After a bruising and noisy campaign, Kenyans
went to the polls in August to elect their president. According to the
pollsters, this was one of the closest elections. Millions voted peacefully,
and as always believed their voices would count.
As is their custom, election observer,
notably the European Union Observer Mission and the Carter Centre found the
election to be largely free and fair. Foreign missions were quick to
congratulate the people of Kenya for a peaceful election. The will of the
people was upheld and democracy was on the march.
Mr. Raila Odinga, leader
of the National Super Alliance (NASA), refused to concede defeat. Mr. Odinga
claimed the elections were rigged. Initially the leaders said they would not
file a petition at the Supreme Court to challenge the elections. A country with
a history of post-election violence was on edge again.
First forward, the opposition was persuaded
to file a petition to challenge the outcome of the presidential election. The
petition was premised on two critical issues. First, that presidential election
was not conducted in accordance with the principles laid down by the
constitution and the law relating to the elections. Second, there were
irregularities and illegalities committed in the conduct of the 2017 elections.
In a ruling that stunned the a nation and
the world, restored confidence in our courts and made law students and young
lawyers proud, Kenya’s Supreme Court declared the 2017 presidential election
invalid, null and void. Justice Maraga also declared that incumbent, Uhuru
Kenyatta, the third respondent to the petition was not validly declared
president, and hence the declaration by the Independent Electoral and
Boundaries Commission (IEBC) Chair was invalid, null and void.
The Supreme Court directed the Independent
Electoral and Boundaries Commission to organize and conduct a fresh
Presidential Election in strict conformity with the constitution and the
election laws within 60 days. “It is so ordered”, Justice David Maraga
declared.
First, Kenyans have very little faith in
public institutions. We don’t trust our justice system. The police and judges
have a price. Second, we are a society where corruption is neither immoral nor
criminal. Third, elections and politics are a zero-sum game.
The scale of the irregularities and
illegalities in the manner in which IEBC conducted the elections suggests that
Kenyan citizens, acting in their private and official capacity were
compromised. Bribes were given and taken. I have said that as a society we are
gravely deficient in trust, moral standing and integrity.
What has been revealed about the 2017
elections validates the disturbing findings of the Kenya youth survey. The
survey revealed that young Kenyans were highly inclined to corruption, rule violation
(impunity) and electoral fraud.
Ours is a case of a rotten barrel causing to
rot every new harvest of apples. We must reflect deeply on the words of Chief
Justice Maraga; “The greatness of a nation lies in its fidelity to its
institutions and strict adherence to the rule of the law, and above
all the fear of God.”
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