Election Board Fears Curb Kenya Opposition Delight
Odinga demands clearout of commission before October revote
Kenyan court nullifies result of presidential vote
by John Aglionby in Nairobi
Financial Times
September 3, 2017
Solomon Okombo has barely slept from excitement since Kenya’s supreme court made African history by nullifying the result of last month’s presidential election and ordered a new vote.
“This is our chance to right so many wrongs,” said the computer programmer and self-declared “fanatical follower” of veteran opposition leader Raila Odinga. “For the last three elections we’ve been denied victory by rigging. We can’t lose this time.”
Mr Odinga led the legal challenge to August 8 elections after coming a distant second to President Uhuru Kenyatta in the presidential poll, alleging massive rigging. After his appeal was upheld, Kenyans will return to the polls before October 31, giving Mr Odinga another shot at the east African nation’s top job.
But the opposition’s jubilation at the court ruling on Friday is tempered by fears that corruption within the electoral commission will prevent the next vote being free and fair. In its ruling, the court said the commission had “failed, neglected or refused to conduct the presidential election in a manner consistent with the dictates of the constitution”.
“We can’t trust the crooks to become clean overnight,” said Samuel Akello, friend of Mr Okombo. “They’ve got to go if we want a credible process.”
What measures are taken within the commission ahead of the next poll is now shaping up to be one of the critical battlegrounds between the opposition and the government.
Mr Odinga, who will be contesting his fifth presidential election, has demanded a clearout of the commission, saying all those responsible for what the court described as “illegalities” and “irregularities” should be jailed.
Ekuru Aukot, who ran as an independent candidate last month, said it was “untenable” for Wafula Chebukati, the commission’s chair, to be allowed to oversee the ballot. “You cannot have a thief who just stole your property to be allowed to protect it,” he said.
But Mr Kenyatta, who was hoping to begin his second term, says the commission should be retained and allowed to work unhindered. Instead, he hit out at the supreme court judges. On Saturday the president branded David Maraga, the chief justice and his colleagues, “crooks” and promised to “fix” the judiciary if he wins.
Mr Chebukati, the commission chair, has promised changes to “personnel and processes” once the judges’ ruling is published later this month and to support prosecutors investigating electoral fraud.
But he has refused to resign, citing the judges’ ruling that the commission should run the next election.
Analysts say the fact that a new election has to be held within 60 days means there is unlikely to be sufficient time to replace the commissioners. But they add that senior people in the agency’s secretariat are likely to be removed.
“What’s got to count is the votes, not the people counting the votes,” said Dismas Mokua, a political analyst. “The commission will have to be in charge but everyone will have to make sure they do their job right this time.”
The composition of the electoral commission has long been a contentious issue in a country with a history of disputed and often violent polls.
The current commissioners have only been in place for nine months after a wave of opposition street protests over alleged bias at the body triggered the ousting of their predecessors. But most of the senior and mid-level managers were retained, fuelling opposition fears of bias towards Mr Kenyatta.
Preparations were also hampered by complaints over a lack of transparency in procurement at the commission. The murder of Chris Msando, the body’s IT director, only days before polling, heightened concerns about the potential for rigging.
The commission’s electronic voting and counting system has also come under scrutiny, with Mr Odinga alleging that it was hacked to manipulate the results in favour of the incumbent. He has also alleged that many results forms were forged, saying that according to the opposition’s tally he would have won the election by some 1.5m, rather than Mr Kenyatta winning by 1.4m votes as the commission declared.
The court’s ruling on Friday contrasts with a similar appeal after a disputed 2013 election when the supreme court upheld the result, which saw Mr Kenyatta beat Mr Odinga by a small margin. The 2007 poll was considered so flawed it triggered widespread violence that left about 1,200 people dead and resulted in the formation of a government of national unity.
Mr Okombo and Mr Akello, the opposition supporters, are convinced that Mr Odinga will win if the process is free and fair.
“He’s got the support, he will win, I’m certain,” Mr Okombo said.
Mr Kenyatta’s supporters are equally confident of success. They cite the fact that the judges did not rule that the malpractice would have changed the result and point to the success of Mr Kenyatta’s Jubilee party in the parliamentary and local elections that were held on the same day.
“We won the first time and we will win again as long as it’s peaceful,” said Simon Ngugi, a teacher in Kiambu, Mr Kenyatta’s home county.
Kenyan court nullifies result of presidential vote
by John Aglionby in Nairobi
Financial Times
September 3, 2017
Solomon Okombo has barely slept from excitement since Kenya’s supreme court made African history by nullifying the result of last month’s presidential election and ordered a new vote.
“This is our chance to right so many wrongs,” said the computer programmer and self-declared “fanatical follower” of veteran opposition leader Raila Odinga. “For the last three elections we’ve been denied victory by rigging. We can’t lose this time.”
Mr Odinga led the legal challenge to August 8 elections after coming a distant second to President Uhuru Kenyatta in the presidential poll, alleging massive rigging. After his appeal was upheld, Kenyans will return to the polls before October 31, giving Mr Odinga another shot at the east African nation’s top job.
But the opposition’s jubilation at the court ruling on Friday is tempered by fears that corruption within the electoral commission will prevent the next vote being free and fair. In its ruling, the court said the commission had “failed, neglected or refused to conduct the presidential election in a manner consistent with the dictates of the constitution”.
“We can’t trust the crooks to become clean overnight,” said Samuel Akello, friend of Mr Okombo. “They’ve got to go if we want a credible process.”
What measures are taken within the commission ahead of the next poll is now shaping up to be one of the critical battlegrounds between the opposition and the government.
Mr Odinga, who will be contesting his fifth presidential election, has demanded a clearout of the commission, saying all those responsible for what the court described as “illegalities” and “irregularities” should be jailed.
Ekuru Aukot, who ran as an independent candidate last month, said it was “untenable” for Wafula Chebukati, the commission’s chair, to be allowed to oversee the ballot. “You cannot have a thief who just stole your property to be allowed to protect it,” he said.
But Mr Kenyatta, who was hoping to begin his second term, says the commission should be retained and allowed to work unhindered. Instead, he hit out at the supreme court judges. On Saturday the president branded David Maraga, the chief justice and his colleagues, “crooks” and promised to “fix” the judiciary if he wins.
Mr Chebukati, the commission chair, has promised changes to “personnel and processes” once the judges’ ruling is published later this month and to support prosecutors investigating electoral fraud.
But he has refused to resign, citing the judges’ ruling that the commission should run the next election.
Analysts say the fact that a new election has to be held within 60 days means there is unlikely to be sufficient time to replace the commissioners. But they add that senior people in the agency’s secretariat are likely to be removed.
“What’s got to count is the votes, not the people counting the votes,” said Dismas Mokua, a political analyst. “The commission will have to be in charge but everyone will have to make sure they do their job right this time.”
The composition of the electoral commission has long been a contentious issue in a country with a history of disputed and often violent polls.
The current commissioners have only been in place for nine months after a wave of opposition street protests over alleged bias at the body triggered the ousting of their predecessors. But most of the senior and mid-level managers were retained, fuelling opposition fears of bias towards Mr Kenyatta.
Preparations were also hampered by complaints over a lack of transparency in procurement at the commission. The murder of Chris Msando, the body’s IT director, only days before polling, heightened concerns about the potential for rigging.
The commission’s electronic voting and counting system has also come under scrutiny, with Mr Odinga alleging that it was hacked to manipulate the results in favour of the incumbent. He has also alleged that many results forms were forged, saying that according to the opposition’s tally he would have won the election by some 1.5m, rather than Mr Kenyatta winning by 1.4m votes as the commission declared.
The court’s ruling on Friday contrasts with a similar appeal after a disputed 2013 election when the supreme court upheld the result, which saw Mr Kenyatta beat Mr Odinga by a small margin. The 2007 poll was considered so flawed it triggered widespread violence that left about 1,200 people dead and resulted in the formation of a government of national unity.
Mr Okombo and Mr Akello, the opposition supporters, are convinced that Mr Odinga will win if the process is free and fair.
“He’s got the support, he will win, I’m certain,” Mr Okombo said.
Mr Kenyatta’s supporters are equally confident of success. They cite the fact that the judges did not rule that the malpractice would have changed the result and point to the success of Mr Kenyatta’s Jubilee party in the parliamentary and local elections that were held on the same day.
“We won the first time and we will win again as long as it’s peaceful,” said Simon Ngugi, a teacher in Kiambu, Mr Kenyatta’s home county.
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