Kenya 1st African nation to overturn presidential poll

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Kenya's Chief Justice David Maraga

Kenya is now the 1st African country to overturn a Presidential Election in the continent’s “democracy history”.

The Supreme Court on Friday nullified the results of the August Presidential elections in which the electoral body, IEBC declared the incumbent Uhuru Kenyatta winner.

Four judges ruled that fresh elections be held within a period of 60 days in response to Kenya’s main opposition leader Raila Odinga and his National Super Alliance (NASA) petition challenging the outcomes of the August 8 election.

Kenya’s Chief Justice David Maraga said in his ruling that the Presidential election was not conducted in accordance to the Constitution.

The Chief Justice David Maraga said that the IEBC failed, neglected and refused to conduct the election in keeping with laws.

Kenya becomes the first African nation to overturn a presidential election. It also becomes the third nation in the world after Maldives and Austria.

Austria

In July 2016, Austria’s highest court annulled the result of the presidential election narrowly lost by the candidate of the far-right Freedom Party.

The party had challenged the result, saying that postal votes had been illegally and improperly handled.

The Freedom Party candidate, Norbert Hofer, lost the election to the former leader of the Greens, Alexander Van der Bellen, by just 30,863 votes or less than one percentage point.

Announcing the decision, Gerhard Holzinger, head of the Constitutional Court, said: “The challenge brought by Freedom Party leader Heinz-Christian Strache against the 22 May election… has been upheld.”

He added: “The decision I am announcing today has no winner and no loser, it has only one aim: to strengthen trust in the rule of law and democracy.”

Maldives

In October 2013, Supreme Court of Maldives nullified the entire election of a country and called for a fresh ballot.

Four judges of a 7 member panel (4:3 verdict) decided that 5600 votes cast in on 7 September 2013 were tainted to determine the qualified run-off candidates.

The businessman Gasim Ibrahim, who wanted to become the next president, demanded that the results of the election be annulled.

This demand was supported by the Abdullah Yameen (brother of former president Gayoom) the candidate of Progressive Party of the Maldives (PPM).

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