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The reelection of the president of Kenya in the recently concluded General elections has been nullified following a successful petition by the opposition candidate.
“After considering the totality of the entire evidence, we are satisfied that the elections were not conducted in accordance to the dictates of the Constitution and the applicable principles,” declared Chief Justice Maraga, the head of the Supreme Court, which handles presidential poll petitions in Kenya.
The decision was made by a six-judge bench, which decided 4-2 to nullify the presidential results; one Supreme Court judge was missing from the Bench as he had been taken ill.
In its petition, the opposition had claimed among other issues, that the electoral commission’s transmission platform had been hacked and results manipulated to favor the incumbent, in addition to a litany of irregularities, most prominent among them the fact that the results were declared by the chairman of the commission despite lacking the original result declaration forms from polling stations, Form 34A.
The petition had also raised allegations that some of these forms were fake and/or lacked security features.
11,000 Form 34 A, representing roughly 7 million voters, had not yet been received by the commission when the chairman declared President Uhuru Kenyatta reelected.
There are about 19 million registered voters in Kenya.
The decision is a watershed moment in Kenyan history, as this marks the first time the Supreme Court has ordered a rerun of the presidential election following a petition.
Following the ruling, Kenya’s electoral commission has to call for presidential elections within the next 60 days.