Kenya's Supreme Court annuls presidential election result for irregularities, orders new vote

[DonViejo]

Source: The Washington Post




By Rael Ombuor September 1 at 6:30 AM

NAIROBI — In the first decision of its kind for Kenya — or all of Africa for that matter — Kenya’s Supreme Court on Friday annulled the president’s Aug. 8 reelection victory citing irregularities and ordered a new vote within 60 days.

The reversal of President Uhuru Kenyatta’s 54 percent win stunned East Africa’s economic powerhouse and a pillar of stability in the fragile region.

The majority 4-2 ruling of the six judges on the bench came in response to a petition filed by challenger Raila Odinga, 72, who alleged widespread fraud in the election, including the hacking of the electoral commission’s computer system. Following the judgment, the court broke into cheers and songs with Odinga raising his fists in the air in celebration.

“This is indeed a very historic day for the people of Kenya and by extension to the people of the continent of Africa,” he said outside the court house. “For the first time in the history of African democratization, a ruling has been made by a court, nullifying irregular election of a president.”

Read more: https://www.washingtonpost.com/world/kenya-supreme-court-cancels-presidential-election-result-for-irregularities-orders-new-election/2017/09/01/ceee81d6-8ef4-11e7-84c0-02cc069f2c37_story.html?deferJs=true&outputType=default-article&utm_term=.25b6bac42673

[samnsara]

1. wow

[El Mimbreno]

2. Precedent? nt

[karynnj]

3. There was none there, but it was the established recourse if there was likely fraud

Note that this same recourse does NOT exist in the US case. Consider 2000. There was more than ample reason to at minimum call the Florida vote questionable. Between the Palm beach ballot being a problem, significant double voting in Jacksonville for President, mostly blacks being excluded from the voting rolls incorrectly labeled as felons, and significant voter suppression of minorities like the Haitian Americans.

Nothing within our written law would have suggested that Florida - or the entire country - should have a second election. In fact, had the Supreme Court simply ruled that the winner of the Florida election was unknowable, the solution was for the FL legislature to act on its responsibility to select the electoral college delegates by the date required in December.

In both 2000 and 2004, really looking into fraud in a state that would determine the President was not something that could be done in the time frame before the electors were to be chosen. You could do a recount, but a recount would not have looked at suppressed votes. (Had FL been totally recounted, Gore would have won, but that was not asked for.) In 2016, three states would have to have been contested.

[muriel_volestrangler]

4. Kenyan President Uhuru Kenyatta vows to fix judiciary after Supreme Court election annulment

Kenyan President Uhuru Kenyatta has vowed to "fix" the country's judiciary, following the Supreme Court annulment of his election victory.
...
But Mr Kenyatta, after initially calling for calm, has responded by saying "we clearly have a problem" with the judges who made the ruling.

He said: "We shall revisit this thing. We clearly have a problem. Who even elected you? Were you? We have a problem and we must fix it.”
...
He continued: “The Supreme Court sat and decided that they are the ones with a bigger power than the 15 million Kenyans who woke up, queued in lines, and voted for their preferred presidential candidate.

http://www.independent.co.uk/news/world/africa/kenyan-president-uhuru-kenyatta-vows-fix-judiciary-supreme-court-election-annulment-a7925586.html