Kenya opposition takes polls dispute to Supreme Court

Wednesday August 16 2017

Kenya's opposition leader Raila Odinga will be moving to the Supreme Court to contest President Uhuru Kenyatta's August 8 poll victory.

Mr Odinga on Wednesday termed the presidential results declared by the electoral commission (IEBC) as "computer generated" and added that most Kenyans "do not agree that our democracy is a charade, a game, in which people campaign their hearts out for leaders they want, but are then given a pre-determined winner."

He said that though the opposition had indicated that it would not challenge the polls outcome in court, the crackdown on civil society who have been seeking legal redress has prompted them to do so.

"With the raid on civil society and determination to silence all voices that could seek legal redress like AfriCOG and the Kenya Human Rights Commission, we have now decided to move to the Supreme Court," said Mr Odinga.

"We will lay before the world the making of a computer-generated leadership."

The NGO Coordination Board this week moved to shut down the Africa Centre for Open Governance (AfriCOG) and the KHRC, which have raised concerns over the August 8 election.


The opposition Nasa alliance said seeking legal redress would also give the Supreme Court "a second chance to redeem itself", alluding to the court's ruling in 2013 in favour of President Kenyatta in a similar presidential elections dispute.


Nasa has questioned the "consistent 11 per cent lead" that it says Mr Kenyatta had throughout the release of the results.

"It happened here because an algorithm had been introduced to rig the outcome. It happened in full view of all our people and all the election observers."

Mr Odinga said they would not accept President Kenyatta's win until IEBC provides "answers to profoundly disturbing questions that have been raised."

Mr Odinga said results on the IEBC portal were not backed by form 34As -- signed by party/candidate's agents at polling stations. There were 40,883 polling stations.

"Yesterday, IEBC CEO Ezra Chiloba finally made the stunning admission that the Commission was not able to supply all Form34As yet," he said, adding that it was proof of the unlawful declaration of Mr Kenyatta as the winner.

Some few hours before the Nasa press briefing, the IEBC posted on its Twitter account that all 290 form 34Bs --signed by returning officers and party agents at the constituency level-- were available on its web portal for public scrutiny.


The electoral agency declared President Kenyatta the winner with 8.2 million (54.2 per cent) votes against Mr Odinga’s 6.7 million (44.7 per cent). Six fringe candidates accounted for about per cent of the 15.07 million votes cast.

The announcement made on Friday night sparked protests in Nasa strongholds in western Kenya and some parts of the capital Nairobi. According to the Kenya National Human Rights Commission (KNHRC) more than 20 people have died in election-related violence since the polling day.

The international community, religious organisations and civil society had been piling pressure on Mr Odinga to take the fight over the disputed presidential election results to court.

The IEBC and foreign observers said the election had been free and fair.

"This is just the beginning, we will not accept and move on," Mr Odinga said on Wednesday.

Nasa has up to Friday, August 18, to file the petition.