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Kenia
Der Supreme Court hat heute Mittag alle Wahlanfechtungen zurückgewiesen und dies ausführlich begründet:
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Did the technology work?
Chief Justice Martha Koome is talking about the technology used.
She says the judges have looked at whether the technology deployed by the electoral commission met the standards of integrity, verifiability, security and transparency to guaranty accurate and verifiable results?
A lack of trust in the electoral system has endured for a long time, she adds, this led to the introduction of technology follow the 2007 election review.
Court rejects argument that the technology failed
The judges were not persuaded by the allegation that the technology failed the test of integrity, verifiability, security and transparency, the chief justice says.
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Judges looking at issue of inteference
The second issue that was raised by the petitioners was whether there was interference with the results as uploaded to the electoral commission’s portal.
No evidence that results system was tampered with
The chief justice says there was no evidence that anyone accessed the results transmission system to tamper with the results. She says the commission sufficiently explained how the system captured the results forms.
She adds that the argument that the integrity of the public portal was compromised was disproved.
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Lawyers presented 'hot air' evidence
The chief justice says there was no evidence that election forms in the online results portal were changed from the original printed forms.
Justice Koome, in a stinging criticism of some of those who presented affidavits, warns lawyers against presenting misleading or fabricated evidence.
In one case she says that the evidence proved to be "hot air" and sent the court on "a wild goose chase".
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Chief justice looking at the postponement of some polls
The chief justice is reflecting on whether the postponement of some of the elections on 9 August had an impact of Raila Odinga's support.
Electoral commission had the power to postpone
The Supreme Court says it was satisfied that the electoral commission had the power to postpone some of the the elections in parts of the country.
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Court dismisses there was voter suppression
The chief justice said the postponement of elections in some areas did not result in voter suppression to the detriment of Raila Odinga.
The court finds that there were no discrepancies between the votes cast for the president and those cast for the other positions, the chief justice says.
She says the electoral commission has explained categories of voters who only vote for president such as prisoners and diaspora voters.
The court also found that the postponement of the election in some constituencies did not affect the outcome of the presidential vote.
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Court rejects ballot-stuffing allegation
Not a single document has been produced by Raila Odinga's team that there was ballot stuffing, the chief justice says.
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Court looking at verification and tallying of results
The chief justice is addressing whether the chairperson of the electoral commission can verify, tally and declare results without consulting other commissioners.
The context here is that four of the seven electoral commissioners had said the process was "opaque" and disputed the results.
Commission problems do not nullify results
The Supreme Court finds that the power to verify and tally presidential election results vests not in the chairperson but in the commission. In line with earlier court decisions – the chairperson cannot arrogate to himself the power to verify and tally the results to the exclusion of others.
But the judges took cognisance of the fact that the four commissioners who disputed the final results had taken part in earlier verifications and tallying of the results.
The four commissioners did not produce any document showing the result was compromised and they did not explain why they took part in a verification process which they then said was "opaque", the chief justice says.
But the judges are critical of the governance of the electoral commission which could produce such a split.
However, this was not enough to nullify the outcome of the poll, the chief justice concludes in this section.
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Was 50%-plus-one threshold met?
The chief justice is now turning to whether William Ruto did really get more than 50% of the votes cast, thus avoiding a second-round run-off.
No evidence 50%-plus-one threshold was not met
The Supreme Court finds that petitioners did not provide a watertight case for the nullification of results on the basis that the 50%-plus-one constitutional threshold for an outright win was not met.
It says that William Ruto did get more than 50% plus one votes.
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Supreme Court rejects Odinga's legal challenge
Kenya Supreme Court has rejected Raila Odinga's challenge to the presidential election result meaning that Willian Ruto is confirmed as the winner of the 9 August poll and is the president-elect.
