Kenya’s nullified election: Is it a disguised ‘scramble for Africa?’

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Raila Odinga (l) Uhuru Kenyatta

By Justin Mupundu

Kenya’s Supreme Court ruling that nullified Uhuru Kenyatta’s victory alleging was marred with irregularities is flawed.

President Kenyatta was re-elected with 8.3 million votes or 54 percent of the vote, beating his closest rival National Super Alliance (NASA)’s Raila Odinga who polled 6.8 million or 45 percent of the vote.

Kenya holds six elections at the same time: Presidential, Governorship, Women Representatives, Senatorial, Parliamentary and National Assembly.

The voter turnout was about 15,181,540 million or 80 percent of the 19,611,423 million registered voters.

One scoops the presidency with 50 percent plus one vote and at least 25 percent votes in half of Kenya’s 47 counties.

Kenyatta’s Jubilee Alliance party won in over 29 counties.

Kenya has a bicameral system: 350-Member National Assembly, and 68-Member Senate.

About 290 Members of Parliament are elected via a single constituency-list, and 47 seats are reserved for Women and youth in the 47 counties.

But the Supreme Court‘s landmark judgment, which is Africa’s first epoch-making decision that nullified election, raises more questions than answers:

What was the four out of six judges’ evidence –in-chief in that verdict? Is it the judges’ selfish agenda that was used as evidence-in-chief?  Or is it the petitioners’ or the losing presidential candidate NASA’s Odinga’s evidence? Or is it the evidence of the majority stakeholders that participated in the process of monitoring polls? Or how transparent is Kenya’s elections managed by that country’s Independent Electoral and Boundaries Commission (IEBC)? Or is it a disguised foreign rich business- empire’s re-emerging ‘Scramble for Africa?’

The Supreme Court‘s decision to nullify Kenyatta’s victory was anchored on assumptions, and not sound judgment.

This explains why judges are not competent in handling election petition cases: The four judges led by Chief Justice David Maranga unprofessionally handled the election petition.

First and foremost, the magnitude of the alleged irregularities that marred Kenya’s polls (held on August 8) did not compromise the election results.

The evidence –in-chief is the Presidential Election Returning Officer’s testimony, an official that declared Kenyatta’s victory: But this essential ingredient in the Supreme Court verdict was missing!

Secondly, opposition political parties in Africa are suffering from an ‘Election –rigging infra-image’: Not ready to concede defeat gracefully because of their hard line attitude towards elections.

Thirdly, It’s public knowledge that evidence can be manufactured: IEBC’s electronic system hacking claims by the opposition leader, Odinga, are false. Similarly; fraud claims of verified presidential election results without the stipulated 34A forms are baseless: In case of the absence of 34 A forms, the electoral body compared results captured by all stakeholders.

Fourthly, the Supreme Court ruling questioned both local election monitors and international observers: How did they declare elections transparent, free and fair that was allegedly marred with irregularities?

There is no reason to doubt the local and international observers’ assessment of the Kenyan election.

The local and international election observers were physically present in the field and examined the entire electoral process: Preparation of polls, voting, votes counting, announcement of election results, verified election results, and declaration of the winner.

Further, Parallel Voter Tabulation (PVT), which was independently conducted by a consortium of Churches and faith -based organizations, tenders credible evince.

But there are better reasons to question the Supreme Court‘s judgment: How the four judges nullified election declared transparent, free and fair by the majority stakeholders?

The Supreme Court judges, unlike the local monitors and international observers that were physically present in the field, sat in the Court room listening to the evidence submitted to them by an aggrieved person.

Kenyan election, although marred with minor irregularities, are conducted in a transparent, free and fair manner.

Kenya’s case is not different from Zambia’s.

A cartel, in unholy alliance with foreign rich business- empire, have schemed a crusade to erode people’s confidence in Africa’s electoral bodies.

The cartel is using various governance institutions, including Courts of law, in a scheme orchestrated to impose their puppet President: Means to re-gain control of Africa’s mineral rights.

Kenyan judges acted out of pressure from invisible forces that paid for their judgment: A calculated scheme to’ smuggle’ in imperialism in Africa.

Kenya’s nullified election is an eye-opener to the African continent’s re-emerging “Scramble for Africa” disguised in election disputes.

Therefore, there is need for African governments to explore innovative ways to verify the accuracy of presidential election results than election petitions: Develops an electoral system that verifies presidential election results without adducing evidence from petitioners.

Meanwhile, Kenyatta should file an application for judicial review of the case to expose the judges’ selfish agenda.

The author is a media consultant and political analyst

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5 Responses to Kenya’s nullified election: Is it a disguised ‘scramble for Africa?’

  1. Mpundu is defending the indefensible.The Kenyan Supreme Court(SC) found that the Kenyan Electoral Commission(EIBC) committed numerous irregularities and illegalities rendering the Election Invalid,Null and Void.To make matters worse EIBC disobeyed SC order by refusing to allow the Petitioners ICT Experts to check and verify if the EIBC Computer Servers were hacked or not.In Zambia ECZ committed more irregularities and illegalities than in Kenya hence Lungu has blocked the Petition Hearing to protect ECZ.With Emmanuel Chavula caught in the ECZ Server Room manipulating election figures in favour of ECL, Lungu refusing to resign and handover Power to the Speaker of Parliament during the Petition Hearing,No gen12 certificates to back the Election Results etc.The 2016 Election in Zambia was a Fraud. The Kenyan precedent has shown that once the Election is petitioned the ECZ Certificate given to the President Elect is automatically nullified and Concourt should have ordered Lungu to handover Power to the Speaker.After hearing,determining the Petition Concourt should have declared Lungu the Winner of the 2016 Election.Concourt should have given Lungu a Validation Certificate to enable him to be sworn in by the Chief Justice.All these procedures were not followed which makes Lungu truly an illegitimate President who is in State House illegally.The Kenyan precedent has confirmed that Foreign Election Observers’opinions cannot validate an Election.It is the Electoral Court’s Verdict and Validation Certificate that matters most.#Let the Petition be heard in Court without fail.

    Zuli
    September 22, 2017 at 5:27 am
    Reply

  2. Mmmmmmm! Ba Mupundu. If I were you or you were a little wiser, I wouldn’t / you wouldn’t comment on issues you have no understanding based on your typical PF analysis. Confine this kind of analysis to the silly Zambian politics especially with the likes of bene Sunday Chanda, Fr Bwalya, Emmanuel Mwamba, etc. Kenya as shown from this nullification of the presidential election is too advanced for your thinking type.

    Checkmate
    September 23, 2017 at 9:01 pm
    Reply

  3. Kenya supreme court judges are corrupt.
    Kenyatta will win again

    Mimbulu
    September 25, 2017 at 12:10 pm
    Reply

  4. The institutions own the election process on behalf of the people…let the election happen again…..the people are ready to vote…

    kay1
    September 27, 2017 at 6:43 am
    Reply

  5. Mpundu has analyzed clearly the real situation in Kenya. The evidence presented were too low to qualify for an election petition. It was issue to do with forms not signed, some forms not stamped, etc. In the real sense all these administrative gaps did not impact in any way the will of the people.Its really absurd that 4 people sitting in a room can decide to overturn the will of people.

    Thomas
    September 27, 2017 at 11:42 am
    Reply

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