Bloomberg
Kenya faces an extended period of political and economic uncertainty after the Supreme Court tossed out the results of last month’s presidential election in a stunning decision that’s unprecedented in Africa.
The judges ordered a new vote to be held within 60 days, opening an intense campaign at risk of being marred by violence. The news sparked celebrations in the capital, Nairobi, and in Kisumu, stronghold of opposition presidential candidate Raila Odinga, who said the ruling marked “a historic day†for the people of Kenya. President Uhuru Kenyatta, winner of the annulled vote, said he disagreed with the decision but would respect it.
With its decision that the electoral commission failed to conduct a fair vote, the six-judge court demonstrated its enduring independence from the government of the day. It came at a time when demands for political change are spreading across Africa. Opposition parties won power in the past five years in Nigeria, the continent’s most populous nation, Ghana, Gambia and Senegal. The ruling also clouds the outlook for the country’s slowing economy.
“The historic Supreme Court ruling pours uncertainty on the Kenyan economy,†said Emma Gordon, an analyst at Bath, England-based Verisk Maplecroft. “Investors will be concerned about the financial implications and the high risk of violence. With the possibility of the new election going to a second round and the result being contested again, political uncertainty could easily last the rest of the year.â€
The ruling Chief Justice David Maraga read out to a packed Nairobi courtroom was a damning rebuke to the electoral commission, which repeatedly denied opposition claims that hackers rigged the vote results on its computer systems. The decision helps entrench the rule of law in Kenya, one of the key pillars of the country’s long-term development plan, said Jibran Qureishi, East Africa economist at Stanbic Holdings Ltd.
“This is an extraordinary ruling,†Qureishi said in a research note. “It affirms our narrative regarding institutional strength and maturity.â€
The outcome of the new vote is too close to call, with the same officials who ran the last one probably remaining in charge of the rerun, said Phillip O. Nying’uro, chairman of the department of political science at the University of Nairobi. “It is going to be very tricky; we may end up with the same outcomes,†he said. IEBC Chairman Wafula Chebukati said the commission is awaiting the court’s written judgment before making any decisions about what action it will take. Odinga called for six electoral commission officials to face criminal prosecution. “Clear evidence shows that the commission was taken over by criminals who ran the general elections using the technology system and inserted a computer-generated leadership,†he told reporters.