The victory of William Ruto in the Kenyan presidential election of August 9 was unanimously upheld by the Kenyan Supreme Court on September 5. The seven judges that considered the petition filed by opposition candidate, Raila Odinga, the fifth-timer in the presidential contest who had 48.8% of the votes as against Ruto’s 50.5% agreed that Ruto won. The judges agreed that Odinga’s post-election petition alleging discrepancies, irregularities and interferences were not sufficiently proven to warrant a nullification of the result of the election.
The expeditious judgment by that country’s apex court headed by Chief Justice Martha Koome, has somewhat doused the post-election tension that arose as a result of the petition by Odinga. Many in Kenya and across the world had prayed not to have a repeat of the post-election mayhem that had repeatedly claimed lives, not just during the former President Arap Moi years but more so after the President Uhuru Kenyatta’s first election in 2007 and his second term in 2017.
Even though opposition candidate Odinga gave a statement ‘accepting’ the verdict but ‘disagreeing’ with the ruling, the Kenyan people and the world seem to have breathed a sigh of relief, hoping no further embers of war would be fanned in the near future. Kenya needs to move forward and the losers can prepare for the next election in the next four years. The inauguration is set to be on September 13.
We applaud the conduct of the Kenyan Independent Electoral and Boundaries Commission (IEBC) and the courage of its chairman, Wafula Chebukati, who went ahead to announce the results even against the recalcitrant attitude of four of his electoral commissioners who refused to sign the final result, even when they were witnesses to the fair and transparent electoral processes. His patriotism and courage earned heroic mention, and by that singular act saved the country of a needless post-election bloodletting. The electoral commission chairman had against all odds stuck to his oath of office. He had alleged that the four had pushed for a rerun which, to him, was against their oath of office, rule of law and the action would have amounted to a subversion of the constitution and the sovereign will of the people.
It is commendable that the electoral commission deployed effective use of technology to deliver a free, fair and credible election. This has helped in averting the usual post-election chaos that are often the trademark of some African countries’ elections, especially Kenya. This is a plus for African democracy and we wish the Kenyan example would continue to be copied, especially by Nigeria that seems to have the highest post-election litigations in Africa.
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The Kenyan judiciary must also be commended for playing its own part as the third tripod of democracy, with the speedy delivery of the judgment less than three weeks after the filing of the petition. The judgment has been adjudged as speedy, thorough and unambiguous. The Supreme Court lived up to its reputation as the supreme arbiter in the land.
Again, we wish to commend the patriotism of Chief Justice Koome who even though was appointed by President Kenyatta has been true to her pedigree as a lawyer, human and gender rights advocate in her duties. She has risen through the ranks to her position today. She is the first female Chief Justice in Kenya. She has so far brought her diligence and professionalism to the service of her country and admirably so. Despite being appointed by the President, she did not hesitate to order a rerun after the 2017 election that was inconclusive. She had stamped the independence of the judiciary and a personal integrity that must guide all public officers.
The President-elect, William Ruto, has also shown maturity and magnanimity in victory. His post-verdict speech sounded very reconciliatory and invitational to all Kenyans to work together for development. He extended the olive branch to his opponents.
The Kenyan model is now being applauded as exemplary in Africa. This, to us, is very good news. The perception in the West is that the nascent African democracy will last centuries. Now it is evident that that is a flawed conclusion. Experiences, adoption of technology, dedication by citizens, adherence to rule of law and the strengthening of institutions will all help in strengthening democracy on the continent.
The final confirmation of the election of Ruto marks the end of an era in Kenyan political history, post-independence. The political dynasties of Kenyatta and Odinga have finally been dismantled. This marks a beginning that can inspire both Kenyans and other African people where immediate post-independence actors tend to monopolise the political space. This shows that the people are beginning to liberate themselves from certain narratives which can aide development. It is equally instructive to note that Ruto ran a very convincing campaign and the people spoke at the polls.
As Nigeria goes to the polls in less than seven months, the Kenyan election must offer many lessons. The use of technology is a sine qua non to free and fair elections. Adherence to electoral laws and the role of the electoral commission, the Independent National Electoral Election (INEC) would be on focus. The fate of the country would be dependent on the integrity of the electoral process and the conduct of the leadership of the electoral body.
The Nigerian judiciary must also learn from its Kenyan counterpart which showed courage, patriotism and independence. Nigeria is notorious for the most litigious post-election cases that often stagnate governance as most of the cases stretch into years after the election. This makes governance difficult and in most cases those who lost elections go on to be inaugurated and take offices they did not win.
Nigerian election tribunals often delay judgments due to the multiplicity of petitions and misdirection by some counsel. This has influenced dubiety in the political process where people just struggle to win elections and urge opponents to go to court, knowing that, either way, they might have enjoyed the perks of office before being removed. More interesting in the judicial role too is the fact that the presidential election petition in Kenya goes straight to the Supreme Court and verdict must be delivered before inauguration. This forecloses any usurpation of power by the wrong candidates.
We must on a final note commend the Kenyan people who played their roles in the electoral process. President Uhuru Kenyatta must be licking his wounds for the bad politics of aligning with his perennial opponent against his deputy. However, given the history of most African democracies, he stayed clear of manipulating the process or the judiciary. Nigeria must take a lot of cues from Kenya, come 2023.