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Kenyan supreme court annuls Uhuru Kenyatta election victory Kenyan supreme court annuls Uhuru Kenyatta election victory
(about 2 hours later)
Kenya’s supreme court has declared Uhuru Kenyatta’s victory in presidential elections last month invalid and ordered a new poll within 60 days.Kenya’s supreme court has declared Uhuru Kenyatta’s victory in presidential elections last month invalid and ordered a new poll within 60 days.
The decision to nullify the result, a first in Kenya, risks plunging the country into political chaos and sets up a new race for the presidency between Kenyatta and the veteran opposition leader Raila Odinga. The decision to nullify the result, a first in Kenya, sets up a new race for the presidency between Kenyatta and the veteran opposition leader Raila Odinga.
Analysts said it marked a watershed in the east African nation, and set a unique precedent for the continent.
Kenyatta accepted the court decision on Friday afternoon, calling for “peace, peace, peace” in a televised address.
The six-judge bench ruled 4-2 in favour of a petition filed by Odinga, who claimed the electronic voting results were hacked and manipulated in favour of the incumbent. Kenyatta had won a second term with 54% of the vote.The six-judge bench ruled 4-2 in favour of a petition filed by Odinga, who claimed the electronic voting results were hacked and manipulated in favour of the incumbent. Kenyatta had won a second term with 54% of the vote.
East Africa’s biggest economy has a history of disputed elections and political violence. The judges of the court decided “[the election commission] failed, neglected or refused to conduct the presidential election in a manner consistent with the dictates of the constitution” and ordered a new poll within 60 days. They did not place blame on Kenyatta or his party.
“The declaration [of Kenyatta’s win] is invalid, null and void,” said Judge David Maranga. Kenyatta said he regretted that “six people have decided they will go against the will of the people” but would not dispute the judgement.
“The first respondent [the election commission] failed, neglected or refused to conduct the presidential election in a manner consistent with the dictates of the constitution.” “The court has made its decision. We respect it. We don’t agree with it. And again, I say peace ... peace, peace, peace,” he said in a televised address. “That is the nature of democracy”.
Odinga said the court had set an “exceptional example for all of Africa”. “Our judiciary now knows they have the power,” he said. “We thank the supreme court for standing up for the truth.”
Some observers worried the decision could lead to political chaos. Kenya, East Africa’s biggest economy, has a history of disputed elections and political violence. But others welcomed a demonstration of the strength of local institutions.
“It is a watershed judgement by a court. There is no precedent anywhere in Africa. There is nothing like it. It’s good news for Kenya.... Where you have strengthening institutions you get a better result,” said Alex Vines, head of the Africa Programme at Chatham House, London.
The Kenyan heads of mission from two dozen countries, including the UK and US, issued a joint statement saying that the court’s decision “demonstrated Kenya’s resilient democracy and commitment to rule of law”.
The hearing followed a petition filed by Odinga after his defeat last month. Opposition officials repeatedly described the results as a fraud and claimed that Odinga, who leads the National Super Alliance, was the legitimate winner.The hearing followed a petition filed by Odinga after his defeat last month. Opposition officials repeatedly described the results as a fraud and claimed that Odinga, who leads the National Super Alliance, was the legitimate winner.
Kenyatta called for peace in a televised address on Friday. “The court has made its decision,” he said. “We respect it. We don’t agree with it. And again, I say peace ... peace, peace, peace. That is the nature of democracy.”
His lawyers called the supreme court’s decision “very political” but said they would live with the consequences.
Odinga has contested, and lost, the last three elections. His claims of vote rigging in the 2007 elections prompted rioting and retaliation by security forces, tipping the country into its worst crisis for decades. About 1,200 people were killed in the ethnic violence that followed.Odinga has contested, and lost, the last three elections. His claims of vote rigging in the 2007 elections prompted rioting and retaliation by security forces, tipping the country into its worst crisis for decades. About 1,200 people were killed in the ethnic violence that followed.
In 2013, Odinga said the election was rigged and took his case to the supreme court, but lost.In 2013, Odinga said the election was rigged and took his case to the supreme court, but lost.
This time, his team focused on proving that the process for tallying and transmitting results was flawed, rather than proving how much of the vote was rigged. Only days after the election on 8 August, Odinga, 72, vowed to “remove” the government of Kenyatta.This time, his team focused on proving that the process for tallying and transmitting results was flawed, rather than proving how much of the vote was rigged. Only days after the election on 8 August, Odinga, 72, vowed to “remove” the government of Kenyatta.
“We predicted they will steal the election and that’s what happened. We are not done yet. We will not give up,” he told a crowd of several thousand gathered on a rubble- and rubbish-strewn wasteland in Kibera, Nairobi’s largest slum and an opposition stronghold.
Human rights groups have said police killed at least 24 people in unrest that followed the vote.
Election observers and western officials had called on Odinga to accept defeat, and said they had found no evidence of “centralised manipulation”.Election observers and western officials had called on Odinga to accept defeat, and said they had found no evidence of “centralised manipulation”.
Kenya was braced for further protests on Friday and police were deployed to sensitive areas of the capital, Nairobi. Security was tight around the courthouse before the judges gave their ruling. The court said the electoral commission committed “illegalities and irregularities” in the 8 August elections. The commission chairman urged the court to quickly release its full ruling with the details. That ruling is expected within 21 days.
Concerns were raised before the election when the official who oversaw the electronic voting system was found tortured and killed days before the vote. The electoral commission has said there was a failed attempt to hack the system as votes were being counted and compiled. Odinga was fiercely critical of the electoral commission. “There are more fundamental decisions to made in the days ahead, including who will conduct the next elections,” he said. “It is now clear that the entire IEBC [electoral commission] is rotten.
“It is clear that the real election results were never shared with Kenyans. Someone must take responsibility.”
Human rights groups have said police killed at least 24 people in unrest that followed the original vote, and Kenya was braced for further protests over the weekend. Police were deployed to sensitive areas of the capital, Nairobi, and security was tight around the courthouse before the judges gave their ruling.
Concerns were raised before the election when the official who oversaw the electronic voting system was found tortured and killed days before the vote. The electoral commission has said there was a failed attempt to hack the system as votes were being counted and compiled. But the unrest following the vote was far calmer than the post-election violence a decade ago that left more than 1,000 people dead.
“Right or wrong, the supreme court has spoken. So what remains is a fresh opportunity for the people of Kenya, in exercise of their sovereign authority, to once again restate with clarity who they want as their president,” electoral commission lawyer Paul Muite said on Friday.“Right or wrong, the supreme court has spoken. So what remains is a fresh opportunity for the people of Kenya, in exercise of their sovereign authority, to once again restate with clarity who they want as their president,” electoral commission lawyer Paul Muite said on Friday.
Observers saw last month’s election as the final act of a dynastic rivalry between the families of Kenyatta, 55, and Odinga that has lasted more than half a century. The candidates’ fathers, Jomo Kenyatta and Jaramogi Odinga, had been allies in the struggle for independence from Britain but later became bitter rivals.Observers saw last month’s election as the final act of a dynastic rivalry between the families of Kenyatta, 55, and Odinga that has lasted more than half a century. The candidates’ fathers, Jomo Kenyatta and Jaramogi Odinga, had been allies in the struggle for independence from Britain but later became bitter rivals.
Kenyatta is from the Kikuyu, Kenya’s largest ethnic community, and Odinga from the Luo, which has long felt marginalised. Both men built coalitions with other influential communities in a country where voting still takes place largely along ethnic lines.Kenyatta is from the Kikuyu, Kenya’s largest ethnic community, and Odinga from the Luo, which has long felt marginalised. Both men built coalitions with other influential communities in a country where voting still takes place largely along ethnic lines.
Many voters in the west of Kenya, Odinga’s stronghold, and along the coast, where there is also traditionally large support for the opposition, feel neglected by the central government and shut out of power.Many voters in the west of Kenya, Odinga’s stronghold, and along the coast, where there is also traditionally large support for the opposition, feel neglected by the central government and shut out of power.