Kenya’s Chief Justice David Maraga led other six supreme court judges in delivering the full 2017 Kenya Supreme Court ruling on the presidential election petition case filed by opposition leader and NASA presidential candidate Raila Odinga against president Uhuru Kenyatta and IEBC. The judgement was issued today (Wednesday 20th September 2017). Find a summary of the judgement and full ruling below.
2017 Kenya Supreme Court ruling on the presidential election petition case
NOTE: We will update this section once the ruling has been delivered. The ruling will be delivered on 20th September 10:00 AM Kenyan time.
Summary of Verdict reading
- Rejected votes are not part of votes cast and therefore should not be considered in 50+1 requirement
- IEBC ignored the fact that elections are not about numbers. Even in mathematics, to arrive at a number as a solution to a mathematical problem, there is always a computational process. Elections should be like a maths test where you only get points for the answer if you show your workings.
- Election does not begin and and end in casting and declaration of results.
- Failure of transmission of electronic results accompanied with form 34A due to lack of network problem is an excuse that is not accepted
- IEBC Failed to provide access to read only data copy on its servers
- IEBC system was infiltrated because they refused to give access to its servers for scrutiny as ordered by the court
Questions by the JUDGES that led to their decision
- Why was the first responded (IEBC) not able to supply all form 34As to NASA PARTY as requested?
- Were all the scanned forms 34as transmitted electronically in accordance to the constitution and election act?
- Why was it impossible for IEBC to provide form 34as to NASA if they were all transmitted electronically?
- Whether IEBC declared the results of presidential results before they had received all legally required results forms (34A, 34B)?
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