Kenya braces for Supreme Court ruling on polls

Mr Kenyatta got 54% of the vote against opposition leader Raila Odinga's 44%, according to the IEBC's results.

The Supreme Court nullified the result, citing irregularities, after Odinga filed a petition claiming the electoral commission's computers were hacked to generate a victory for Kenyatta.

"(The board's) disobedience of this 28 Aug order in critical areas leaves us with no option but to accept the petitioner's claim that the (election board) system was infiltrated and compromised and. data interfered with", said Judge Philomena Mwilu.

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

The IEBC declared incumbent President Uhuru Kenyatta, the victor of August's election by 54% to 45%.

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An audit of the electronic system used to tally votes in the cancelled poll showed no manipulation of data, the French biometrics firm that supplied the system has confirmed.

Giving the full reasons for the cancellation of the election, which IEBC gave to incumbent President Uhuru Kenyatta, Kenya's Supreme Court rebuked IEBC officials for bungling the transmission of results and basing the outcome on dubious documents. Police spokesman George Kinoti called that accusation "not true", saying they have provided protection to all judges at their homes and workplaces.

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

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

About 10,000 paper forms from polling stations, each containing the documentation of anywhere from dozens to hundreds of votes, were missing when the results were announced.

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"Noncompliance or failure by the board to do as ordered must be held against it", she said.

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

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

Outside the courtroom, Kenya's police tear gassed opposition and ruling party supporters who had gathered outside the Supreme Court and started jeering and pushing each other, threatening violence, said a witness.

Privately-owned Standard newspaper reported today that an individual named Mr Derrick Nguma has asked the Judicial Service Commission (JSC), which is in charge of hiring judges, to investigate the two jurists over alleged misconduct.

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