State Emissary, November 2017. Issue 1 2017 Edition | Page 21

SM | POLITICS
The Supreme Court decision came as a surprise, even
to Mr. Odinga and his supporters, who had
complained about election irregularities. A top
election official in charge of voting technology was
killed about a week before the election, and although
the casting of ballots went smoothly, the electronic
transmission of vote tallies was flawed, leading the
opposition to assert that as many as seven million
votes had been stolen.
The Independent Electoral and Boundaries
Commission, which was in charge of the vote, “failed,
neglected, or refused to conduct the presidential
election in a manner consistent with the dictates of
the Constitution,” the court said.
The six-judge Supreme Court found no misconduct
on the part of the president, Mr. Kenyatta, but it found
that the commission “committed irregularities and
illegalities in the transmission of results” and
unspecified other issues.
in jail.
Mr. Kenyatta, the president, said he respected the
ruling and called on all Kenyans to respond peacefully,
but he also made clear his anger toward the court.
“Millions of Kenyans queued, made their choice, and
six people have decided that they will go against the
will of the people,” he said.
Security had been increased on Friday in opposition
strongholds amid concern that a ruling in favor of
either side could provoke protests or worse. Kenya
experienced postelection violence after presidential
votes in 2007, 2013 and last month, when at least 24
people were killed, most of them by security forces.
“My concern is that no matter what the court says, the
losers will react violently,” John Campbell, a senior
fellow for Africa policy at the Council on Foreign
Relations and a former ambassador to Nigeria, said
before the ruling.
Mr. Campbell expressed concern that “neither
“Irregularities affected the integrity of the poll,”
Kenyatta nor Odinga prepared their followers for the
Justice Maraga told a stunned
possibility of losing.”
courtroom.
A new vote means that
Immediately after the court's
candidates will have to start
announcement, however, the
“We see the foundation of
campaigning again and possibly
atmosphere was more of joy
Nigeria's approach to
raise millions of dollars:
than fear, and there were no
Elections in Kenya generally
immediate reports of
international relations. "We
cost about $1 billion, including
violence in strongholds on
belong to Africa, and Africa
spending by the candidates
the losing side, including
must claim first attention in our
during the campaign and by the
Gatundu. There, supporters
external affairs”
government to hold the
were seen carrying mock
election.
coffins with the words “R.I.P.
Thousands of people in the
Jubilee” painted on the sides,
opposition strongholds of
referring to Mr. Kenyatta's
Kisumu, Mombasa and parts of
Jubilee Party.
Nairobi streamed into the streets and whooped with
joy after the news was announced on Friday.
The Supreme Court, which has bolstered its
Supporters of Mr. Kenyatta in Gatundu, his
independence in recent years but had still been
hometown, were subdued.
viewed by many Kenyans as under government
influence, was facing pressure to set out arguments
“I am happy to be Kenyan today,” said Mr. Odinga, a
that would persuade people on either side, said Mr.
former prime minister now in his fourth run for the
Omondi, the country director for the National
presidency. “It is a historic day for the people of Kenya,
Democratic Institute.
and by extension the people of Africa.”
The case was an opportunity for the judiciary to truly
“This is a precedent-setting ruling,” he said, adding
show its independence, he added, especially after it
that it was the first time in the history of African
came under intense criticism for mishandling a similar
democratization that “a ruling has been made by a
petition by Mr. Odinga in 2013, which the presiding
court nullifying irregular presidential elections.”
judge alluded to on Friday at the start of his remarks.
Mr. Odinga said that his team planned to take
members of the electoral commission to court, saying
The election controversy hinged on two paper forms
that they had “committed a criminal act” and belonged
that legally validate the ballots — one from each of the
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