Kenyan court scraps presidential vote

NAIROBI--Kenya's Supreme Court on Friday nullified President Uhuru Kenyatta's election win, citing irregularities, and ordered a new poll within 60 days, an unprecedented move in Africa where governments often hold sway over judges.


The ruling, broadcast to a stunned nation on television, sets up a new race between Kenyatta, 55, and veteran opponent Raila Odinga, 72.
Kenyatta called for calm and respect for the ruling and said he would run again in a televised speech. But he later struck a more combative note, criticising the court for ignoring the will of the people and dismissing the chief justice's colleagues as "wakora" (crooks).
In Odinga's western heartland, cheering supporters paraded through the streets chanting and waving tree branches.
Kenya, a U.S. ally in the fight against Islamists and a trade gateway to East Africa, has a history of disputed votes. A row over a 2007 poll, which Odinga challenged after being declared loser, was followed by weeks of ethnic bloodshed that killed more than 1,200 people. Kenya's economy, the biggest in the region, slid into recession and neighbouring economies wobbled.
Chief Justice David Maraga announced the Supreme Court's verdict that was backed by four of the six judges, saying the declaration of Kenyatta's victory was "invalid, null and void". Details of the ruling will be released within 21 days.
In the court room, a grinning Odinga pumped his fist in the air. Outside, shares plummeted on the Nairobi bourse amid the uncertainty, while Kenyatta's supporters grumbled. But the mood on the streets of the capital was jubilant rather than angry.
Judges said they found no misconduct by Kenyatta but said the election board "failed, neglected or refused to conduct the presidential election in a manner consistent with the dictates of the constitution."
Kenya's judiciary went through sweeping changes after the 2007 election violence in a bid to restore confidence the legal system. Friday's ruling is likely to galvanise pro-democracy campaigners across Africa, where many complain their judiciaries simply rubber stamp presidential rule.
"This is a monumental and unprecedented decision, very remarkable and courageous that will be watched carefully with keen interest across the continent," said Comfort Ero, the head of the Africa programme for the Crisis Group think-tank.
Kenyatta struck a conciliatory note in his televised address. "The court has made its decision. We respect it. We don’t agree with it. And again, I say peace ... peace, peace, peace," he told the nation. "That is the nature of democracy."
But later he criticised the court, telling a rally at a Nairobi market: "Earlier, I was the president-elect. (Chief Justice) Maraga and his people those wakora (crooks) have said 'let that election get lost' ... Let Maraga know he is dealing with the incumbent president." He spoke in kiswahili.
Official results had given Kenyatta 54.3 percent of the vote, compared to Odinga's 44.7 percent, a lead of 1.4 million votes. Kenyatta's ruling party also swept the legislature. Those results triggered angry protests and at least 28 people died in the police clamp-down that followed.

The Daily Herald

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