Kenya braces for Supreme Court ruling on polls


Mr Tobiko was responding to the lobby's petition that he investigate and prosecute certain officers of the IEBC for the illegalities and irregularities noted by the Supreme Court in the summarised determination of the presidential election petition. An election official also confirmed the potential delay to the BBC. It made the decision in response to Odinga's petition challenging the official results that Kenyatta won with 54 percent of the vote.

Deputy Chief Justice Philomena Mwilu said the process was "like a matatu", referencing Kenya's reckless, law-defying minibuses.

The Kenyan Judicial Service Commission said in a statement that Tuesday's demonstrations were meant to intimidate the judiciary ahead of the release of its complete judgement Wednesday.

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".

Odinga's claims of rigging after defeat in 2007 elections prompted rioting and retaliation by security forces, which tipped the country into its worst crisis for decades.

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

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.

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The justices said the Independent Electoral and Boundaries Commission had not verified the results before announcing them. Its status as a diplomatic, trade and security hub for East Africa means the court's ruling and preparation for the fresh election, now scheduled for October 17, are being closely watched for signs of instability or violence.

In Kenya's electoral system, official tally forms were to be sent from all 291 constituencies and 40,883 polling stations to the national tallying center.

He said his attack on Maraga and the three judges was justified because he believed the highest court in the land had erred in its ruling.

The election re-run has divided Kenya, with many opposition supporters celebrating it and the president and some members of the ruling party criticising it harshly.

On the electronic transmission of results, she disagreed with the majority decision that IEBC disobeyed the court's order to provide access to ICT logs and servers.

Wednesday's detailed ruling, plus opposition demands for an overhaul of the commission and warnings from the French firm that provided digital voting kits that it will not be ready on time, have raised fears it will be impossible to meet the poll deadline.

"The role of judiciary is to give a comprehensible interpretation of the law rather than determine a dispute mechanically and dispose it off without proper evidence", Njoki said.