supporters after the Supreme Court overturned his election win and warned that those inciting violence will be "held personally responsible".

The IEBC was heavily criticised for failing to prove it had received tally sheets, known as forms 34A, from all 42,000 polling stations before declaring the final result on August 11, awarding Kenyatta victory with 54 percent of the vote.

Justice Maraga points to an incident yesterday in which he says a judge was "blocked by demonstrators from accessing the Kerugoya Law Courts for the hearing of her own petition".

Kenya's Supreme Court, giving its first explanation for its historic decision to nullify last month's election, has blasted the Kenyan election commission for a litany of "illegalities and irregularities" and a "disturbing" refusal to obey judicial orders.

"They are not merely technicalities but they are things that are protected and enshrined in law", said Nyabola.

Led by Governor Lee Kinyanjui and Nakuru Town East MP David Gikaria, the protestors said they will continue with the protests until President Kenyatta is sworn in. 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.

More news: Four US tourists attacked with acid outside train station in France

Doubts have however been cast on this date because OT-Morpho, the French company that provided the voting kits, has said that it needs to reconfigure the more than 40,000 kits and that the process would not be complete until at least the end of October. The official results were based on the electronic tally before the paper results were fully collated, the judges said. "Noncompliance or failure by the board to do as ordered must be held against it".

"(The board's) disobedience of this 28 Aug order in critical areas leaves us with no option but to accept the petitioner's claim that the (election board) system was infiltrated and compromised and. data interfered with", said Judge Philomena Mwilu.

The Supreme Court gave a 60-day deadline for the election re-run but a mixture of political posturing and logistical challenges have put this deadline at risk.

Supporters of Mr Kenyatta are unlikely to be persuaded by the ruling.

Police used tear gas to disperse opposition and pro-government supporters who had gathered outside the court building while the judgment was read out.

Mr Maraga, who spoke to the press alongside other members of the Judicial Service Commission, also said Kenya's police chief Joseph Boinnet has repeatedly ignored calls by the judiciary to act on the threats.


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