Justice Njoki Ndung'u. [Photo/ Courtesy]
After today's detailed Supreme Court judgment, which IEBC official(s) will go home for bungling last month's presidential election?
6 mistakes IEBC made7:30pm: From today’s ruling, IEBC made six mistakes that convinced the judges to nullify the election outcome.
Babu Owino behind bees attack
7:10pm: Embakasi East MP Babu Owino has admitted bringing bees to the Supreme Court. The bees chased away police officers, journalists, protesters, beggars and other people near the court.
Uhuru’s lawyer praises 2 judges7:05pm: President Uhuru Kenyatta’s lawyer, Ahmednasir Abdullahi, has praised the two dissenting judges.
Miguna faults Justice Ndung’u6:56pm:
Electronic vs manual6:52pm: Justice Njoki Ndung’u (dissenting): “Electronic transmission of results is only a complement of the manual system”
Ojwang's conclusion
4:00pm: Justices Ojwang concludes that the petitioner's case was based on weak evidence compared to respondent. He adds that the petitioner's evidence was shifting on base
Did Chebukati follow the law in conducting the entire process?
3:50pm: Justice Ojwang has ruled that IEBC chair Wafula Chebukati followed the law in conducting the August 8 polls.
Legality of form 34B
3:40pm: Justice Ojwang states that he was convinced with IEBC chair Wafula Chebukati testimony that the form 34B were not compromised.
What Jubilee's majority in both houses means
3:25pm: Justice Ojwang has said that Jubilee's dominance in both houses of parliament means that President Uhuru Kenyatta was elected by the majority.
Raila,Kalonzo to blame for post election-violence
3:15pm: Ojwang states that he was convinced that NASA leaders were responsible for the post-election violence that erupted moments after the announcement of election results. He said the situation was worsened by NASA's call on supporters to reject the outcome of the August 8 polls.
Human errors witnessed in results transmission
3:05pm: Justice Ojwang in his submission has stated that there were human errors during the transmission of results. However, he states that the errors were minor and were to be expected.
IEBC put in place secure systems
2:55pm: Justice Ojwang adds he was satisfied thatthe election body had put in place a secure system that was void of tampering from external parties.
Justice Ojwang expresses satisfaction with election observers
2:45pm: Supreme Court judge Jacton Ojwang has said that he was satisfied with election observers to report that stated that the August 8 polls were held in a transparent manner contrary to the petitioner's allegations.
IEBC observed the law
2:30pm: Dissenting judge Ojwang believes that IEBC followed the law during the electoral process and conducted a free and fair process.
Jackton Ojwang speaks on why IEBC is innocent
2:20pm: Justice Jackton Ojwang states that he believes that IEBC did not conduct a shambloic election as alleged by the petitioner.
Miguna on Justice Ojwang
1:50pm: What Miguna Miguna thinks of Justice Ojwang, who’s currently reading his dissenting opinion:
1:40pm: Dissenting judges — JB Ojwang and Njoki Ndung’u — are now reading their decisions, starting with Prof Ojwang.Simple system
1:35pm: "The election system in Kenya was designed to be simple and verifiable.” — CJ Maraga Ignoring the constitution
1:30pm: CJ Maraga: The moment we ignore our constitution, which Kenyans fought for decades, we lose it.”
Greatness of a nation
1:28pm: CJ Maraga: The largeness of a nation lies in its fidelity to the constitution, and the fear of God.
Numbers alone don’t matter
1:24pm: CJ Maraga: The results of an election, regardless of numbers, can be overturned if the petitioner proves that the process was not adhered to. Integrity affected
1:22pm: “The illegalities and illegalities committed by IEBC affected the integrity of the election.” — CJ Maraga
Supreme Court gives verdict on lack of security on for
1:10 pm: CJ Maraga declares that lack of security features on results tabulation forms meant the results were null and void.
IEBC explanation dismissed
1:04 pm: Supreme Court says that it cannot accept IEBC's explanation of the alleged failure of technology in the transmission of results
Uhuru not guilty
12:48 pm: CJ Maraga finds President Kenyatta not guilty of any wrongdoing for allegedly threatening Makueni chiefs of dire consequences if they did not vote for him. “The petitioners have not proved their case, as required on this issue.”
Maraga’s turn12:36 pm: Chief Justice David Maraga reads ruling on how irregularities and illegalities affected the election.
Election not transparent 12:35 pm: "Although Kenyans turned up in large numbers to vote on election day, after the voting, everything went awrily opaque. Whether the third respondent received largest number of votes is irrelevant.Neither the election was transparent nor verifiable. On that ground alone, we have no choice but to nullify it." — DCJ Mwilu
Court dismisses election observers’ reports12:34pm: DCJ Mwilu: “Observers report didn't go beyond counting of votes in selected polling stations. Their report can not be used as evidence of free fair poll.”
IEBC relied on Forms 34Bs12:33pm: The court finds that IEBC declared the final presidential election results from Forms 34Bs, some of which were questionable.” — DCJ Mwilu.
IEBC ignored law12:30pm: IEBC behaved as though some sections of the law, which they were supposed to rely on when going about their work, did not exist. — DCJ Mwilu.
Uhuru’s lawyer responds12:27pm: President Uhuru Kenyatta’s lawyer, Ahmednasir Adbullahi, has criticized the court’s determination that the IEBC servers may have been compromised.
Protestors outside the Supreme Court
Where Chebukati failed 12:20pm: Not all results from the polling stations to the national centre had been sent by the time IEBC chairman Wafula Chebukati declared the final results.
Where IEBC failed12:05pm: “IEBC failed to provide access to two key areas: its servers and logs — to prove that hacking occurred or not.” “If IEBC had nothing to hide, it would have provided access to its logs and servers to disprove the petitioner’s claims.”
IEBC failed to comply with court orders12:00pm: DCJ Mwilu: "IEBC was reluctant to comply with the court’s order to allow read only access to the public portal. They refused to provide fire walls and specific GPS," among other items.
IEBC failed to show polls were fair11:57am: “The burden of proof shifted from the petitioner (Raila) to IEBC, to show that it had conducted the elections in a free and fair election; and they failed to do that.” — DCJ Mwilu.
Violation of law11:53am: "IEBC’s failure to transmit the election results was in our view a violation of the law,” — DCJ Phelomena Mwilu
IEBC ICT staff on the spot 11:51am: The Supreme Court judges say they cannot accept IEBC’s explanation for failed transmission of results. They accuse IEBC’s ICT officials of incompetence
Statistics and results11:40am: DCJ Mwilu: “Where was the language of statistics, as opposed to (election) results come from?”
11:31am: DCJ Mwilu: "Why did IEBC fail to immediately supply NASA with all forms 34As, four days after declaration of results?"
Final declaration 11:18am: The most non-compliance of the law? IEBC declared results before receiving all Forms 34As. — Deputy Chief Justice Mwilu.
Was the election conducted in accordance with the law?
10:50am: Deputy Chief Justice Philomena Mwilu states that the failure to follow the law was deliberate. She states that the failure to comply with the law was also systematic.
Lenaola introduces ruling
10:40am: Justice Issac Lenaola opens the delivery of the ruling by emphasizing that IEBC conducted the elections 'so badly'.
Why the entire ruling will not be read
10:36am: Chief Justice David Maraga says the court will only read the key highlights of the ruling because the document is large. The whole judgement will be forwarded to media outlets after the session
Introduction of defence lawyers
10:35 am: Lawyers of all parties involved in the presidential petition introduce their legal teams
Maraga arrives
10:30am: Supreme court judges take their seats on the bench led by Chief Justice David Maraga.
Mohammed Ibrahim absent
10:20am: Supreme Court judge Mohammed Ibrahim might not present during the delivery of the ruling. By press time, only six seats were available on the bench considering that the Supreme Court is made up of seven judges. During the hearing, Mohammed was not present during most sessions after falling sick. During the delivery of the ruling, Ibrahim was also absent.Raila arrives
10:00am: NASA Presidential candidate Raila Odinga and his Thirdway Alliance counterpart arrive at the Supreme Court ahead of the full ruling of the nullified presidential elections. NASA's lead lawyer James Orengo was in the company of Raila alongside President Uhuru Kenyatta's legal team.