August 31, 2017
A court in Kenya nullified the results of the recent presidential election, ordering a new vote within 60 days, marking the first time a judicial body in Africa overturned a presidential election.
Nairobi, Kenya | Kenyan Supreme Court
On August 31, 2017, the Supreme Court of Kenya made an unprecedented decision by nullifying the results of the country’s recent presidential election. The court, led by Chief Justice David Maraga, ordered a new vote to be held within 60 days. This landmark ruling marked the first time a judicial body in Africa overturned a presidential election, setting a significant precedent for the governance of democratic processes across the continent.
The presidential election in question took place on August 8, 2017. The incumbent, President Uhuru Kenyatta, was declared the winner, having garnered approximately 54% of the vote, while his main opponent, Raila Odinga, received about 45%. Odinga and his party, the National Super Alliance (NASA), refused to concede, citing irregularities and instances of electoral fraud.
The Supreme Court’s decision was primarily based on findings of irregularities and illegalities in the conduct of the election, particularly in the electronic transmission of results. The judges highlighted failures in the electoral process that they deemed had been significant enough to undermine the integrity of the election. These included issues with the Kenya Integrated Election Management System (KIEMS), which was responsible for the electronic transmission of results. The court noted that these problems compromised the entire election process.
The ruling was met with a mix of acclaim and controversy both domestically and internationally. For supporters of the judicial process, the decision was a victory for democracy and the rule of law in Kenya. It empowered judicial bodies across Africa and demonstrated the crucial role of legal institutions in electoral processes.
The directive for a new election within 60 days meant that the country had to rapidly prepare for a repeat of the voting process. This led to intense political activity and debate, with heightened tensions between supporters of Kenyatta and Odinga.
On October 26, 2017, the repeat presidential election was held. President Uhuru Kenyatta emerged victorious once again, receiving 98% of the votes, though the turnout was significantly lower, with Odinga boycotting the re-run, citing insufficient reforms to the electoral commission.
The 2017 annulment by Kenya’s Supreme Court symbolized a pivotal moment in the country’s democratic evolution and had broader implications for judicial independence in Africa. It underscored the importance of transparent and credible electoral processes and signaled to many African nations the vital role that courts can play in upholding democratic principles.
Source: www.aljazeera.com