Ignore the noise, only top court can take us back to the ballot again

The repeat presidential election has come and gone. It is now time to look back and see what lessons we can draw from it, if any, as we forge ahead with nation-building.

It is regrettable that whereas President Uhuru Kenyatta submitted himself to the electorate as ordered by the Supreme Court on September 1, Raila Odinga refused to equally subject himself to the truest test of democracy - a date with the Kenyan people at the ballot.

He instead chose to stand in its way, with his supporters barricading roads leading to polling stations, intimidating would-be voters and Independent Electoral and Boundaries Commission (IEBC) officers, and seemingly declaring war on anybody who dared vote within perceived National Super Alliance (NASA) fiefdoms.

This was a desecration of our democracy by those who posit as its defenders, not to mention contemptuous of the Supreme Court.

Despite the barriers placed in the path of democracy and constitutionalism, I also wish to pay homage to our Kenyan institutions that stood strong and resilient under difficult circumstances to ensure that democracy, constitutionalism and the rule of law once again withstood the barricades, noise and stones to deliver the choice of the Kenyan people who not only elected their President but also rejected anarchy and violence.

Reject decision

But the Opposition NASA has chosen to reject the decision of the Kenyan people as expressed at the ballot by refusing to either recognise the election or Uhuru Kenyatta as President-elect.

The paradox is that NASA, or NRM (National Resistance Movement) for that matter, is not even willing to present whatever issues they may have with the processes or legalities used to elect Uhuru to court for redress as required by law. Instead, they are demanding another election within 90 days.

Firstly, only the Supreme Court has the authority to order another election within 90 days and no amount of resistance movements, big announcements, demonstrations, economic boycotts, negotiations or picketing can send Kenya back to the ballot. Kenya is a country governed by the rule of law and NASA must submit to the law by either presenting a petition to the Supreme Court or forever holding their peace.

Secondly, Kenya can ill-afford another election in 90 days. The two elections held in August and October have already cost the country in excess of Sh62 billion, funds sufficient to build two Thika Superhighways or purchase 500 cancer radiotherapy machines for our hospitals.

According to the Kenya Private Sector Alliance (Kepsa), an estimated Sh700 billion is reported to have been lost by businesses during the prolonged electioneering period, losses aggravated by shutdowns and disruptions during NASA demonstrations.

Further, Kenya is rapidly losing its competitiveness and dominant position as a regional economic powerhouse due to the prolonged election jitters.

Thirdly, the toxic, divisive and high-octane political environment has also affected the country’s peace, stability and social cohesion, which are prerequisites for economic growth. The prevailing situation also threatens our very social fabric not to mention the unwarranted injuries, destruction of property, displacement of persons and even deaths.

This has got to come to an end.

Most significantly

But most significantly, Uhuru has been exposed to two presidential elections in less than three months and won both fair and square. It is time the sovereign will of the Kenyan people as expressed at the ballot was respected with finality.

Legally, the constitutional threshold to be President is set at 50+1 per cent of the votes cast nationally, with at least 25 per cent from 24 counties, a requirement the President-elect has met and significantly surpassed, and even opened up for scrutiny at the Supreme Court for anybody who wishes to question its validity.

For those naysayers describing the 38 per cent voter turnout as declared by IEBC as low and claiming that it does not meet the threshold of legitimacy for the President, it is noteworthy that out of the 8.2 million voters for Uhuru in August, only about 9 per cent did not show up in October.

This is consistent with anticipated 10-20 per cent lower voter turnouts in re-runs, by-elections or fresh elections worldwide. Amid the violence and intimidation by NASA during the elections, and the bad weather, this was a better than expected performance.

It is now time for Kenya to get back to work. We cannot be in perpetual politicking mode as this will not move our country forward.

Let us respect the will of the Kenyan people and if we have any electoral grievances, let us do what is right in law. Further damage to our economy through economic boycotts, demonstrations and shutdowns will only hurt our motherland.

Mr Murkomen is the Senator, Elgeyo Marakwet County