Kenya Supreme Court criticises election board in verdict on polls

Hundreds of Jubilee party supporters staged a demonstration outside the Supreme Court of Kenya on Tuesday over the September 1 nullification of presidential election results. Picture: Xinhua/Nyalwash

Hundreds of Jubilee party supporters staged a demonstration outside the Supreme Court of Kenya on Tuesday over the September 1 nullification of presidential election results. Picture: Xinhua/Nyalwash

Published Sep 20, 2017

Share

Nairobi - Kenya's Supreme Court on

Wednesday criticised the election board for failing to verify

official results of last month's presidential election before

announcing them but stopped short of saying there was rigging.

The court was offering a detailed ruling as to why it

annulled the August 8 election and ordered a fresh presidential

vote within 60 days. The September 1 decision was the first of its

kind in Africa.

Election board officials had said incumbent President Uhuru

Kenyatta won the contest by 1.4 million votes. Opposition leader

Raila Odinga rejected that result and challenged it in the

Supreme Court. He has also said the previous two elections were

stolen from him.

Kenya has the region's richest economy and is a key Western

ally in a region often shaken by violence.

Its status as a diplomatic, trade and security hub for East

Africa means the court's ruling and the fresh election currently

scheduled for October 17 are being closely watched for any sign of

instability or violence.

On Monday, the French technology company supporting the

election said it would be nearly impossible to be ready for that

date.

The court on September 1 identified some procedural problems in

a brief ruling but the key finding against the election board on

Wednesday was that officials had announced results before being

able to verify them.

Kenya used two parallel systems: a quick electronic tally

vulnerable to typos and a slower paper system designed as a

verifiable, definitive back-up. The official results were based

on the electronic tally before the paper results were fully

collated, the judges said.

The system was designed that way after a disputed 2007

presidential vote sparked violence that killed around 1,200

people and displaced around 600,000 more.

"If elections are not seen to be free and fair they can

trigger instability. We do not need to look far for examples,"

said Chief Justice David Maraga.

SIMPLE TEST

The board overseeing the 2017 vote did not have all the

tally forms when they announced results, and some forms lacked

security features like water marks, signatures or serial

numbers, calling their authenticity into question, the court

said.

"The election did not meet the simple test," said Maraga.

"We are unable to validate the result."

Judge Philomena Mwilu said the forms should have been

quickly available for inspection, noting officials said

thousands of forms from polling stations were still unavailable

four days after the official results were announced.

"The (board) cannot therefore be said to have verified the

results," she said. "It is an inexcusable contravention ... of

the election act."

She also censured the board's refusal to comply with court

orders to open its computer servers, saying it meant that

opposition claims of hacking or manipulation could be true.

"Noncompliance or failure by the board to do as ordered must

be held against it," she said.

But although the tallying process was questioned, voter

registration, identification and voting all appeared to be

"conducted in accordance with the law," she said.

Opposition claims against Kenyatta were largely dismissed.

Maraga said the opposition had failed to show evidence Kenyatta

had campaigned using state resources or undue influence.

As judges spoke, police also used tear gas to disperse

groups of rival political supporters holding demonstrations

outside the Supreme Court.

The election re-run has divided Kenya, with many opposition

supporters celebrating it and the president and some members of

the ruling party criticising it harshly.

On Tuesday evening, Deputy President William Ruto tweeted:

"So has CJ taken sides? Listening to the tone, language & drift

of (Chief Justice David) Maraga's lecture the only phrase

missing is NASA HAO! TIBIN! & TIALALA!" -- phrases that are a

rallying call for the opposition coalition.

Earlier, the chief justice told a news conference that

judges were getting threats and the police were not offering

adequate protection, an allegation that the chief of police

denied.

Reuters

Related Topics: