Annulment of Kenya’s 2017 Presidential Election Results

On September 1, 2017, a landmark decision was made by Kenya’s Supreme Court when it annulled the results of the presidential election held on August 8, 2017. This unprecedented ruling was a significant moment in Kenya’s political history and had far-reaching implications for the country’s democratic processes.

Background

The 2017 presidential election in Kenya was a highly contested affair, primarily between the incumbent President Uhuru Kenyatta and his main challenger, Raila Odinga. Kenyatta was declared the winner with 54% of the vote, while Odinga received 44%. However, the opposition, led by Odinga, alleged widespread irregularities and illegalities in the electoral process.

Key Issues Leading to the Annulment

1. Irregularities and Illegalities: The Supreme Court found that the Independent Electoral and Boundaries Commission (IEBC) had committed irregularities and illegalities in the transmission of election results. The court noted that the electronic transmission of results was flawed and not conducted in accordance with the law.

2. Lack of Transparency: The court criticized the IEBC for failing to provide access to its computer servers, which was crucial for verifying the integrity of the election results.

3. Constitutional Violations: The ruling emphasized that the election process did not meet the constitutional requirement for a free, fair, and credible election.

The Supreme Court’s Decision

The Supreme Court, in a majority decision, declared the election results “invalid, null, and void.” It ordered that a new presidential election be held within 60 days. This decision marked the first time in Africa that a court had nullified the election of a sitting president.

Aftermath and Significance

• New Election: Following the court’s decision, a fresh election was scheduled for October 26, 2017. However, the lead-up to this election was marred by political tension and violence.

• Boycott by Opposition: Raila Odinga announced a boycott of the re-run election, citing a lack of electoral reforms and guarantees for a fair process. Consequently, Uhuru Kenyatta won the re-run with 98% of the vote, amid low voter turnout.

• Impact on Democracy: The annulment was hailed as a victory for judicial independence and democracy in Kenya. It underscored the importance of upholding electoral integrity and the rule of law.

• International Reaction: The decision was closely watched globally and was seen as a test of Kenya’s democratic institutions. It highlighted the role of the judiciary in safeguarding democratic processes.

In conclusion, the annulment of Kenya’s 2017 presidential election results was a pivotal moment that underscored the challenges and complexities of electoral democracy in the country. It demonstrated the judiciary’s crucial role in maintaining checks and balances within the political system.