Kenya’s Supreme Court nullifies president’s win
Opposition cheers ‘ historic’ ruling against incumbent
Kenya’s Supreme Court on Friday overturned last month’s presidential election, citing voting irregularities, and ordered a new election within 60 days. It declared President Uhuru Kenyatta’s re- election null and void.
It is the first time a presidential election in East Africa’s economic hub has been nullified. Supporters of opposition candidate Raila Odinga, 72, danced and cheered in the streets and said they felt vindicated because he had contended that he lost because the electronic tally had been hacked.
“We are happy as Kenyans because justice has finally been found,” Chris Omondi, a supporter of Odinga, said outside the court. “Raila has to win this election.”
The country’s top court ruled 4- 2 in favor of a petition by Odinga, whose lawyer said a scrutiny of the forms used to tally the results had anomalies affecting nearly 5 million votes. Kenyatta won by about 1.5 million votes out of 20 million cast.
“After considering the evidence, we are satisfied that the elections were not conducted in the accordance to the dictates of the constitution,” Chief Justice David Maraga said.
Chris Msando, head of the electoral commission’s IT programs, was tortured and murdered shortly before the election, something the opposition said proved a conspiracy against Odinga.
Violence broke out, leaving 24 people dead, after Kenyatta won a second term in the Aug. 8 election with 54% of the vote. However it was not the feared repeat of mass killings of a decade ago, when more than 1,000 people were killed after Odinga lost in 2007.
The Supreme Court said the election commission “committed illegalities and irregularities ... in the transmission of results, substance of which will be given in the detailed judgment of the court” that will be published within 21 days.
“It’s a very historic day for the people of Kenya and by extension the people of Africa,” said Odinga, the leader of the National Super Alliance party. “For the first time in the history of African democratization, a ruling has been made by a court nullifying irregular election of a president.”
Analysts echoed Odinga, saying that Kenya was setting a standard for the entire continent, where courts regularly side with the ruling parties and incumbents who often stay in power for decades by fraud in elections or outright repression of the opposition.
The decision has “refreshed Kenyans’ trust in the judiciary, given the long evasive democracy an opportunity to take root in our deeply divided nation and set the agenda for democracy and the free will of the people,” said political analyst Nazlin Umar Rajput, chairwoman of the National Muslim Council of Kenya.
“This is a win- win for the entire African continent whichever side of the divide anyone may be on,” she said.
Kenyatta said he disagreed with the ruling but accepted it.
“I urge you to maintain peace and love each other,” he said. “We believe in democracy, and we are ready for the second round. We believe in the peace and unity of our country.”