Kenya: New twist as fringe candidate enters Kenya poll imbroglio

11 Octobre 2017

Nairobi, Kenya, October  11 (Infosplusgabon) - The High Court's decision on Tuesday to allow a fringe Kenyan presidential election candidate to participate in the 26 October fresh poll adds new twist to the election deadlock.

High Court Judge John Mativo ruled that there was no reason why Thirdway Alliance Party leader Ekuru Aukot, earlier barred from the fresh poll by the polls management body, IEBC, should be barred from the exercise.

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On 11 August, the Independent Electoral and Boundaries Commission (IEBC) declared incumbent Uhuru Kenyatta of Jubilee Party the winner of the 8 August presidential election with 54 percent against opposition challenger Raila Odinga's 44 percent.

Odinga disputed the results, citing hacking of the IEBC election management system, disparity in results transmitted and use of unofficial elections materials, among them forms.

He lodged at petition at the Supreme Court. On 1 September, the court nullified Kenyatta's election, citing irregularities and illegalities on the part of IEBC.

In a nutshell, the court ruled that the exercise did not meet the constitutional threshold, ordered that a fresh presidential election be held within 60 days.

The court also directed IEBC to put its house in order and conduct a free and fair presidential election.

Opposition flagbearer, Odinga who ran on the ticket of the National Super Alliance (NASA), then demanded sweeping changes at IEBC.

Top among his demands was that the 12 IEBC officials he accused of bungling the elections be removed or barred from handling the fresh exercise.

He also wanted IEBC to award the printing of ballot papers tender to another firm, accusing Dubai-based firm, Al Gurrair, of colluding with IEBC in 'stealing' the elections.

Most of the demands were not met by IEBC, who appeared to be shielded by the ruling Jubilee administration.

On 10 October, Odinga announced his withdrawal from the fresh poll, saying the playing field is not level.

The nod the High Court gave Aukot, who finished fourth in the 8 August General Election, bagging votes few Kenyans care to remember, muddies the waters.

Aukot, went to court seeking the overturning of the IEBC decision to bar him and the other seven fringe candidates from the fresh poll.

There are gray areas in the Kenyan Constitution on what should be done in the event a presidential candidate withdraws from a fresh poll, ordered by the Supreme Court after declaring the first exercise null and void.

It appears it only gives the way forward in the event a presidential candidate withdraws or dies before the main election, not a fresh presidential.

Different lawyers, depending on their political leaning, are giving different interpretations to the matter.

Those who thought Uhuru Kenyatta will be declared the winner after his would-be opponent Odinga pulled out, are disappointed.

The go-ahead the fringe candidates got means more aspirants have come on board and therefore elections should be held on 26 October as directed by the Supreme Court.

There will be no direct picking of the winner; Kenyans will speak through the ballot box.

Even though the Jubilee Party, or rather Deputy President William Ruto, says money should not be wasted on a fresh poll and that Kenyatta should be declared the winner, this is definitely the wrong path.

Even after withdrawing his candidature, Odinga insisted that the demonstrations against the IEBC, in which NASA supporters are demanding reforms in the commission, will go on.

And true to his word, NASA supporters demonstrated in different parts of the country on Wednesday with placards reading, 'No Reforms, No Elections.'

They have been demonstrating thrice a week - Monday, Wednesday and Friday. They will certainly be out in the streets on Friday.

NASA supporters hail Odinga's withdrawal as a  strategic move. So what's up his sleeves? Is he returning to the ballot box after backing out, what legal mechanism will he use to return to the ballot box? What happens if elections are not held within 60 days (1 November 1) as directed by the Supreme Court?

Tough questions indeed, but remember that both Odinga and Kenyatta come from political dynasties.

Kenyatta is the son of independent Kenya's first president Mzee Jomo Kenyatta, while Odinga is the scion of first vice-president Jaramogi Oginga Odinga.

Both the senior Kenyatta and Odinga are deceased. They fell apart hardly three years after Kenya attained independence.

But the 'big' men's scions are exercising their constitutional right in vying for the presidency.

Like them or hate them, nobody can bar them on grounds of family tree.

The Kenyan election stalemate is actually a quagmire. An amicable solution should be found.

The flamethrowers - Kenya's political class - are certainly not the solution; only an independent Judiciary will break the stalemate, and end the imbroglio.

In such a polarised environment, Kenyans cannot count on the political class, none of the two front runners is ready to dismount from the high horse.

FIN/INFOSPLUSGABON/ESR/GABON 2017

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