Incumbent
President Uhuru Kenyatta and Deputy President William Ruto hold their
certificates after Kenyatta was announced winner of August 8 Presidential Poll
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Kenya's Supreme Court on
Friday nullified President Uhuru Kenyatta's election win, citing
irregularities, and ordered a new poll within 60 days, an unprecedented move in
Africa where governments often hold sway over judges.
Reuters
report continues:
The
ruling, broadcast to a stunned nation on television, sets up a new race between
Kenyatta, 55, and veteran opponent Raila Odinga, 72.
Kenyatta
called for calm and respect for the ruling and said he would run again in a
televised speech. But he later struck a more combative note, criticizing the
court for ignoring the will of the people and dismissing the chief justice's
colleagues as "wakora" (crooks).
In
Odinga's western heartland, cheering supporters paraded through the streets
chanting and waving tree branches.
Kenya,
a U.S. ally in the fight against Islamists and a trade gateway to East Africa,
has a history of disputed votes.
A
row over a 2007 poll, which Odinga challenged after being declared loser, was
followed by weeks of ethnic bloodshed that killed more than 1,200 people.
Kenya's economy, the biggest in the region, slid into recession and
neighbouring economies wobbled.
Chief
Justice David Maraga announced the Supreme Court's verdict that was backed by
four of the six judges, saying the declaration of Kenyatta's victory was
"invalid, null and void". Details of the ruling will be released
within 21 days.
In
the court room, a grinning Odinga pumped his fist in the air. Outside, shares
plummeted on the Nairobi bourse amid the uncertainty, while Kenyatta's
supporters grumbled. But the mood on the streets of the capital was jubilant
rather than angry.
Judges
said they found no misconduct by Kenyatta but said the election board
"failed, neglected or refused to conduct the presidential election in a
manner consistent with the dictates of the constitution."
THE
POWER OF JUDGES
Kenya's
judiciary went through sweeping changes after the 2007 election violence in a
bid to restore confidence the legal system. Friday's ruling is likely to
galvanise pro-democracy campaigners across Africa, where many complain their
judiciaries simply rubber stamp presidential rule.
"This
is a monumental and unprecedented decision, very remarkable and courageous that
will be watched carefully with keen interest across the continent," said
Comfort Ero, the head of the Africa programme for the Crisis Group think-tank.
Kenyatta
struck a conciliatory note in his televised address.
"The
court has made its decision. We respect it. We don´t agree with it. And again,
I say peace ... peace, peace, peace," he told the nation. "That is
the nature of democracy."
But
later he criticized the court, telling a rally at a Nairobi market:
"Earlier, I was the president-elect. (Chief Justice) Maraga and his people
those wakora (crooks) have said 'let that election get lost' ... Let Maraga
know he is dealing with the incumbent president." He spoke in kiswahili.
Official
results had given Kenyatta 54.3 percent of the vote, compared to Odinga's 44.7
percent, a lead of 1.4 million votes. Kenyatta's ruling party also swept the
legislature. Those results triggered angry protests and at least 28 people died
in the police clamp-down that followed.
"For
the first time in history of African democratization a ruling has been made by
a court nullifying irregular elections for the president," Odinga said
outside the court.
Later,
he called for the commission to resign and face criminal prosecution.
International
observers, including former U.S. Secretary of State John Kerry, had said they
saw no manipulation of voting and tallying at polling stations. But the
election board was slow posting forms showing polling station results online.
Thousands
were missing when official results were declared, so opponents could not check totals.
Court experts said some documents lacked official stamps or had figures that
did not match official tallies.
The
chairman of the election board said there would be personnel changes, but it
was not clear if that would be enough for the opposition. Sweeping out the
whole board would complicate efforts to hold a new poll within two months.
DEMOCRATIC
CREDENTIALS
In
a nation of more than 40 ethnic groups, tribal loyalties often trump policy at
election time. Kenyatta's Kikuyu is the biggest of Kenya's tribes but still a
minority. Odinga is a Luo.
Odinga's
strongholds include his ethnic heartland in the west; the coast, where many of
the nation's Muslims live; and the urban slums. Residents of all three areas
feel neglected by central government.
Kenyatta,
whose Kikuyu tribe has produced three out of Kenya's four presidents, has his
main support base in the central region.
Kenyatta
and Odinga are both scions of political families. Kenyatta's father, Jomo
Kenyatta, was the nation's founding president and had a long-running rivalry
with Odinga's father. Oginga Odinga was originally Kenyatta's deputy but
eventually left the government to unsuccessfully contest the presidency.
Raila
Odinga has contested the last three elections and lost each time. After each one,
he claimed the votes were marred by rigging. In 2013, the Supreme Court
dismissed his petition.
This
time, his team focused on proving the process for tallying and transmitting
results was flawed, rather than proving how much of the vote was rigged.
Residents
in the western city of Kisumu, where Odinga has strong backing, cheered and
motorcycle drivers hooted their horns. "Today is a special today and I
will celebrate until I am worn out," said 32-year-old Kevin Ouma.
In
the eastern Rift Valley town of Kinangop, a stronghold for the ruling party,
small groups gathered and complained.
"Over
8 million people supported the election of Uhuru Kenyatta but the Supreme Court
has ignored this in the ruling which is very shameful," said Matheri Wa
Hungu.
Kenyan
shares, which rallied after Kenyatta was declared winner, tumbled by 3.5
percent on Friday and prompted the authorities to suspend trading for half an
hour. The shilling fell by 0.4 percent and Kenya's dollar bonds fell.
But
although analysts said there was likely to be short-term volatility, the ruling
could be a long-term win for Kenya.
"The
population´s lack of faith in the system is one of the reasons why politics
often descends into violence," said Emma Gordon, a senior analyst at risk
analysis firm Verisk Maplecroft .
"While this decision cements the view that the (election board) was biased, it demonstrates that independent checks and balances do exist."
Jubilant Crowds
Dub Kenya’s Top Judge ‘An African Hero’
AFP
reports that “Baba! Baba!” the men cried, screaming out the nickname of Kenya’s
opposition leader Raila Odinga as they rolled about in the middle of a road,
clutching a campaign poster with his picture on it.
Moments
earlier a man in a full gorilla suit zipped by on a motorbike, standing tall,
hooting the horn and waving as people lining the road cheered him on.
As
the shocking news spread that the Supreme Court had decided to annul the result
of the August 8 presidential election and order a fresh vote within 60 days,
scenes of jubilation erupted among opposition supporters across the Kenyan
capital.
Crowds
of dancing, singing opposition supporters converged on Olympic Junction in
Kibera, a teeming shantytown in the capital Nairobi and a stronghold of Odinga
and his National Super Alliance (NASA) coalition.
They
waved leafy branches, blew whistles, shouted, cried, wept and sang celebrating
the Supreme Court’s unprecedented decision.
The
man of the hour, at least here in Kibera, was not so much Odinga but David
Maraga, a taciturn lawyer with a perpetually amused expression — and the
country’s chief justice, or CJ.
“He’s
an African hero!” said Joseph Omullo, an unemployed 25-year-old college
graduate among the crowd who was shouting to make himself heard.
“The
CJ is exemplary!” he said. “All we wanted was justice to be served.”
Nearby
an old woman did a shuffle dance, weeping and whooping by turns as she held a
five-day-old newspaper above her head, a picture of Maraga on the cover.
“This
is the first time we’ve seen justice in Kenya!” a man cried out.
‘Justice
has been done!’
Esther
Osimbo, a 33-year-old fishwife, strode towards the heart of the crowd. “It is
historic. Maraga is a great, great man,” she said adding, with a note of regret,
that he is married.
A
decision to overturn the outcome of the presidential vote, annulling President
Uhuru Kenyatta’s 54 percent victory, is unprecedented in Africa and rare in the
world.
In
Kenya it took many by surprise as experience has taught that courts are
routinely subservient to the president.
“In
the whole world, all eyes were on this Supreme Court and the judge did the
right thing,” said 36-year-old Frederick Oyieng, a night watchman, who was
looking somewhat dazed.
“It
was a surprise because the trend in justice in Kenya is not good, but this time
justice has been done,” said 39-year-old accountancy student Donna Abongo.
“Kudos
to the judges!”
Similar
scenes played out elsewhere in Nairobi as well as in the western city of Kisumu
where people danced through the streets, sweeping the roads with branches and
crying out “Uhuru must go!”
“They
have stolen elections for so long,” said Lynette Akello, a fishmonger,
referring to Odinga’s claim that he has been cheated in three consecutive
elections.
“This is justice for Baba.”
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