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Majority of Kenya’s Election Commission Refuses to Recognise Ruto’s Victory

IEBC Vice President Juliana Cherera claimed that the Commission “cannot take responsibility for the results” due to the “opaque nature of the process.”

August 16, 2022
Majority of Kenya’s Election Commission Refuses to Recognise Ruto’s Victory
Kenyan President-elect William Ruto.
IMAGE SOURCE: THOMAS MUKOYA/REUTERS

Four out of seven members of the Kenyan Election Commission refused to recognise the results of the presidential election after Deputy President William Ruto was declared victorious, triggering fears of post-electoral violence as citizen protests erupted in key pockets of the country.

With a thin majority of 24 Senate seats and 50.49% of the votes, Ruto praised the Independent Electoral and Boundaries Commission (IEBC) officials as “heroes.” He stressed that divisions amongst the electoral officers are a mere “sideshow” and “poses no threat at all to the legality of the declaration,” dismissing vote-rigging allegations as an “unfortunate situation” fabricated by the opposition to “roll back” what Kenya has achieved.

To this end, he lauded the IEBC for ensuring a transparent, peaceful, and democratic election and allayed fears of violence by stating that those who opposed his campaign “have nothing to fear. There is no room for vengeance.”

In the same vein, he pledged to “work with the opposition for a functioning, democratic and prosperous Kenya,” noting that “we do not have the luxury to point fingers and apportion blame,” and vowed to “bring all hands on deck” to tackle the country’s challenges.

However, IEBC Vice President Juliana Cherera claimed just a few hours before Ruto was declared as the president-elect that the Commission “cannot take responsibility for the results” due to the “opaque nature of the process.” However, she urged citizens to remain calm and allow the “rule of law to prevail,” calling on them to “go to court” if they wish to express their dissatisfaction with the electoral process rather than protesting.

Like the IEBC, Ruto’s opponent, Raila Odinga, has also alleged “electoral offences” and lambasted the Commission’s President, Wafula Chebukati, for “illegally” declaring a winner without a quorum of commissioners. Similarly, Odinga’s running mate, former Justice Minister Martha Karua, rejected the results and warned that “It is not over until it is over.”

In fact, Odinga’s party has vowed to hold the IEBC and Chebukati “to account to the people of Kenya to deliver a free, fair, and credible election,” hinting at the possibility of challenging the results in the Supreme Court over the next week.

Chebukati, however, has dismissed the accusations and reiterated that he acted in good faith in declaring Ruto’s victory despite “intimidation and harassment.” He also denounced the attacks on IEBC personnel.

These pleas for calm have done little to dissuade protesters, however, with violent demonstrations seen in Nairobi and Kisumu, both of which are Odinga strongholds.

Odinga supporters burned piles of tires and demanded that the government “redo the election,” saying they felt “cheated.” They chanted slogans such as “No Raila, No Kenya,” “We need Raila now!,” and “Chebukati must go!,” prompting the police to fire tear gas shells to disperse the angry crowds.

Taking note of the rising tensions, the United States Embassy in Kenya urged supporters to remain calm, “refrain from violence,” and “resort to legal channels to address any challenges that may arise.” Like the US, the United Nations also offered its support to Kenya’s electoral process, with Stéphane Dujarric, UN Secretary-General António Guterres’ spokesperson, urging “all candidates to abide by their commitment to recognise the outcome of the election.”

One of Africa’s most prosperous nations, Kenya has seldom enjoyed political stability or harmony. In fact, since 2002, not a single ballot box has gone uncontested.

In 1992, for instance, Kenya’s first multi-party election culminated with the death of hundreds of civilians after Daniel Moi’s victory was contested. Likewise, in 2007, President Mwai Kibaki’s win was challenged by five-time opposition candidate Odinga, which resulted in the bloodiest election in the country’s history, killing at least 1,200 and displacing over 600,000 civilians. More recently, in 2017, incumbent President Uhuru Kenyatta’s election was overturned and declared “invalid, null and void” by the Supreme Court, a first in all of Africa.

In fact, both Ruto and the outgoing Kenyatta were also allegedly involved in the post-poll violence in 2007, with the International Criminal Court (ICC) charging the duo for crimes against humanity. However, a trial was made virtually “impossible” due to a “relentless campaign of victim and witness intimidation,” according to former ICC Chief Prosecutor Fatou Bensouda.

If Ruto’s victory stands, as most expect it will, he will become Kenya’s fifth president/ He campaigned on a platform of pro-welfare policies and promises to reward low-income “hustlers” and challenge the dynastic elites, including Kenyatta and Odinga, whose fathers were respectively the first president and vice president in independent Kenya.

His image as a “self-made outsider” as well as his vision of job creation, combating corruption, revisiting unfair contracts with China, and supporting small businesses endeared him to much of the population.

Last week’s election comes against the backdrop of mounting frustrations against outgoing President Uhuru Kenyatta’s failure to address economic problems. He leaves behind a legacy of a swelling public debt (which has risen by 343% since 2013), high inflation (7.1%) and unemployment (5.47%), rampant state corruption, stagnant GDP growth (4.4%), and a looming food crisis in the Horn of Africa region that has left four million Kenyans vulnerable and dependent on food aid.

With Ruto visibly weakening his affiliation with his boss following his ascent to the highest post, the next few weeks would be a political balancing act for a polarised Kenya, with Odinga expected to file a case in the Court within seven days, which may or may not result in a second election, especially since last week’s opinion polls by media houses had all placed Odinga ahead in the presidential race.

Nevertheless, Ruto has been congratulated by various heads of state in the region, including Somalia, Burundi, South Africa, Zimbabwe, and Nigeria.