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Lessons in the annulment of the election in Kenya

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Comment: Don't insult intelligence of justices

Author:
Kofi Ata, Cambridge, UK
Date:
2017-09-06 22:59:19
Comment to:
Re: Lessons in the annulment of the election in Ke

Dr SAS, I really do not get why you started the article by bringing in the late first president of Ghana, Kwame Nkrumah. What has the inability of Supreme Court Justices and judges in Africa in general to assert their independence from their appointing masters got to do with Nkrumah who died decades ago? Was the US 2000 presidential election petition judgement also the fault of Nkrumah and have you forgotten about the Busia's "No court pronouncement? Yes, the judiciary in Ghana at the time of Nkrumah did not have its independence but that has nothing to do with election petitions in Ghana or Kenya in the 21st Century.

Regarding the Kenya second petition, I can tell you for sure that, had Ghana's December 2016 presidential election been contested by NDC or NPP, the decision would have been in favour of NPP because NPP would have presented superior evidence. Like the 2012 presidential petition in Ghana, in the 2013 Kenyan presidential petition, the opposition did not present credible evidence. On the other hand, credible evidence was presented by the opposition the second time round. That was also confirmed by the IT expert hired by the Kenyan Supreme Court to assist them with the evidence on tampering with the electronic collation of the results from the constituencies and that is why the results were annulled.

The real problem or risk to election results globally, especially electronic elections is hackers. Hackers can manipulate electronic elections from anywhere on the planet. Thank God, Ghana is not going that way and in addition to that, no one can hack the pink sheets given to the party and candidates' representative at the polling stations. That appears not to be the case in the Kenyan election so people could go into the Electoral body's IT system and change the results from the polling stations in favour of the incubent.

Kotey, please do not insult the intelligence of the Justices who sat on the Kenyan presidential election petition. They had evidence to support their majority decision. Please wait to read their written judgement before you condemn them.

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