We won't be cowed by attacks, judge tells Kenyatta

They said the court should have ordered for a recount of the votes following a petition filed by the Nasa coalition after Uhuru Kenyatta was declared victor of the August 8 election. He says the previous two elections were also stolen from him.

Hundreds of Jubilee supporters held demonstrations outside the Supreme Court in the capital Nairobi, accusing the country's top court of "stealing their victory".

Maraga said the authenticity of the forms used to declare the presidential election results were in doubt since several forms containing the final results lacked signatures of agents of political parties.

But Justice Ndung'u said the court's orders were very clear and distinct that the IEBC was expected to provide a read-only copy of the logs in the servers (with an option to copy).

Odinga's claims of rigging after defeat in 2007 elections prompted rioting and retaliation by security forces, which tipped the country into its worst crisis for decades.

"On our part, we're prepared to pay the ultimate price to protect the Constitution and the rule of law", the chief justice said.

"As a effect, in the scope of the fresh elections, OT-Morpho has to reinstall a fresh new RTS system as well as all 45,000 KIEMS kits", it said, referring to the computer system for transmitting provisional results and to the laptops used for biometric ID.

Mr. Maraga further condemned what he described as attacks on Kenya's judicial officers and staff, saying "these attacks are denigrating, demeaning and degrading and are meant to intimidate, threaten and cow the institution and individual judges".

About 10,000 paper forms from polling stations, each containing the documentation of anywhere from dozens to hundreds of votes, were missing when the results were announced.

The justices said the Independent Electoral and Boundaries Commission had not verified the results before announcing them.

Uhuru Kenyatta, the incumbent president of the east African state, won a second term by a margin of 9%, defeating his long-term rival, Raila Odinga, in the election last month.

But although the tallying process was questioned, voter registration, identification and voting all appeared to have been "conducted in accordance with the law", she said.

Irregularities in the transmission of results was one of the problems referenced by the Supreme Court when it annulled the August poll's results.

Kenyatta has accepted the court's decision and aides say he is confident of winning once again.

The court's September 1 ruling identified some procedural problems, but the key finding against the election board on Wednesday was that officials had announced results before being able to verify them.

  • Joey Payne