Summary

  • Kenya's Supreme Court declares election null and void

  • Said electoral commission did not act in accordance with the law

  • New election to be held within 60 days

  • Two of six judges disagreed with majority verdict

  • Massive celebrations by opposition supporters in Nairobi and Kisumu

  • President Kenyatta 'respects' the ruling but 'disagrees' with it

  • He describes judges as 'thugs' when talking to his supporters in Swahili

  1. What's unprecedented about the rulingpublished at 13:45 British Summer Time 1 September 2017

    The BBC Africa Live team has been debating the unprecedented nature of today's decision by Kenya's Supreme Court to annul the result of last month's presidential election.

    Opposition leader Raila Odinga, who took the case to court, said this was the first time that this has happened in Africa.

    In the last 30 years there are other examples where results have been annulled or elections have been cancelled.

    • 1991/2 - Algeria - military cancelled the second round of parliamentary elections which looked like they were going to be won by the Islamic Salvation Front
    • 1993 - Nigeria - election of Moshood Abiola as president was annulled by the military leader at the time, Ibrahim Babangida
    • 2010 - Ivory Coast - the Constitutional Council annulled the result of the presidential election after opposition leader Alassane Ouattara was declared the winner

    So we think that today's ruling makes Kenya the first African country where an opposition court challenge against a presidential poll result has been successful.

    Raila OdingaImage source, EPA
    Image caption,

    Opposition leader Raila Odinga hailed the decision as historic for Africa

  2. Kenyatta: I disagree with ruling but respect itpublished at 13:21 British Summer Time 1 September 2017
    Breaking

    Kenya's President Uhuru Kenyatta has said: "I personally disagree with the ruling but I respect it."

    "I disagree with it because millions of Kenyans... made their choice and six people have decided that they will go against the will of the people."

    He was referring to the panel of six judges who made the ruling at the Supreme Court that nullified last month's presidential election result.

    Mr Kenyatta had been announced the winner of the poll.

    The ruling was made by majority decision - 4-2.

  3. Kenyatta addresses nation and calls for peacepublished at 13:20 British Summer Time 1 September 2017

    Kenya's President Uhuru Kenyatta has called for peace in the wake of the Supreme Court's decision to annul last month's presidential election.

    He said "take the hand of your brother and your sister and shake it and say 'amani' - peace... and I repeat again peace".

    "Your neighbour will still be your neighbour... regardless of political affiliation."

  4. Election boss wants prosecutor to investigatepublished at 13:13 British Summer Time 1 September 2017

    Making his first comments since the judgement, Wafula Chebukati, the head of Kenya's electoral commission, IEBC, said he will implement the judges' decision to rerun the election.

    He added that the commission will make changes to personnel and processes in advance of the fresh election, due in 60 days time.

    Mr Chebukati argued that the problem that judges identified was in the transmission of the results rather than in the voting and counting processes at the polling stations.

    He also invited Kenya's chief prosecutor to investigate any staff who may have been involved in breaking election laws.

    And he urged the Supreme Court to publish its full ruling, which it has to do within 21 days, so it can make changes to its processes as soon as possible.

    Wafula ChebukatiImage source, Reuters
    Image caption,

    Last month, Mr Chebukati announced that Uhuru Kenyatta had won the presidential election. That result has now been overturned.

  5. Election body chief: I will not resignpublished at 12:57 British Summer Time 1 September 2017
    Breaking

    The chairperson of Kenya's electoral commission, the IEBC, Wafula Chebukati has said he will not resign in the wake of the Supreme Court's decision to annul last month's presidential election result.

    Screengrab of electoral commissionerImage source, KTN
  6. Kenya's 'resilient democracy' praisedpublished at 12:48 British Summer Time 1 September 2017

    Ambassadors from the US, Canada and various European countries have issued a joint statement praising Kenya in the wake of the court decision annulling last month's presidential election result.

    They described the decision as "an important moment for Kenya".

    Quote Message

    The court’s independent review has demonstrated Kenya’s resilient democracy and commitment to the rule of law.

    Quote Message

    Kenya’s electoral institutions now must begin preparing for a new presidential poll later this year and we urge everyone to work to make it free, fair, credible, and peaceful.

    Supporter of opposition celebratingImage source, EPA
    Image caption,

    Supporters of opposition leader Raila Odinga have been celebrating the court's ruling

  7. Chief Justice Maraga 'makes Kenyans proud'published at 12:29 British Summer Time 1 September 2017

    Our reporter in Kenya's opposition stronghold of Kisumu in the west of the country has been in the midst of the celebrations following the Supreme Court decision to annul the presidential election result that gave victory to Uhuru Kenyatta:

    Quote Message

    We congratulate [Chief Justice] David Maraga. He has made Kenyans proud."

    Quote Message

    What we're telling observers [who praised the election] is that the verdict of Kenya has come to be seen today."

    Woman celebrates on the street
    Image caption,

    Supporters of opposition leader Raila Odinga have been celebrating on the streets of his stronghold Kisumu

  8. Kenyatta to address Kenyanspublished at 12:15 British Summer Time 1 September 2017

    President Uhuru Kenyatta, who has remained quiet throughout the court process, is due to speak to the nation shortly, according to this tweet from his spokesperson:

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  9. 'Disappointed with the ruling' - Kenyatta lawyerpublished at 12:05 British Summer Time 1 September 2017

    Sammy Maina
    BBC Monitoring

    President Uhuru Kenyatta’s legal team has condemned the Supreme Court’s decision to nullify his re-election.

    The six-judge bench issued a majority ruling upholding a petition filed by the opposition National Super Alliance (Nasa), and ordered a fresh election in 60 days.

    In its judgement, the court did not suggest any wrongdoing from Mr Kenyatta:

    Quote Message

    We are disappointed with the ruling. We think it has no basis in law. We have said it in court and we are repeating it, that it is a political decision that is absolutely devoid of an iota of legal reasoning but we will live with it."

    Ahmednassir Abdullahi, Part of Mr Kenyatta's legal team

  10. Kenya's electoral commission promises to speakpublished at 12:05 British Summer Time 1 September 2017

    Kenya's electoral commission, the IEBC, is at the centre of the storm around the annulled presidential election.

    If you're wondering why we haven't reported its side of the story, it is because the commissioners have not said anything yet.

    But that is about to change.

    They have said they'll be addressing the press in just under half an hour.

    ballot boxImage source, Reuters
  11. Kenya election annulment explained in a minutepublished at 11:52 British Summer Time 1 September 2017

    If you're suffering from information overload over the news that Kenya's presidential election has been annulled, listen to the BBC's Solomon Mugera sum up the whole story in exactly a minute:

    Media caption,

    Why the Supreme Court nullified the result?

  12. Supreme Court IT experts' evidencepublished at 11:46 British Summer Time 1 September 2017

    Odeo Sirari
    BBC Africa, Nairobi

    Here are the details of the IT expert's evidence from earlier this week:

    • Nearly a third of the results forms have irregularities: some are blank, some are signed in the same handwriting, some come from polling stations that didn’t officially exist, some show results that differed from the totals, and from the totals announced by the electoral commission, and thousands lack official stamps, signatures, and watermarks
    • Some five million votes, enough to affect the outcome, were not verified
    • On examining the electoral commission logs the Supreme Court-appointed team found that numerous unauthorised users had entered the system before and after the election

    Chief Justice David Maraga said that the court will release the full ruling in due course.

  13. Where was the missing judge?published at 11:36 British Summer Time 1 September 2017

    The judgement today made to annul Kenya's presidential election was made by six judges.

    There are meant to be seven judges on the Supreme Court bench.

    One resident in Kiambu, an Uhuru Kenyatta stronghold, told the BBC's Peter Njoroge that, for him, this looks suspicious:

    Quote Message

    Personally we took the Supreme Court decision as very political. First of all we are very suspicious of the disappearing of [judge] Ibrahim Mohamed. We are told he fell sick, but yet we are doubting because most of the time we expect a seven judges bench, yet we are given six."

    vox

    The full bench was meant to consist of Chief Justice David Maraga, his Deputy Lady Justice Philomena Mwilu, Lady Justice Njoki Ndung'u, and justices Smokin Wanjala, Mohamed Khadhar Ibrahim, Jackton Boma Ojwang and Isaac Lenaola, the Conversation website reported earlier this week, external.

    Our reporter says that there's a calm atmosphere in Kiambu and though people were not expecting this ruling they say they will maintain peace and will be ready to vote again.

  14. 'The judgement is fake' - pro-Kenyatta lawmakerpublished at 11:21 British Summer Time 1 September 2017

    Kenyan Senator Irungu Kang'ata, who is from the Jubilee Party of Uhuru Kenyatta, has been objecting to the Supreme Court ruling that annulled last month's presidential election result giving Mr Kenyatta victory.

    He told Kenya's KTN News that the judges admitted that they hadn't had time to read all the submissions:

    Quote Message

    The judgement is fake... There is an admission on the part of the chief justice that he has only read a part of the evidence... why not await the reading of all the documents?"

    ScreengrabImage source, KTN

    As the Supreme Court is Kenya's highest court the ruling cannot be challenged.

  15. Unprecedented court ruling?published at 11:08 British Summer Time 1 September 2017

    Kenya's opposition leader Raila Odinga says that today's Supreme Court ruling annulling the presidential election is unprecedented in Africa.

    We're scratching our heads to find any other examples on the continent - but there are a few global examples in recent years where a court has annulled a presidential vote:

    • Ukraine in 2004
    • Maldives in 2013
    • Austria in 2016
  16. Annulling Kenya's presidential election: What we know so farpublished at 10:50 British Summer Time 1 September 2017

    JudgesImage source, Reuters

    If you're just checking the Africa Live page for the first time today, there has been some big news: Kenya's presidential election has been annulled.

    Here's what we know so far:

    • Kenya’s Supreme Court overturned the results of last month’s presidential election
    • It called for a new vote within 60 days
    • Four out of six judges said irregularities harmed the integrity of the vote
    • The judges said Kenya’s electoral commission had not conducted the vote in line with the constitution
    • This follows an opposition alliance challenge, which said the vote was fraudulent
    • It said the electronic system used in the process had failed
    • The election results had put President Uhuru Kenyatta more than a million votes ahead of Raila Odinga of the opposition Nasa alliance
    • Today’s court ruling is a major victory for the opposition alliance. It had initially said it did not trust the courts to make a fair decision but later went ahead with a legal challenge.
    • The announcement is unprecedented in Africa, the opposition says
    • The full judgement will be published within 21 days
  17. Kenya election judgement: Celebrations in Nairobipublished at 10:46 British Summer Time 1 September 2017

    The BBC's Roderick MaCleod filmed these opposition supporters in Kenya's capital, Nairobi, celebrating the court ruling annulling the presidential election:

  18. Kenya ruling: More celebration in Kisumupublished at 10:37 British Summer Time 1 September 2017

    The BBC's Ferdinand Omondi has sent more video from the opposition stronghold of Kisumu in western Kenya.

    You can see large crowds gathering on the city's main streets:

    Parts of Kisumu saw confrontations between police and opposition supporters immediately following last month's election when results showed that President Uhuru Kenyatta was in the lead.

    The election result has now been annulled.

  19. How will attitudes change to Kenya's Supreme Court?published at 10:22 British Summer Time 1 September 2017

    Our African security correspondent notes:

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  20. Odinga: Historic day in Kenya and Africapublished at 10:17 British Summer Time 1 September 2017

    Kenya's opposition leader Raila Odinga has described the Supreme Court's annulment of last month's presidential election result as a "very historic day for the people of Kenya and by extension the people of the continent of Africa".

    He called it a precedent-setting ruling, saying it had never happened before in Africa.

    Odinga press conferenceImage source, KTN