Kenya's Supreme Court upholds Uhuru Kenyatta's election win

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.