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Kenya opposition leader files court challenge to election result

Michael Sanders by Michael Sanders
09/01/2022
in World
Kenya opposition leader files court challenge to election result
45
VIEWS

Kenya’s veteran opposition leader Raila Odinga has filed a challenge to the results of this month’s presidential election in the supreme court, sharpening a political clash that has gripped the east Africn country.

“What we did this morning is to file the online copy,” the lawyer Daniel Maanzo told a Kenyan television channel. “After today there will be four days for the other parties to reply.”

A source at the judiciary confirmed they had received a copy of the file.

Last week the election commissioner declared that the deputy president, William Ruto, had won the election by a slim margin, but four out of seven election commissioners dissented, saying the tallying of results had not been transparent.

Last week Odinga said the results were a “travesty” but said he would settle the dispute in court and urged supporters to remain peaceful.

This is Odinga’s fifth stab at the presidency; he blamed several previous losses on rigging. Those disputes triggered violence that claimed more than 100 lives in 2017 and more than 1,200 in 2007.

In 2017 the supreme court overturned the election result and ordered a rerun, which Odinga boycotted, saying he had no faith in the election commission.

This time, Odinga is backed by the political establishment. President Uhuru Kenyatta endorsed Odinga’s candidacy after falling out with Ruto after the last election.

At stake is control of east Africa’s wealthiest and most stable country, home to regional headquarters for firms such as General Electric, Google and Uber. Kenya provides peacekeepers for neighbouring Somalia and frequently hosts peace talks for other countries in the turbulent region.

The case will be heard by the seven-member supreme court and presided over by Martha Koome, Kenya’s first female chief justice, who was appointed by Kenyatta last year.

The court will next conduct a status conference with all parties to define the hearing schedule and ground rules. The constitution requires judges to issue their decision within 14 days of the lawsuit being filed.

Owing to the tight schedule, the court normally issues a summary judgment within 14 days, followed by more thorough decisions from each of the seven judges at a later date.

One week ago the electoral commission chair, Wafula Chebukati, declared Ruto the winner with 50.49% of the vote against Odinga’s 48.5%.

But minutes earlier his deputy, Juliana Cherera, had told media at a separate location that she and three other commissioners disowned the results. She said the elections had been conducted in a proper manner – and most international observers agreed – but that results were erroneously aggregated.

Public confusion reigned over the tallying after the Kenyan media suspended a count of 46,229 polling station-level results with about 80% of the vote counted.

The election commission’s website still does not display the correct forms for all 291 constituencies. In some cases, the form is incomplete or only partially loaded, making it impossible for the public to confirm the commission’s count.

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