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Kenya Supreme Court: 'No choice but to accept' opposition hacking claims

Kenya Supreme Court: 'No choice but to accept' opposition hacking claims

President Kenyatta was named victor of the August 8 election, officially winning 54 percent of the vote.

The judge also said an assumption by the majority that since there were more votes cast in favour of the Mr Kenyatta compared to governors and MPs then IEBC had interfered with the result of the presidential election was wrong. Opposition leader Raila Odinga, 72, has demanded sweeping changes at the electoral commission, including the removal of Chief Executive Officer Ezra Chiloba, before the rerun, which is scheduled for October 17.

Kenya's Chief Justice David Maraga has said that he and other members of the legal body which selects judges are "prepared to pay the ultimate price to protect the constitution and the rule of law".

Supreme Court judge Njoki Ndung'u criticised the nullification of the presidential election without scrutiny of ballots to verify the claims of rigging.

Ndolo said that there were a lot of issues at stake if the election rerun was again disputed.

Supreme Court President and Chief Justice David Maraga said irregularities, including the failure to conduct the presidential election in accordance with the national laws, rendered it null and void.

"In repeat elections, IEBC must put in place complementary system to only be used when technology fails", said Maraga.

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Wednesday's detailed ruling, plus opposition demands for an overhaul of the commission and warnings from the French firm that provided digital voting kits that it will not be ready on time, have raised fears it will be impossible to meet the poll deadline. Its status as a diplomatic, trade and security hub for East Africa means the court's ruling and preparation for the fresh election, now scheduled for October 17, are being closely watched for signs of instability or violence. "The [board] can not therefore be said to have verified the results", she noted.

About 10,000 paper forms from polling stations, each containing the documentation of anywhere from dozens to hundreds of votes, were missing when the results were announced.

"The court did not give orders for the petitioner to access the first respondent's servers but only access the read-only copy information as their integrity had to be protected", she said.

Gikaria singled out Deputy Chief Justice Mwilu and Justice Lenaona whom he claimed favoured the opposition in the ruling that nullified the August 8 presidential elections.

"Since the Supreme Court delivered judgment. these threats have become more aggressive", Maraga said in a briefing with reporters outside the court, adding that individual judges and their staff have become subject to numerous threats on social media.

The Supreme Court also held Chebukati responsible over the bungled August 8 polls.Photo:Citizen.

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

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