Kenya court: election board refused to give access to servers

Wolfsburg fire head coach Andries Jonker

The decision to annul the ballot - unprecedented in Africa - was welcomed by many observers as a triumph of democracy and the separation of powers by an independent judiciary.

The declaration of President Uhuru Kenyatta as the victor of last month's vote sparked protests and led to clashes between security forces and opposition supporters in which 24 people died, according to the Kenya National Commission on Human Rights.

The heads of Western diplomatic missions in Kenya, including those of the European Union, the United States and Britain, urged Kenyan leaders to avoid comments that could incite hatred and violence.

In addition to the technology problems, opposition candidate Raila Odinga - set to contest the election against Mr Kenyatta - has said he will not take part in the re-run unless members of the country's electoral commission are replaced.

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.

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.

"In a statement issued after a meeting with other members of the Judicial Service Commission, Mr Maraga said: "If leaders are exhausted of having a strong and independent Judiciary, they should call a referendum and abolish it all together".

"If elections are not seen to be free and fair, they can trigger instability".

The judges said the 8 August poll was "neither transparent or verifiable".

"We are therefore unable to impute any criminal intent or culpability".

Deputy Chief Justice Philomena Mwilu in her remarks said that the election results were announced even though numerous electoral forms had not been received for verification and many forms did not tally with figures from polling stations. "The [board] can not therefore be said to have verified the results", she noted. "It is an inexcusable contravention. of the election act".

Addressing the court, Judge Mwilu said the electoral body had refused to comply with court orders to open its computer servers, saying this suggested that opposition claims of tampering could be true.

Opposition claims against Kenyatta were largely dismissed.

Supporters of Mr Kenyatta are unlikely to be persuaded by the ruling.

Justice Jackton Ojwang, one of the two judges who gave a dissenting ruling, said Odinga's case did not meet the threshold of evidence.

Related news:

Hot News

isis-killer-beheading-video-story-top Toys 'R' Us files for bankruptcy ahead of the holiday season
Sep 21, 2017 - 00:43
Toys R Us' Canadian subsidiary intends to seek similar protection under the Ontario Superior Court of Justice's CCAA. Toys R Us also says that it will continue to treat employees the same during its bankruptcy.

isis-killer-beheading-video-story-top TRAI Slashes Call Connect Charge to 6 Paise Per Minute
Sep 20, 2017 - 01:05
Khullar added that the coming days could see a replay of the events in 2007, when the IUC was reduced from 30 paise to 20 paise. The telecom regulator is planning to do away with interconnection charges entirely by January 1, 2020.

isis-killer-beheading-video-story-top Who does the Bullet train help? 'Gujarati businessmen', says Shiv Sena
Sep 19, 2017 - 01:19
Many railway projects in Marathwada, Vidarbha and Konkan have remained stuck for years due to bureaucratic hurdles. "Now we hope and pray. the bullet train is not used to carry out a "plunder' of Mumbai ", the edit concluded".

isis-killer-beheading-video-story-top Alvaro Morata's struggles make Chelsea look a different animal without Diego Costa
Sep 19, 2017 - 01:19
Wherever Diego Costa was, he was not out there scrapping with Arsenal's centre-backs, which Álvaro Morata was - without success. And I just can not , for the life of me, see why Costa is still in Brazil playing five-a-side on a beach with his mates.

isis-killer-beheading-video-story-top Rohingyas pose security threat: Govt to apex court
Sep 19, 2017 - 01:19
The Centre added that some Rohingyas are indulging in illegal/ anti-national activities ie mobilisation of funds through hundi/ hawala channels.

isis-killer-beheading-video-story-top Trump's interior secretary wants to shrink national monuments
Sep 19, 2017 - 01:18
Utah's congressional delegation strongly supports either rescinding or modifying the Bears Ears National monument designation. It also calls for a new assessment of border-safety risks at a monument in southern New Mexico.

isis-killer-beheading-video-story-top Pirate Bay caught riding users' CPU power to mine virtual currencies
Sep 19, 2017 - 01:16
The mining is now active on the search results page and the category listings but not on the homepage or individual torrent pages. It adds that the Pirate Bay has not officially responded, but that one of its peoples has expressed concerns in a forum post .

isis-killer-beheading-video-story-top Auburn dismisses backup QB Sean White after arrest
Sep 19, 2017 - 01:14
In 2015 he started five games in the middle of the season, becoming the first Auburn QB to start an SEC game since 1999. After being a starter for 16 games over the last two seasons, he lost the starting spot to Jarrett Stidham this year.

isis-killer-beheading-video-story-top Former Candidate Endorses Fellow Outsider In Alabama GOP Runoff
Sep 19, 2017 - 01:13
What's going to bring us back together? During the primary election earlier this summer, President Trump publicly endorsed odd . Now, while they remain on the same side regarding most policy questions, the U.S.

isis-killer-beheading-video-story-top Alex Oxlade-Chamberlain to make first Liverpool start against Leicester tomorrow
Sep 19, 2017 - 01:11
Liverpool should forget about winning the title and focus on securing another top-four finish this season, Robbie Savage says. It would be a huge surprise were Liverpool not to heavily rotate for the Carabao Cup fixture tomorrow night.

isis-killer-beheading-video-story-top Julia Louis-Dreyfus Breaks Record For Emmy Wins
Sep 19, 2017 - 01:07
She's 56", while another added: " Julia Louis-Dreyfus's insane streak would be infuriating if she didn't 1000% deserve it. It was her 10th Emmy win overall, including producing credits on " Seinfeld ", "Old Christine" and " Veep ".

isis-killer-beheading-video-story-top Four things that will definitely happen during Chelsea vs Arsenal
Sep 18, 2017 - 01:09
The game against Manchester United that all-but won the club the Premier League title under Jose Mourinho. You can get the best odds for our pick at Bet365.

isis-killer-beheading-video-story-top American tourists attacked with acid at French train station
Sep 18, 2017 - 00:57
The prosecutor's office said the suspect also had a criminal record for violent theft, according to France 3. Fourteen firefighters in four rescue vehicles responded to the train station, according to media reports .

isis-killer-beheading-video-story-top Egyptian efforts to end Palestinian divisions welcomed
Sep 18, 2017 - 00:54
Hamas has agreed to dissolve the administration that runs Gaza and hold general elections to end a long-running feud with Fatah . Punishing measures included reducing electricity payments for the Gaza strip and cutting salaries for civil servants there.

isis-killer-beheading-video-story-top How to Watch Texans-Bengals NFL Thursday Night Football Live Stream Online
Sep 18, 2017 - 00:53
Losing 10-9 heading into the fourth quarter, the Bengals fell to 16-82-1 when trailing after three quarters under Lewis. Watson played behind a line which was much better than it was against the Jaguars when the group allowed 10 sacks.