Kenyan top court finds electoral body complicit in poor conduct of polls

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Earlier this month, Maraga led the court in annulling the results of the August 8 presidential elections - after Kenyatta was declared victor - and ordering the holding of fresh polls on October 17. He says the previous two elections were also stolen from him.

The judgement was given after NASA leader, Raila Odinga filed a petition against Mr. Kenyatta's election, arguing that process through which the transmission of presidential vote results was done did not conform with constitution.

David Maraga, who serves as the chief justice and president of the Supreme Court, said the Tuesday demonstration was a sign of rising threats against the judiciary.

Makueni Senator Mutula Kilonzo Junior has given his early breakdown of the Supreme Court full judgment, predicting a possible jail term for two of the IEBC officials Wafula Chebukati and Ezra Chiloba for contempt of court and violation of the Election offence act.

Odinga has claimed the election results were rigged.

The electoral commission also failed to implement verification measures required by law and the constitution to ensure the election was credible, said the judgment.

The court's September 1 ruling identified some procedural problems, but the key finding against the election board on Wednesday was that officials had announced results before being able to verify them. But the judges rejected this excuse, saying officials should have been better prepared. The electoral commission announced the victor of the presidential election even though it was missing thousands of scanned copies of forms used to compile the presidential results at the constituency, said the judgment.

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Though worldwide observers had called the election credible, Kenyatta accepted the court's decision, with a new election date set for October 17.

The IEBC blamed network failures for missing and delayed tally forms, with some polling stations unable to scan and send the documents on time.

Where there were omissions, she said, the same could not affect the result of the election and the court had powers to inspect other election materials to verify the integrity of the elections.

"If IEBC had nothing to hide it would have readily provided access to ICT (information and communications technology) logs and servers to disprove the petitioner's claim".

Opening the session was Chief Justice David Maraga who said the five judges would only read out the main parts of their judgment but not before consulting lawyers representing all the parties in the petition.

Both judges questioned how an election costing taxpayers 43 billion shillings (347 million euros/$416 million) could result in problems with transmission and "disturbing" questions over the security of forms - which were all meant to be printed by the same company.

Kenyatta has accepted the court's decision and aides say he is confident of winning once again.

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