Intrigues surrounding nullification of August 8 presidential election

On September 1, 2017, and September 20, 2017, a divided Supreme Court gave two decisions affecting national well-being. First, by a majority four decision, the court nullified the presidential election.The second decision was to provide a way forward arising from the nullification.

The court ordered IEBC to organise “fresh” elections within 60 days and also warned that it would nullify the “fresh” election if the same failures were to recur. President Uhuru Kenyatta did not like the nullification part, complained that the judges had trashed the collective will of the Kenyan voters, and then grudgingly accepted the verdict.

He welcomed the “fresh” election part and started organising his “fresh” campaign machine to win in a bigger way in October than he did in August. His ODM rival, Raila Odinga, loved the nullification part but not the “fresh” election. He subsequently showed little interest in respecting the court-ordered “fresh” election.

The antidote

The order to IEBC was clear; hold fresh election. Parliament, taking cue from the Supreme Court on systemic challenges as the reasons for nullification, sought to help the court. It wanted to clear doubts by stressing the sanctity of the votes cast, counted, and announced at the polling station. The legislation also provided for holding individual officials liable for their failures. Since the court had failed to look at the votes cast, counted, and announced, it too could have experienced systemic failure.

Parliament sought to cure it. Representatives of Euro interests in Nairobi; envoys, annoyed political protagonists by giving what appeared like orders. The Euros had opposed Parliament’s action. Led by the US ambassador to Kenya, Robert Godec, the Euros argued that “best global practices” were not in tune with what Parliament did. In response, the Parliament pointed out the structural weaknesses that the Supreme Court wanted addressed. Since the court had said it would again nullify the election if the issues persisted, Parliament was simply addressing the concerns the court had raised.

Trepidation

The NASA team, however, differed with the Euros on the IEBC, as the election referee, organising fresh elections. Seemingly believing that the nullification gave it license to dismantle the IEBC, it became eager to confuse things with demands of “irreducible minimums”.The firing of Ezra Chiloba was among them and subsequent anti-Chiloba demonstrations were amusing in producing tense reactions. First, “peaceful protesters” tried to disorganise the IEBC with chants of “Chiloba Must Go”. Second, members of the “Nairobi Business Community”, some in trench coats, prayed symbolically and vowed to protect small businesses.

Although the clergy and Euros offered advice and good mediating offices, it was the Euros who irked. They incurred the wrath of James Orengo by suggesting that the Raila team drop its demands and stop incitement to violence. Opposition leaders, he asserted, were “not very enthusiastic about going to the United States of America” and then reminded Godec that “America has its own problems”.

The Opposition sensed repeat defeat and seemingly adopted a strategy of frustrating fresh elections. It became generous in dishing out blame to IEBC Chairman Wafula Chebukati, Chief Executive Ezra Chiloba, the French firm, and Safaricom. While the French firm OT-Morpho said it would sue for defamation, Safaricom boss Bob Collymore dismissed Raila’s claims as “reckless” and endangering the lives of Safaricom workers.

The immature political drama continues. The effort to scuttle the election on October 26, 2017 makes the Supreme Court order that the IEBC conduct “fresh” presidential election a nullity. The scuttling disrespects the independence of the IEBC and Raila appears to be immune to the consequences of choices to interfere with IEBC functions.

Failure to respect the IEBC, however, seemingly reinforces determination to obey the court order and hold the scheduled elections. There are, therefore, national signs that coddling political immaturity might be reaching its limits.

Prof Munene teaches History and International Relations at the United States International University, Africa