Kenya’s former prime minister and opposition leader Raila Odinga filed a challenge Monday with the country’s Supreme Court against election results that saw him lose the presidency by a slim margin.
Odinga led supporters of his political coalition and lawyers armed with thousands of documents to the court in central Nairobi, where they submitted their request asking the Supreme Court to overturn election that made William Ruto president-elect.
Speaking after filing the petition, Odinga said the country’s electoral system was compromised.
“Kenyans and those who followed our campaigns will recall fighting and ending corruption in Kenya was a core agenda throughout our campaign as Azimio la Umoja, One Kenya Coalition Party,” Odinga said. “The presidential results announced last week represent the continuing struggle pitting the forces for democracy and good governance against the corruption cartels that are so determined that they will stop at nothing to take control of the government and this country.”
Odinga’s legal team filed documents they say will show the August 9 presidential election was rigged in favor of Ruto, who in the official results garnered 7.1 million votes, compared to 6.9 million for Odinga.
One of Odinga’s lawyers, James Orengo, expressed confidence in having successful days ahead in court.
“I have participated in many petitions,” he said. “This one, I can tell you, is a bombshell and we have so many smoking guns and I think at the conclusion of this petition, you are going to have a determination in favor of Raila Amolo Odinga.”
Odinga accused the electoral commission of electoral offenses and malpractices.
“The corruption cartels are prepared to compromise the electoral system, bribe electoral officials, make the security system look the other way or even kill in order to find their way to power and their ill-gotten wealth and continue stealing from the public,” Odinga said. “We believe this is what happened in this election.”
The electoral commission and President-elect Ruto will have four days to respond to the allegations leveled against them.
Hundreds of supporters cheered as dozens of boxes of evidence were unloaded from a truck outside the court.
“We have hopes that we have made a good case and will win,” Daniel Maanzo, a member of Odinga’s legal team, told AFP.
Although polling day passed off peacefully, the announcement of the results a week ago sparked angry protests in some Odinga strongholds and there are fears that a drawn-out dispute may lead to violence in a country with a history of post-poll unrest.
Since 2002, every presidential election in Kenya has triggered a dispute, with this year’s outcome also causing a rift within the Independent Electoral and Boundaries Commission (IEBC) which oversaw the poll.
Odinga, who was making his fifth bid for the top job, said last week that the figures announced by the IEBC were “null and void and must be quashed by a court of law”.
According to a copy of the 72-page petition seen by AFP, Odinga’s team alleges that IEBC chairman Wafula Chebukati failed to tally around 140,000 votes.
As a result, Ruto “did not meet the constitutional threshold of 50% plus 1 of the valid votes cast” — a requirement for him to be declared the winner.
Judges now have 14 days to issue a ruling. If they order an annulment, a new vote must be held within 60 days.
– ‘We want justice’ –
Odinga supporters began gathering outside the court hours before his arrival, blowing whistles and waving placards reading “Electoral Justice Now!” and “We want justice now”.
Kenya’s defeated presidential candidate Raila Odinga filed a petition to the country’s top court on Monday challenging the result of the August 9 election that handed victory to his rival William Ruto.
Odinga, a veteran opposition leader who ran with the backing of President Uhuru Kenyatta and the ruling party, has rejected the outcome of the poll, branding it a “travesty.”
He narrowly lost to Ruto by around 230,000 votes — less than two percentage points.
The 77-year-old politician filed a physical copy of the petition with barely an hour to go before the court’s 2 pm (1100 GMT) deadline for accepting the case. An online copy was filed earlier in the day, according to a member of his legal team.
Hundreds of supporters cheered as dozens of boxes of evidence were unloaded from a truck outside the court.
“We have hopes that we have made a good case and will win,” Daniel Maanzo, a member of Odinga’s legal team, told AFP.
Although polling day passed off peacefully, the announcement of the results a week ago sparked angry protests in some Odinga strongholds and there are fears that a drawn-out dispute may lead to violence in a country with a history of post-poll unrest.
Since 2002, every presidential election in Kenya has triggered a dispute, with this year’s outcome also causing a rift within the Independent Electoral and Boundaries Commission (IEBC) which oversaw the poll.
Odinga, who was making his fifth bid for the top job, said last week that the figures announced by the IEBC were “null and void and must be quashed by a court of law”.
According to a copy of the 72-page petition seen by AFP, Odinga’s team alleges that IEBC chairman Wafula Chebukati failed to tally around 140,000 votes.
As a result, Ruto “did not meet the constitutional threshold of 50% plus 1 of the valid votes cast” — a requirement for him to be declared the winner.
Judges now have 14 days to issue a ruling. If they order an annulment, a new vote must be held within 60 days.
– ‘We want justice’ –
Odinga supporters began gathering outside the court hours before his arrival, blowing whistles and waving placards reading “Electoral Justice Now!” and “We want justice now”.
“Odinga must win so that we get the 6,000 shillings ($50) promised in his manifesto,” said one man, wearing a crown made with plants who was referring to a monthly cash handout for vulnerable households.
Another man — armed with a Bible and wearing huge green glasses — knelt down in prayer as police guarded the court premises.
Judges are also expected to consider other challenges against the result, with a court clerk telling reporters the tribunal had already received two petitions filed by a voter and a non-profit organisation.
The IEBC was under heavy pressure to deliver a clean vote after facing sharp criticism over its handling of the August 2017 election, which was also challenged by Odinga.
The court annulled that election in a first for Africa and ordered a re-run which was boycotted by Odinga. Dozens of people died during a police crackdown on protests.
In a shock development shortly before the results of this year’s poll were announced, four of the IEBC’s seven commissioners accused chairman Chebukati of running an “opaque” operation and later said the numbers did not add up.
Chebukati dismissed the claims, insisting he had carried out his duties according to the law of the land despite “intimidation and harassment”.
– Divided opinion –
Legal experts are divided on whether Chebukati needed the commissioners’ backing to announce the results, with constitutional lawyer Charles Kanjama telling AFP there was “some ambiguity” surrounding the issue.
Odinga has previously said he was cheated of victory in the 2007, 2013 and 2017 elections, and the poll’s aftermath is being keenly watched as a test of democratic maturity in the East African powerhouse.
On the campaign trail, both frontrunners pledged to resolve any disputes in court rather than on the streets.
Since the results were declared, Odinga has commended his supporters for “remaining calm” while Ruto has taken a conciliatory tone and promised to “work with all leaders”.
Kenya’s worst electoral violence occurred after the 2007 vote, when more than 1,100 people died in politically motivated clashes involving rival tribes.
If the Supreme Court upholds the results, Ruto will become Kenya’s fifth president since independence from Britain in 1963, taking over the reins of a country battling surging inflation, high unemployment and a crippling drought.
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