Kenya’s Supreme Court has annulled the result of last month’s presidential election, citing irregularities, and ordered a new one within 60 days.
The ruling makes Kenya the first African country where an opposition court challenge against presidential poll results has been successful.
The election commission had declared incumbent Uhuru Kenyatta the winner by a margin of 1.4 million votes. But the opposition said voting systems had been hacked, causing massive fraud.
Chief Justice David Maraga said the 8 August election had not been “conducted in accordance with the constitution” and declared it “invalid, null and void”. He said the verdict was backed by four of the six Supreme Court judges.
The announcement drew cheers from opposition supporters both inside and outside the courtroom.
Opposition leader, Raila Odinga Photo:BBC
What did the judges say was wrong?
Justice Maraga said the election commission had failed “to conduct the presidential election in a manner consistent with the dictates of the constitution”.
He did not elaborate on any irregularities, but said the court would provide details in a full judgment within 21 days.
Dissenting judges said that the Nasa opposition alliance – which had petitioned the Supreme Court – failed to prove claims that the polls had been rigged.
International election monitors from the EU, the African Union and the US said there had been no major fraud on Election Day and urged opposition candidate Raila Odinga to concede.
The election sparked days of sporadic protests, in which at least 28 people were killed. The vote had raised fears of major political violence – as was the case after a disputed poll in 2007.
Opposition supporters in jubilation on the streets Photo: BBC
How have the two sides reacted?
Mr Odinga said the ruling marked “a historic day for the people of Kenya and by extension for the people of the continent of Africa”.
He added that he had “no faith at all in the electoral commission as currently constituted” and called for the prosecution of its members.
A lawyer for President Kenyatta said the decision had been “very political” but had to be respected.
Senator Irungu Kang’ata, who is from Mr Kenyatta’s Jubilee Party, told Kenyan TV: “The judgment is fake. There is an admission on the part of the chief justice that he has only read a part of the evidence. ”
One of the two dissenting judges, Jackton Ojwang, said: “There is not an iota of merit in invalidating the clear expression of the Kenyan people’s democratic will.”
A huge victory for Odinga
Raila Odinga will feel vindicated against accusations that he was just being a bad loser in challenging President Kenyatta’s win.
However, this historic decision is a massive indictment of the electoral commission. It is therefore no surprise that the opposition Nasa coalition is now calling for a new team to manage the next elections.
This is also a setback for the international, and some local, election observers, who profusely praised the election as free, fair and credible.
People will be watching for the reaction of former US Secretary of State John Kerry, who was the head of the mission for US NGO The Carter Centre, whose positive assessment of the election was used in court.
Regardless of the winners and losers following the ruling, this is a proud moment for Kenya. The litigation and debate on the merits of the election was done at the Supreme Court and not on the streets.
Chief Justice Maraga said it best in his opening statement: “The greatness of a nation lies in its fidelity to the constitution and the strict adherence to the rule of law.”
Election boss wants prosecutor to investigate
Electoral Commission Boss, Wafula Chebukati: Photo: BBC
Making his first comments since the judgment, Wafula Chebukati, the head of Kenya’s electoral commission, IEBC, said he would implement the judges’ decision to rerun the election.
He added that the commission would make changes to personnel and processes in advance of the fresh election, due in 60 days time.
Mr Chebukati argued that the problem that judges identified was in the transmission of the results rather than in the voting and counting processes at the polling stations.
He also invited Kenya’s chief prosecutor to investigate any staff who may have been involved in breaking election laws.
And he urged the Supreme Court to publish its full ruling, which it has to do within 21 days, so it can make changes to its processes as soon as possible.
Reactions From US, Canada and EU Countries
Ambassadors from the US, Canada and various European countries have issued a joint statement praising Kenya in the wake of the court decision annulling last month’s presidential election result.
They described the decision as “an important moment for Kenya”.
The court’s independent review has demonstrated Kenya’s resilient democracy and commitment to the rule of law.
Kenya’s electoral institutions now must begin preparing for a new presidential poll later this year and we urge everyone to work to make it free, fair, credible, and peaceful. BBC
