The Supreme Court of Kenya issued its full ruling on the nullification of the August 8th presidential polls. The following are key statements Deputy Chief Justice Philomena Mwilu made as she delivered her ruling.
IEBC flouted the law and constitution to the extent that they become the law themselves.
According to the petitioner, the failure by IEBC to verify results was deliberate, systemic and planned.
Elections are not just numbers as we are made to believe. Elections are a process that includes voter registration, verification, voting, transmission of results, tallying and announcement of results.
Any non-compliance with election laws affects the validity of an election.
IEBC failed to Comply with the court order to clear puzzle of the forms.
Counties cited to have poor network coverage have fairly good roads and ROs could take a few hours at most to deliver the forms.
The so-called failure of technology was a well-crafted deliberate and systematic ploy by IEBC to engage in fraud.
Server was partially opened with read only access contrary to supreme court orders for full access and copying of logs.
IEBC provided pre-downloaded forms on a hard disk without disclosing source.
Failure to comply with a court order leaves the court with no option but to accept the petitioners’ claim that the IEBC system was compromised and interfered with.
The 2017 presidential election was not conducted in accordance with the principles laid down in law; they were neither transparent nor verifiable.
The first respondent did not respond adequately how the manual Forms 34B arrived faster than electronic versions.
If IEBC had nothing to hide, they would have given access to their ICT logs before court order.
Our order of scrutiny was a golden opportunity for IEBC to discredit petitioner’s claims but they disobeyed the court order.