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Kenyan election must be rerun because it was not transparent, says court

Kenyan election must be rerun because it was not transparent, says court”

He says the previous two elections were also stolen from him.

A non-governmental organization on Monday filed two petitions claiming judges had improper contact with lawyers for opposition leader Raila Odinga during his court challenge of Kenyatta's win.

"The presidential election was not conducted in accordance with the constitution, rendering the declared results invalid, null and void", Chief Justice David Maraga said during the court proceeding.

Kenya's Supreme Court then ordered a new election to be held within 60 days, and Kenyatta pledged to respect the ruling despite repeatedly and strongly criticizing it.

Maraga said the authenticity of the forms used to declare the presidential election results were in doubt since several forms containing the final results lacked signatures of agents of political parties.

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".

Justice Njoki Ndung'u, who together with Justice Jackton Ojwang dissented with the majority decision to quash the re-election of President Kenyatta, has criticised the judgment. In a press conference on September 19, Chief justice David Maraga said that the demonstrations outside the courthouse "bordered on violence" and were "clearly meant to intimidate the judiciary".

The IEBC blamed network failures for missing and delayed tally forms, but the judges dismissed this excuse saying they should have been prepared, and that it should have taken only a few hours to get to a spot with enough connection to scan through the forms.

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Uhuru Kenyatta, the incumbent president of the east African state, won a second term by a margin of 9%, defeating his long-term rival, Raila Odinga, in the election last month.

Mwilu also said it appeared the board did not have all the necessary tally forms, with thousands unaccounted for, at the time they announced official results.

The justices said the Independent Electoral and Boundaries Commission had not verified the results before announcing them.

While reading the detailed judgment, Maraga said, "When the rule of law ends, tyranny begins".

Irregularities in the transmission of results was one of the problems referenced by the Supreme Court when it annulled the August poll's results.

In any event, she was of the opinion that the Court had powers to inspect other election material to verify the integrity of the elections.

She also blamed officials at Kenya's Independent Electoral and Boundaries Commission for announcing the results of the presidential race before votes from nearly a quarter of polling stations were in.



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