Kenya presidential election cancelled by Supreme Court

Kenya's Supreme Court has annulled the result of last
month's presidential election, citing irregularities, and
ordered a new one within 60 days.
The election commission had declared incumbent
Uhuru Kenyatta the winner by a margin of 1.4 million
votes.
Raila Odinga, Mr Kenyatta's opponent, said members of
the electoral commission had committed a monstrous
crime.
President Kenyatta said it was important to respect the
rule of law.
Latest reactions
Eight things about the Kenyan elections
Chief Justice David Maraga said the 8 August election
had not been "conducted in accordance with the
constitution" and declared it "invalid, null and void".
He said the verdict was backed by four of the six
Supreme Court judges.
The announcement drew cheers from opposition
supporters both inside and outside the courtroom.
The court ruling did not attribute any blame to
President Kenyatta's party or campaign.
What did the judges say was wrong?
Justice Maraga said the election commission had
failed "to conduct the presidential election in a manner
consistent with the dictates of the constitution".
He did not elaborate on any irregularities, but said the
court would provide details in a full judgment within 21
days.
Dissenting judges said that the Nasa opposition
alliance - which had petitioned the Supreme Court -
failed to prove claims that the polls had been rigged.
International election monitors from the EU, the African
Union and the US said there had been no major fraud
on election day and urged opposition candidate Raila
Odinga to concede.
The election sparked days of sporadic protests, in
which at least 28 people were killed. The vote had
raised fears of major political violence - as was the
case after a disputed poll in 2007.
How have the two sides reacted?
Mr Odinga said the ruling marked "a historic day for the
people of Kenya and by extension for the people of the
continent of Africa".
He added that he had "no faith at all in the electoral
commission as currently constituted" and called for the
prosecution of its members.
President Kenyatta, in a televised address, said that it
was "important to respect the rule of law even if you
disagree with the Supreme Court ruling".
He called for calm, saying: "Let us be a people of
peace."
"We are ready to go back again to the people with the
same agenda that we delivered to the people," he
added, looking ahead to the next vote.
But Senator Irungu Kang'ata, who is from Mr
Kenyatta's Jubilee Party, told Kenyan TV: "The
judgement is fake. There is an admission on the part of
the chief justice that he has only read a part of the
evidence. "
One of the two dissenting judges, Jackton Ojwang,
said: "There is not an iota of merit in invalidating the
clear expression of the Kenyan people's democratic
will."
A huge victory for Odinga - by Dickens Olewe, BBC
News
Raila Odinga will feel vindicated against accusations
that he was just being a bad loser in challenging
President Kenyatta's win.
However, this historic decision is a massive indictment
of the electoral commission. It is therefore no surprise
that the opposition Nasa coalition is now calling for a
new team to manage the next elections.
This is also a setback for the international, and some
local, election observers, who profusely praised the
election as free, fair and credible.
People will be watching for the reaction of former US
Secretary of State John Kerry, who was the head of
the mission for US NGO The Carter Centre, whose
positive assessment of the election was used in court.
Regardless of the winners and losers following the
ruling, this is a proud moment for Kenya. The litigation
and debate on the merits of the election was done at
the Supreme Court and not on the streets.
Chief Justice Maraga said it best in his opening
statement: "The greatness of a nation lies in its fidelity
to the constitution and the strict adherence to the rule
of law."

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