Kenya court blames electoral commission over annulled election
00:38, Sep 21, 2017
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Several people were injured as police clashed with youths who blocked roads in the south-western city and threw stones.
Odinga, who lost by 1.4m votes, has said he will not take part in the new elections scheduled for 17 October unless some staff at the electoral commission are fired, among other demands.
"The role of judiciary is to give a comprehensible interpretation of the law rather than determine a dispute mechanically and dispose it off without proper evidence", Njoki said. 'The set term of a President is embedded until a new one is sworn in as per the constitution, ' he told lawmakers. The discipline of an unappointed arm of the government should be self-regulatory.
But Justice Ndung'u said the court's orders were very clear and distinct that the IEBC was expected to provide a read-only copy of the logs in the servers (with an option to copy).
' The challenges are pretty extraordinary, ' said John Githongo, a prominent anti-corruption campaigner in Kenya.
"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.
Deputy Chief Justice Philomena Mwilu read the majority judgment said the Supreme Court judges concluded that the IEBC election transmission system was compromised and data interfered with.
"This judgment should therefore lead IEBC to a soul searching mission.and that if such anomalies are brought to the attention of this court again, a similar ruling will still be made...", he said.
In a letter from Paris-based OT-Morpho to Kenya's election board, dated September 18 and seen by Reuters, the company said the two electronic systems it supplied for the vote would have to be reinstalled for the re-run.
Opposition leader Raila Odinga has launched a full-throttled campaign for the sacking of electoral commission officials whom it blames for bungling the election.
OT-Morpho said an "in-depth audit" of the system showed the opposition's claims about hacking were untrue.
French identity tech firm OT-Morpho insists that a biometric voting system it supplied to Kenya has worked as planned, rejecting opposition claims that polling was rigged. A rerun of the vote, a first in Africa, is scheduled for October 17.
She argued that the electronic results transmission is a compliment to manual transmission hence it was not reasonable to invalidate the election citing mishaps in electronic system. The institution has to be outside of the influence of any outside players. "On that ground alone. we have no choice but nullify it", said the judgment. 'The law will clarify the foundations of our democracy because the decision of the Supreme Court is unacceptable, ' Murkomen added, according to the report.
Kenya's highest court on Wednesday returned a damning finding against the poll body for failing to conduct the August 8 presidential elections in accordance with the constitution and vowed it would nullify any future elections which do not conform to the dictates of the law.
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