Kenya Supreme Court makes history, annuls country presidential election

In an unprecedented judgment in the history of election in Africa, Kenya Supreme Court on Friday made history when it annulled the August 8, 2017 re-election of incumbent President Uhuru Kenyatta over irregularities and violations of the provisions of the Kenya Constitution.

The country apex court in a split decision of four to two also ordered the electoral body the Independent Electoral and Boundaries Commission (IEBC), to conduct fresh elections within 60 days.

This decision is the first time an apex court in Africa will annul the election of a sitting President. The electoral body (IEBC) had earlier declared Kenyatta winner with 54.27 percent of the total votes.

The development later led to two days of demonstrations and riots in the slums of Nairobi and Kisumu, traditional opposition strongholds.

The Agency France Presse (AFP) reported that at least 21 people, including a baby and a nine-year-old girl, were killed, mostly by police during the violence while 1,100 people also lost their lives after the August election.

In a novel judgment, four out of six justices of Kenya Supreme Court declared that Kenyatta’s election was marred with irregularities.

In a decision by the panel of six judges, with two dissenting, the Chief Justice of the Court, David Maraga, held that Kenyatta “was not validly elected”, rendering the result “invalid, null and void”. Maraga said the election commission (IEBC) “failed, neglected or refused to conduct the presidential election in a manner consistent with the dictates of the constitution”.

He added that the panel of justices had not yet had time to write a “reasoned and well-considered judgement” since hearings closed on Tuesday night, so he only read out the court decision, promising a full ruling later. But the judgment elicited joyous celebrations outside the court from the supporters of Odinga which they described as a rare political victory for the 72 years Raila Odinga.

Thousands of Odinga supporters flooded the streets of Nairobi’s Kibera slum which is his strongholds in the western city of Kisumu, celebrating in the streets, motorcycle drivers hooted their horns. But in a swift reaction, Kenyatta’s lawyer Ahmednassir Abdullahi, criticised the court’s decision as “very political”, but said they would “live with the consequences”.

However, Odinga, still savouring his victory from the court, has passed vote of no confidence on IEBC, maintaining that the present electoral body as constituted lacks the capacity and morality to conduct free, fair and credible rerun election.

Meanwhile, some senior lawyers Nigeria have reacted to the verdict, saying that Kenya apex court should be commended for its courage in annulling the election of President Kenyatta.

The lawyers: Sebastine Hon (SAN), Akindele Oluwaseyi (SAN), John Ali, Nkereuwem Akpan and Hammed Jimoh spoke during separate interviews with our correspondents on Friday. Sebastine Hon said: “I must congratulate the Kenyan people in particular and Africans in general for this feat.

Remember, the post-election violence was so determined and seemingly non-stoppable that we watchers knew something grave had gone wrong with the elections. “Recent happenings on the political landscape of Africa, including the defeat of a sitting President – Goodluck Jonathan – and his voluntary concession of defeat – all point to the fact that there is a positive upswing in African political thinking. “And with the pronouncement of the Kenyan Supreme Court, I think Africans are beginning to think out of the box now.

The trend is most welcome and should spread like wild harmattan fire across Africa. Oluwaseyi said: “I commend the Kenyan Supreme Court for this fearless and courageous verdict. In the history of most African countries where the third Arm of Government is cowed, this is an indication that the Kenyan Judiciary is functioning independently as it is ought to be.

“I commend the Kenyan judiciary, I commend it’s democracy and I commend the Kenyan people over this great feat”. John Ali said: “On a personal note, I am a bit disappointed in the process of the nullification because young persons in Africa sees Uhuru Keyantta and a model. However, the law has taken it course and I hope that African Nations will emulate the courage and tenacity of the Kenyan Judiciary”.

For Akpan, “It is a victory for democracy and the rule of law and that it is a pointer to the fact that the judiciary in Kenya is truly independent and the speed with which the decision was reached is truly commendable and the Nigerian judiciary should borrow a leaf from it.

“The fact that President Uhuru Kenyatta accepted the decision even though he disagreed with it shows that our politicians have come of age. In his own comment, Jimoh said that justices of the Supreme Court of Kenya have shown by their decision that they are courageous.

According to him, it takes courage for judges to state what the position of the law is particularly on high profile case such as the one in Kenya where an incumbent president is involved. He urged Kenyans and indeed Africans to support the decision of the apex court in Kenya.

Also commenting on the development in Kenya, an Abuja based legal practitioner, Daniel Bwala, noted that decisions of courts are determined by the facts before it, saying that it is possible that the case in Kenya was determined on its merit