Kenya's Supreme Court upheld the result of the disputed presidential election
in a ruling delivered in Nairobi today, clearing the way for Uhuru Kenyatta
to take power.
Riot police walk past a bonfire lit by Odinga supporters Photo: Reuters
A policeman attempts to disperse rioters Photo: AFP
Police extinguish fire set by Raila Odinga's supporters in Kondele, Kisumu Photo: AP
Supporters of losing presidential candidate Raila Odinga Photo: AP
Mr Kenyatta is expected to be sworn in on 9 April Photo: EPA
2:22PM GMT 30 Mar 2013
Mr Kenyatta, who is facing charges of crimes against humanity at the International Criminal Court, will now be sworn in as president of the East African nation, following a judgement that is likely to sharply divide opinion across the country.
Kenya's Chief Justice Willy Mutunga announced amid beefed up security in the capital that the elections had been "free, fair, transparent and credible".
"It is now for the Kenyan people, their leaders, civil society, the private sector and the media to discharge (their duty), to ensure that the unity, peace, sovereignty and prosperity of the nation is preserved," he added.
The case challenging the election results was brought by Mr Kenyatta's chief rival Raila Odinga, prime minister and third-time presidential challenger.
Mr Odinga said he would abide by the court's ruling and wished Mr Kenyatta well.
Kenya's Supreme Court upholds Uhuru
Kenyatta's election win (AP)
There was a heavy police presence
surrounding the courthouse on Saturday, with water cannon trucks stationed a
few blocks away as several hundred members of the general public waited for the
result in the pouring rain.
A small group of supporters of Mr
Odinga's Cord (Coalition for Reforms and Democracy) had gathered in front of
the court before the announcement, dancing in the street and chanting slogans
whilst blocked by a police cordon.
As people dispersed running through
the city centre after the result was announced, police fired several tear gas
canisters. Calm returned to the streets shortly afterwards.
Protests erupted in the city of
Kisumu, the regional capital of Mr Odinga's strongholds in western Kenya.
Supporters of Mr Odinga reportedly began erecting barricades along streets in
the city centre immediately after the ruling was announced.
Mr Odinga as he accepts the Supreme
Court ruling upholding the election result (AP)
Mr Odinga has repeatedly called on
his backers to remain calm. He also stressed the importance of Kenya's
"new independent judiciary", which had been criticised as partial and
corrupt in the past.
Kenyans have waited anxiously for
nearly four weeks for a definitive outcome to the March 4 general election, the
first since violence after a 2007 poll left more than 1,100 people dead.
The country's electoral commission
declared Mr Kenyatta winner on March 9 following a nail-biting tallying process
that were marred by technical hitches and allegations of irregularities. He
received 50.07 percent of the vote, just edging him across the 50 percent
needed to avoid a run-off.
But two weeks ago a legal team for
Mr Odinga filed a petition calling on the Supreme Court to declare the election
null and void.
Mr Odinga, who received 43.31
percent of 12.3 million votes cast in the presidential contest, alleged
"rampant illegality" in the electoral process soon after the results
were announced.
Kenyan police chase a group of
Odinga supporters after they smashed shop windows in protest (AP)
A civil society group, the Africa
Centre for Open Governance, also brought a case challenging the election
results, while third petition was filed contesting the status of
"rejected" votes in the count.
The six judges of Kenya's highest
court used the maximum 14 days they are allowed constitutionally to hear the
presidential petitions.
The Supreme Court ordered a
re-tallying of results from a handful of polling stations, while court
officials also scrutinised returns from 18,000 of some 33,000 polling stations.
Discrepancies in some results were
confirmed by the Supreme Court's recount, whilst electoral forms were found to
be missing or incomplete in several constituencies.
Mr Kenyatta's lawyer acknowledged
the discrepancies, dismissing them as "one or two clerical errors".
But Mr Odinga's lawyer George Oraro
described the discrepancies as "grave errors", especially given that
the slim margin of just over 8,000 votes with which Mr Kenyatta, representing
the Jubilee coalition, crossed the 50 percent threshold.
A lawyer acting for Issack Hassan,
chair of the Independent Electoral Boundaries Commission, who was also sued in
Mr Odinga's petition, defended the election as credible.
A supporter of Uhuru Kenyatta kisses
a T-shirt bearing his name (EPA)
Kenyan voters turned out in large
numbers on March 4, defying fears of violence to vote in a largely peaceful
poll that was commended by international and domestic observers.
The country waited patiently despite
problems with the count, including the rapid breakdown of an electronic results
transmission system that has been designed to cross-check the manual vote count
and protect against manipulation.
Violence erupted following the 2007
election, largely along ethnic lines, provoked by the re-election of incumbent
president Mwak Kibaki in a vote marred by irregularities.
International Criminal Court (ICC)
prosecutors allege that Mr Kenyatta, one of Kenya's richest men and son of the
country's founding president, orchestrated aspects of those clashes. His deputy
president-elect William Ruto faces similar charges in a similar case.
Kenyan policemen keep vigil while
Odinga supporters demonstrate (AFP)
During the election campaign,
concerns were raised about how Mr Kenyatta would lead a government whilst also
defending himself at The Hague.
Britain and Kenya's other leading
donors now must negotiate how they deal with Kenya, a key regional ally. Britain
warned before the vote that it would deal with ICC indictee Mr Kenyatta only on
"essential business".
Both Britain and the US issued
travel advisories warning their citizens of possible reactions to the Supreme
Court ruling and to avoid large gatherings.
Mr Kenyatta is expected to be sworn
in on 9 April.