Kenya's Supreme Court Nullifies Elections Citing Electronic Transmission Of Results As One Of The Irregularities

In an unprecedented decision, five out of seven judges at Kenya's Supreme Court declared the 8 August 2017 presidential null and void citing “irregularities and illegalities”. Among the irregularities is the issue of how the results were electronically submitted from voting stations.

Earlier in August 2017, Raila Odinga, the main challenger to the incumbent, Uhuru Kenyatta, had said that the elections were a "computer generated fraud". In announcing the final verdict, the court said that the presidential elections were "not conducted in accordance with the constitution," thus "rendering the declared results invalid, null, void".

Odinga alleged that he and the NASA coalition were in possession of database logs that apparently prove that Chris Musando's credentials, murdered a week before elections, were used to alter the results and submit them using an 'algorithm'. Although Kenya's elections officials vehemently denied this, the Supreme Court has vindicated Odinga and company especially after stating that one of the irregularities was how the results were electronically submitted.

The Supreme Court has ordered that new elections be conducted within 60 days. It remains to be seen whether that is sufficient time for Kenya's Independent Electoral and Boundaries Commission (IEBC) to address any of the procedural and technology issues it encountered during the 8 August 2017 elections. One of those issues is that a day before elections were set to happen, the IEBC announced that over 11,000 polling stations in Kenya had no 2G or 3G network coverage. This meant that the electronic devices at those polling stations wouldn't be able to immediately submit results as they were confirmed on the day.

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