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Kenya Supreme Court: 'No choice but to accept' opposition hacking claims
21 September 2017, 12:37 | Colleen Roy
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The judge also said an assumption by the majority that since there were more votes cast in favour of the Mr Kenyatta compared to governors and MPs then IEBC had interfered with the result of the presidential election was wrong.
Kenyatta won a second term with 54 per cent of the vote, beating Odinga.
"The hostile rhetoric and escalating tensions in Kenya ahead of tomorrow's final Supreme Court decision on nullifying the August presidential election are a source of grave concern", said Human Rights Watch Africa researcher Otsieno Namwaya.
But Justice Ndung'u said the court's orders were very clear and distinct that the IEBC was expected to provide a read-only copy of the logs in the servers (with an option to copy).
Odinga is a longtime challenger who has yet to claim the presidency.
The IEBC blamed network failures for missing and delayed tally forms, but the judges dismissed this excuse saying they should have been prepared, and that it should have taken only a few hours to get to a spot with enough connection to scan through the forms.
The board overseeing the 2017 vote did not have all the tally forms when it announced results, and some forms lacked security features like water marks, signatures or serial numbers, which calls their authenticity into question, the court said, adding there was no evidence of individual wrongdoing.
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 company provided two electronic systems that identified Kenyan voters and transmitted election results from nearly 41,000 polling stations to a central tallying center.
Speaking at a news conference in capital Nairobi, Maraga said he and his fellow judges would not be forced in any way to side with President Uhuru Kenyatta or the opposition.
Irregularities in the transmission of results was one of the problems referenced by the Supreme Court when it annulled the August poll's results.
Last week the Director of Public Prosecution, Keriako Tobiko, asked the Kura Yangu Sauti Yangu lobby to wait for the detailed judgment of the Supreme Court before he can initiate investigations against officers of the electoral body. Maraga said the opposition had failed to show evidence Kenyatta had campaigned using state resources or undue influence.