Kenya election: System 'cannot be ready' for October poll

Kenya election: System 'cannot be ready' for October poll

He said the forms used to declare the results of the elections lacked the required security features, with at least 157 forms containing the presidential results not stamped to certify authenticity.

They have accused the court of stealing their electoral victory.

The court's decision on the August 8 election was hailed as historic on a continent where judges frequently bow to political will.

Kenya is a key Western ally in a region often shaken by violence.

The Supreme Court has ordered a re-run of the elections which must be held before 1 November.

In a letter from Paris-based OT-Morpho to Kenya's election board, dated September 18 and seen by Reuters, the company said the two electronic systems it supplied for the vote would have to be reinstalled for the re-run.

The electoral commission announced the victor of the presidential election even though it was missing thousands of scanned copies of forms used to compile the presidential results at the constituency, said the judgment.

Justice Maraga points to an incident yesterday in which he says a judge was "blocked by demonstrators from accessing the Kerugoya Law Courts for the hearing of her own petition".

In his comments, Chief Justice David Maraga said numerous constituency level forms were incomplete, often lacking required signatures or IEBC features.

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The court held that Cebukati was responsible for failure to explain why poll results were not transmitted in the prescribed manner.

"What remained uncontroverted by Chief Executive Ezra Chiloba's own admission was that three days after declaration of results, IEBC was not in a position to supply all the Forms 34A to petitioner", Mwilu ruled, referring to polling stations' tally sheets.

Mwilu also said it appeared the board did not have all the necessary tally forms, with thousands unaccounted for, at the time they announced official results.

"The (board) can not therefore be said to have verified the results", she said.

Kenyatta says his criticism of the Chief Justice should not be viewed as an attack on Maraga's Kisii community.

Police used tear gas to disperse opposition and pro-government supporters who had gathered outside the court building while the judgment was read out.

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.

President Uhuru Kenyatta promised to respect the ruling although he has repeatedly criticised it harshly.

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