Kenya Supreme Court: 'No choice but to accept' opposition hacking claims

Odinga accused of fearing new presidential elections

The declaration of President Uhuru Kenyatta as the victor of last month's vote sparked protests and led to clashes between security forces and opposition supporters in which 24 people died, according to the Kenya National Commission on Human Rights.

Mwilu also said the IEBC announced results based on tallies documented in the Form 34Bs, totals from constituencies, without having received totals from each polling station, on forms known as 34As.

Because of the commission's "contemptuous" refusal to give access to its computer records, it was impossible for the court to know if the election had been rigged, so the election had to be nullified, the court said on Wednesday.

The nullification of the August presidential election was a democratic landmark: the first time an African election has ever been overturned by a legal challenge from an opposition party. As an indictment of the electoral commission and a statement of the supremacy of law, it was searing and inspiring.

Supporters of opposition leader Raila Odinga hold up a pamphlet showing an artificially-created picture of Odinga, left, knocking out President Uhuru Kenyatta, right, as they demonstrate outside the Supreme Court in downtown Nairobi, Kenya Wednesday, Sept. 20, 2017.

The opposition coalition, Nasa, has laid out a series of demands, which include re-tendering the printing of ballot papers and the sacking of election officials, that it says should be met before it takes part in the repeat elections.

Odinga accused of fearing new presidential elections
We're ready to pay 'ultimate price' - Defiant Kenyan Chief Justice

"They are not merely technicalities but they are things that are protected and enshrined in law", said Nyabola. "On that ground alone and on the basis of the interpretation we have given to Section 83 of the Elections Act, we have no choice but to nullify it", said Mwilu. "Failure by the board to do as ordered must be held against it".

Separately, a French company that provided equipment for last month's elections says the biometric and results transmission equipment will not be ready for the new vote next month because it would have to be reinstalled.

"Although Kenyans turned up in large numbers to vote on election day, after the voting, everything went awrily opaque".

The country's chief justice had announced in a press briefing that judges were getting death threats and police authorities were not providing adequate protection, an allegation rejected by the chief of police.

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

The ruling did not attribute any blame to Kenyatta's party or campaign.

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