When Kenya’s supreme court overturned the result of the country’s August presidential election citing flaws in the process, the decision was hailed as unprecedented across the continent — a rare example of a strong institution standing up to strongmen. Kenyans of all political stripes, even some of those who had supported the poll’s winner, incumbent president Uhuru Kenyatta, basked in the limelight of international praise. They lionised Chief Justice David Maraga and applauded the court finding that the correct processes had not been followed by the electoral commission and the poll would have to be run again. However, last week the court suffered a spectacular fall from grace when three human rights activists turned to it once again to decide if the country was ready for the fresh election within the tight time frame of 60 days, as laid out in the constitution. There were fears — voiced by the chairman of the electoral commission itself — that the poll could not be free and fair b...

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