Kenyan court ruling good for Africa's democracy -SANs

Uhuru meets Jubilee elected leaders to strategise ahead of opening of Parliament
DP Ruto addresses the elected leaders
Author

02 September, 2017

The Observer Missions that called Kenya's election free and fair have become a laughing stock in the country after a historic Supreme Court decision that annulled the results.

Electoral commission chiefs say they are open to investigations and prosecution over accusations of mishandling the August 8 presidential election.

After thanking the judges for the precedent-setting ruling and condemning the electoral commission, Mr Odinga and the team headed back into the building and left the exit into the grounds of the Kenyatta International Convention Centre.

Odinga, 72, hailed the "historic" ruling which is a first in Africa.

Lawyer Stephen Mwenesi for the Law Society of Kenya said the decision was part of the process and thanked the court, saying he hoped the court's direction will be adhered to.

Maraga said the election commission (IEBC) had "failed, neglected or refused to conduct the presidential election in a manner consistent with the dictates of the constitution".

He slammed Maraga and his fellow judges as "crooks" as he spoke off the cuff, after earlier saying that while he disagreed with the ruling, he respected it.

He urged calm in a country that has a history of post-election violence.

Chief Justice David Maraga has not specified what time it will be delivered.

"For the first time we have got justice".

Dr Aukot said the commission had messed up the election out of realisation that "nothing will happen to them as was the case in 2013".

Mutiga added however that "restraint will be hard in this very polarised environment" - which was also stark before, during and after the August vote due to deep ethnic, economic and political divisions in Kenya. The official results had given Kenyatta 54 per cent of the vote to Odinga's 44 per cent. Last month's election results sparked protests and sporadic violence that killed at least 28 people.

"The court has made its decision".

Court experts said some documents lacked official stamps or had figures that did not match official tallies.

The group said the scenario in Kenya is a fundamental departure from Rwanda whereby President Paul Kigame changed the rules in the middle of his last term in office to self perpetuate himself in power and has systematically destroyed the independence of the judiciary which is why opposition politics in Rwanda has withered away. Details of the ruling will be released within 21 days.

He called for those guilty of wrongdoing to be prosecuted.

Moreover, the plaintiffs further alleged that due to electronic counting and transmission failures, more than seven million votes illegally went to Mr. Kenyatta's campaign.

The election commission in Kenya had declared the incumbent, Uhuru Kenyatta, the victor of the presidential election by a margin of 1.4 million votes.


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