06 September 2017, The Tablet

Kenya bishops praise Supreme Court decision to nullify election vote


The bishops have said the decision enhances the strength of the country's institutions


Kenya bishops praise Supreme Court decision to nullify election vote

As Kenyans come to terms with a Supreme Court ruling that annulled the results of the 8 August Presidential elections, the country's Catholic bishops praised the ruling saying it mitigated all-out violence and enhanced the place of Kenya's institutions.

They have called for Kenyans to support the electoral commission in planning and executing new polls.

“We now urge all parties to support the commission to deliver on its constitutional mandate,” said Bishop Philip Anyolo, Kenya Conference of Catholic Bishops chairman at a news conference on 6 September.

On 1 September, Chief Justice David Maranga declared the election invalid and ordered a fresh election within 60 days. Four out of six supreme court judges ruled in favour of a petition filed by the opposition candidate, Raila Odinga, who claimed the electronic voting results were hacked and manipulated in favour of incumbent President, Uhuru Kenyatta.

Kenyatta had been declared the winner of the election on 11 August, with 54 per cent of the vote.

The judges said: “[The election commission] failed, neglected or refused to conduct the presidential election in a manner consistent with the dictates of the constitution.” They did not place blame on Kenyatta or his party.

Some observers fear the ruling - a first in Kenya - may further split the already divided country.

Facing stinging criticisms over their performance in handling the polls, the commission has also unveiled a new team to manage the election re-run and picked 17 October as the new date. Yet the opposition alliance, led by Odinga, has rejected the date and threatened to boycott the polls.

The development has alarmed the bishops who insist the electoral commission (IEBC) should be supported and aided in their running a credible election.

“We urge Kenyans to find a constructive way of dealing with the challenges the IEBC is facing and stop attacking the institution,” said Anyolo.

Since the ruling, disputes have ignited with Odinga demanding an overhaul of the commission, which he says had bungled the peaceful election and denied him victory.

However, the bishops said, while they supported the call for essential administrative, procedural and operational reforms that may be needed, dialogue was the best way to progress.

“We urge IEBC to be highly consultative and transparent in its preparation for the coming presidential elections,” said Anyolo.

The bishops have since offered themselves – alongside other religious leaders- to facilitate talks that will help build consensus and confidence in the processes towards the new polls.

Shortly after the Supreme Court ruling, Kenyatta said he regretted that “six people have decided they will go against the will of the people” but said that he would not dispute the judgment. “The court has made its decision. We respect it. We don’t agree with it. And again, I say peace … peace, peace, peace. That is the nature of democracy.”

As supporters of the opposition party took to the streets in celebration, Odinga said the court had set an “exceptional example for all of Africa”. “Our judiciary now knows they have the power,” he said. “We thank the supreme court for standing up for the truth,” he added. 

Concerns were raised before the election when the official who oversaw the electronic voting system was found murdered with clear signs of having been tortured just days before the vote. The electoral commission said there was a failed attempt to hack the system as votes were being counted and compiled.

Veteran presidential candidate, Odinga, has contested, and lost, the last three elections. His claims of vote rigging in the 2007 elections prompted rioting and the worst ethnic violence in the country for decades. About 1,200 people were killed and thousands more forced to flee their homes. 

In 2013, Odinga claimed the election was rigged and took his case to the supreme court, but lost.

Ambassadors in Kenya - including the US and the UK - released a joint statement praising the court's decision. 

"The Court’s independent review has demonstrated Kenya’s resilient democracy and commitment to the rule of law," they wrote. "The Kenyan people showed patience and confidence as the legal case ran its course."

PICTURE: Supporters of opposition leader Raila Odinga celebrate along the streets after President Uhuru Kenyatta's election win was declared invalid by a court in Mombasa, Kenya, 1 September 

 

 

 

 


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