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We're ready to pay 'ultimate price' - Defiant Kenyan Chief Justice

We're ready to pay 'ultimate price' - Defiant Kenyan Chief Justice”

The IEBC declared incumbent President Uhuru Kenyatta, the victor of August's election by 54% to 45%. An election official also confirmed the potential delay to the BBC.

She faulted her colleagues for not using the certified Forms filed in court by the IEBC to verify the allegations made by the petitioner, Nasa flag-bearer Raila Odinga.

Reading out portions of the judgment, Philomena Mwilu, the deputy chief justice, said the court had upheld the opposition claim that the election result was declared before all results from Kenya's more than 40,000 polling stations had been received.

Kenya's Supreme Court then ordered a new election to be held within 60 days, and Kenyatta pledged to respect the ruling despite repeatedly and strongly criticizing it.

She argued that the electronic results transmission is a compliment to manual transmission hence it was not reasonable to invalidate the election citing mishaps in electronic system.

The court's majority decision to annul the poll - the result of which was announced three weeks ago - surprised many observers and embarrassed local, African and western observers who said they had found no major problems with the election.

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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.

Kenya's highest court on Wednesday returned a damning finding against the poll body for failing to conduct the August 8 presidential elections in accordance with the constitution and vowed it would nullify any future elections which do not conform to the dictates of the law. Fresh elections have been scheduled for October 17, but many analysts worry that there is not enough time to prepare for it. Kenya is beset by bitter tribal rivalries, and many worry that a second election, whose results might not be accepted by the loser, is likely to exacerbate those tensions. The official results were based on the electronic tally before the paper results were fully collated, the judges said.

The court's September 1 ruling identified some procedural problems, but the key finding against the election board on Wednesday was that officials had announced results before being able to verify them.

The justices said the Independent Electoral and Boundaries Commission had not verified the results before announcing them.

They ruled that IEBC failed to verify the numbers before declaring Uhuru Kenyatta the victor and Nasa proved that declaration was made before receiving all the 40,883 Forms 34As in breach of the Elections Act.

Demonstrations have bordered on violence and are clearly meant to intimidate the judiciary and individual judges.



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