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Kenya's Supreme Court criticises IEBC electoral commission Kenya's Supreme Court criticises IEBC electoral commission
(about 1 hour later)
Kenya's Supreme Court has blamed the country's electoral commission (IEBC) for its decision to annul the re-election of President Uhuru Kenyatta.Kenya's Supreme Court has blamed the country's electoral commission (IEBC) for its decision to annul the re-election of President Uhuru Kenyatta.
The judges said the 8 August poll was "neither transparent or verifiable".The judges said the 8 August poll was "neither transparent or verifiable".
Deputy Chief Justice Philomena Mwilu said the IEBC did not verify the presidential results before they were announced.Deputy Chief Justice Philomena Mwilu said the IEBC did not verify the presidential results before they were announced.
Mr Kenyatta got 54% of the vote against opposition leader Raila Odinga's 44%, according to the IEBC's results.Mr Kenyatta got 54% of the vote against opposition leader Raila Odinga's 44%, according to the IEBC's results.
Mr Odinga went to court alleging that he had been cheated of victory and that the IEBC had not followed the law in the conduct of the election.Mr Odinga went to court alleging that he had been cheated of victory and that the IEBC had not followed the law in the conduct of the election.
The Supreme Court took the unprecedented step of annulling the election on 1 September but it has only now explained why it took that decision.The Supreme Court took the unprecedented step of annulling the election on 1 September but it has only now explained why it took that decision.
It was the first time in Africa that a court had agreed with an opposition demand to cancel a presidential election over rigging allegations.It was the first time in Africa that a court had agreed with an opposition demand to cancel a presidential election over rigging allegations.
While the judgement was being read out, police fired tear gas outside the Supreme Court to disperse opposition supporters who had gathered to support Mr Odinga.
At one point a swarm of bees attacked some of them.
Was the election hacked?Was the election hacked?
Ms Mwilu said that the commission had not complied with a court order to allow its electronic voting system to be scrutinised.Ms Mwilu said that the commission had not complied with a court order to allow its electronic voting system to be scrutinised.
She said that the IEBC's refusal to comply with the order to grant access to its electronic voting system led the court to "accept claims by the opposition that the computer system had been infiltrated and compromised and the data interfered with, or that the IEBC officials interfered with the system themselves".She said that the IEBC's refusal to comply with the order to grant access to its electronic voting system led the court to "accept claims by the opposition that the computer system had been infiltrated and compromised and the data interfered with, or that the IEBC officials interfered with the system themselves".
The electoral commission has disputed that its system was tampered with.The electoral commission has disputed that its system was tampered with.
Meanwhile, outside the Supreme Court compound, police fired tear gas to disperse opposition supporters who had gathered to support Mr Odinga.
At one point a swarm of bees attacked some of them, injuring one man who is reported to have a physical disability.
Opposition coalition Nasa has been pushing for the sacking of IEBC officials whom it blames for bungling the polls, saying that a new team should be in charge of the re-run scheduled for 17 October.Opposition coalition Nasa has been pushing for the sacking of IEBC officials whom it blames for bungling the polls, saying that a new team should be in charge of the re-run scheduled for 17 October.
Doubts have however been cast on this date because OT-Morpho, the French company that provided the voting kits, has said that it needs to reconfigure the more than 40,000 kits and that the process would not be complete until at least the end of October.Doubts have however been cast on this date because OT-Morpho, the French company that provided the voting kits, has said that it needs to reconfigure the more than 40,000 kits and that the process would not be complete until at least the end of October.
The judges had ordered the re-run to be held in 60 days.The judges had ordered the re-run to be held in 60 days.
Four judges voted to annul the election while two dissented. Another judge was taken ill during the hearing of the petition and did not take part in the case.Four judges voted to annul the election while two dissented. Another judge was taken ill during the hearing of the petition and did not take part in the case.
Key points from the judgement: Key points from majority judges:
Key points from dissenting judge:
Judgement emboldens the opposition
Dickens Olewe, BBC News
When making the earth-shaking judgment annulling the presidential election, Chief Justice David Maraga had said that the judges had found "irregularities and illegalities" in the conduct of the election.
This detailed and much awaited ruling was about giving meat to these weighty allegations, and he along with his colleagues, did just that.
They accused the IEBC of failing to follow the law and being duplicitous in its conduct, an indictment to an institution that is suffering from a crisis of confidence.
The court has essentially given the opposition lots of extra ammunition for its push to get IEBC officials sacked and push for changes in the voting systems ahead of the re-run.
The judges have also effectively called out the company that printed the ballot papers, by agreeing with the opposition that some did not have the required security features. Nasa wants the IEBC to find another firm to print the ballot papers for the re-run.
This means that IEBC head Wafula Chebukati is coming under huge pressure to change his team and prepare for a new election, which is increasingly looking like an impossible task.
President Uhuru Kenyatta and his deputy Uhuru Ruto, who have not relented in their criticism of the judges, were also rebuked for their statements.
Mr Maraga, who the president had called a "crook" and threatened deal with after the re-run, has responded to the threat in an unflinching way - that he would stand up for the rule of law despite the "intimidation".