The Carter Center Releases Statement Following the Nullification of the Kenyan Presidential Election Results

The Carter Center Releases Statement Following the Nullification of the Kenyan Presidential Election Results

The Cater Center,  one of the leading observer missions during the August 8th general elections and headed by former US Secretary of State John Kerry, on Friday released a press statement following the nullification of the election of President Uhuru Kenyatta by the Supreme Court.

The court, through Chief Justice David Maraga, ruled that the Independent Electoral and Boundaries Commission (IEBC)  "failed, neglected or refused to conduct the presidential election in a manner consistent with the dictates of the constitution" and ordered that a fresh election be held within 60 days.

Here is the statement from the Cater Center following the Supreme Court’s decision:

Following the decision issued today by Kenya’s Supreme Court, The Carter Center commends the court for conducting an open and transparent judicial process, which gave all parties the opportunity to be heard and ensured due process consistent with the constitution and laws of Kenya.

In response to an election petition challenging the results of the Aug. 8 presidential elections, the court ruled the election null and void based on irregularities and illegalities committed by the Independent Election and Boundary Commission (IEBC) in the transmission of results.

The Carter Center’s Aug. 10 preliminary statement following the election noted that election day voting and counting processes had functioned smoothly but that the electronic transmission of results proved unreliable.

The statement also noted that the IEBC’s tabulation process, if fully implemented, would allow for a high level of transparency and accountability.  Following the elections, the co-leaders of the Center’s mission, former U.S. Secretary of State John Kerry and former Prime Minister of Senegal Aminata Touré, publicly discussed concerns about the transmission of results and encouraged all stakeholders to cross-check results during the tallying process and to use established legal processes to address any concerns, and refrain from violence.

The Center issued another statement on Aug. 17 urging the Independent Election and Boundaries Commission to continue to collect and publish the results forms transparently, so that the overall integrity of the process could be verified.

In both statements, the Center stressed that the electoral process was not yet complete and that an overall assessment could not be given until its conclusion, including the resolution of any electoral petitions.  Today’s ruling is both important and encouraging, because it highlights the independence of the Kenyan judiciary and its important role as a key institutional pillar in Kenya’s democracy.

The Center affirms the observations and conclusions in its Aug. 10 and Aug. 17 statements and notes that the Supreme Court’s ruling is focused on problems that occurred during the transmission of results that impacted its integrity, and not the voting or counting processes.

Now that the Supreme Court has ruled, it is incumbent on all Kenyans to accept the ruling and prepare for fresh elections. The Center urges the court to release its detailed ruling as soon as possible so that it can inform the new election process going forward, and further urges all stakeholders to support a fully transparent and peaceful process.

Comments

anonymous (not verified)     Fri, 09/01/2017 @ 09:19pm

The Supreme Court of Kenya under Chief Justice Maraga is definitely superior to the US Supreme Court. When Al Gore was denied a recount in the state of Florida in 2000, the US Supreme Court caved in and allowed a loser to be sworn in as the president of the USA. This loser caused the current mess in Iraq and Afghanistan. Thank you Maraga for conducting the Kenya Supreme Court court in a humane way.

The entire world will remember your name for years. Thank you!

MaragaMwiluSmo… (not verified)     Fri, 09/01/2017 @ 09:27pm

Carter observers confirmed election were done ok.
Now just to results delay is cause of annulment....big joke.
If am a local or international hiring officer i can never hire any ex judge from kenya.

Sillymaraga (not verified)     Fri, 09/01/2017 @ 09:30pm

Maraga made the biggest blunder in history of any election in the world.

Time will tell that his blunder will put him in jail one day.

hypocrite (not verified)     Sat, 09/02/2017 @ 12:19am

Kusema ukweli mimi sijalala ... bibi nimefukuza na hizo ma-tshirt zake za okoa kenya ... leo umbwa lazima iende .. kuku nitachinja kesho ... no uhuru .. nobody ... no uhuru .. nobody

DR. Koni Hanene (not verified)     Sat, 09/02/2017 @ 12:44am

I predicted the O dominated Kenya Supreme Court would nullify Uhuru's win in favor of Raila Omolo Odinga. That has happened even though even though there was no rigging. Uhuru is a people's person but not a strategist. He appointed most of this Judges, who are from opposition backyard, without regard to his own interest. Those that are shouting Kenya has become the new hotbed of democracy in Africa are dead wrong. This Judges are not democratic. They are tribal Judges whose alliance is to their tribes not the country of Kenya. Look at their composition and the composition of NASA, it's one and the same.

DR. Koni Hanene (not verified)     Sat, 09/02/2017 @ 12:45am

I predicted the O dominated Kenya Supreme Court would nullify Uhuru's win in favor of Raila Omolo Odinga. That has happened even though even though there was no rigging. Uhuru is a people's person but not a strategist. He appointed most of this Judges, who are from opposition backyard, without regard to his own interest. Those that are shouting Kenya has become the new hotbed of democracy in Africa are dead wrong. This Judges are not democratic. They are tribal Judges whose alliance is to their tribes not the country of Kenya. Look at their composition and the composition of NASA, it's one and the same.

Mkenya halisi (not verified)     Sat, 09/02/2017 @ 02:40am

Can somebody answer me when we vote Uhuruto with over 70% then the lord of poverty decided to go to Supreme Court then how r they going to rule on it juu come November 5/6/7 th he will head to court again.Hakuna mkate nusu n votes will only go up not come dwn n the same iebc will oversee elections coz we don't have enough time to bring new ones???In 60 days nikunjitokeza na mahasira to again vote the lord of poverty out

Anonymous (not verified)     Sat, 09/02/2017 @ 03:12am

In reply to by Mkenya halisi (not verified)

There is no limit as to the number of times raila can go to court ... uhuru has the support of the people ... raila has the support of the court ... I think raila will go to court as many times as possible until he gets a mkate nusu govt ... we are in for tough times ahead

Anonymous (not verified)     Sat, 09/02/2017 @ 03:00am

If Uhuru wants to win the second election, he must stay away from alcohol and quit scratching his ass in public ... it was embarrassing to see him threatening the CJ while drunk and scratching his behind ... Uhuru, pliz sober up for 60 days ... then drink yourself silly.

Patriotic kenyan (not verified)     Sat, 09/02/2017 @ 05:51am

IT IS VERY UNFORTUNATE FOR RESPECTED JUDGES IN RESPECTED HIGH OFFICE CAN IGNORE THE ETHICS AND USE TRIBAL CARD TO SUPPORT THEIR KINSMEN. IT IS A DISGRACE AND SHAME GLOBALLY

Sukari (not verified)     Sat, 09/02/2017 @ 06:08am

Guys, IT IS WHAT IT IS! period. We need to recharge our batteries and focus in turning up in numbers, whichever party we support. Those eligible to vote and in diaspora, perhaps consider travelling if one feels so passionately. For me, I am dead bored with the lot of them! I watched Uhuru gave his speech yesterday and he sounded and looked like he was under the influence of something. Can't blame him if he was, I probably would like to be sedated for months if I was in his shoes and facing the task ahead. To think our country has the poor and sick crying out whilst public money is being thrashed around for another election is beyond my comprehension.

Anonymous (not verified)     Sat, 09/02/2017 @ 07:54am

someone please lock up all the alcohol in statehouse ... bakisha kidogo ya kutoa lock .... waaah !!! Unyeee is on a dangerous drinking spree ... GOSH !!!

D Mwose (not verified)     Sat, 09/02/2017 @ 04:28pm

No!The only way you gona win again is only if you activate mungiki. and by the way you can take the alcohol away from a drunkard but you cant take the drunkard away from the bottle. le uhuru drink himself silly and scracth his behind all day long, it is what and who he is....

Sukari (not verified)     Sat, 09/02/2017 @ 08:55pm

D Mwose, why does the highway has to be violence or nothing by the likes of you? We can, and have co existed without resorting to violence. Don't step right into stereotype ascribed to you. Your son/daughter may bring home either an Uhuru or Odinga's descendant to marry. What advise will you dish them? Omena or mungiki stereotypes? mindful that your grandchildren will carry a gene for both. Tumia grey cell and look beyond the now baba.

OneDay@times (not verified)     Sun, 09/03/2017 @ 01:51am

These are observers and analysts, they are not magicians or fortune tellers to decipher the underlying wretchedness in our current political, tribal and social systems. If the hallmark of our important endevour is ambiguity then the wisdom of strangers will rule our destiny. As far as I understand the Ondingas owe the Kenyattas nothing, the Kenyattas owe the Odingas nothing; how hard is it to see what others see of us?

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