Publications /
Opinion

Back
William Ruto Declared Winner of Kenya’s Presidential Election: What to Expect Next?
Authors
August 18, 2022

On the evening of August 15, the Kenyan Independent Electoral and Boundaries Commission (IEBC) declared William Ruto, the vice-president of the outgoing government, as winner of the presidential race. The announcement was not made in a situation of calm, as political unrest and turbulence erupted a few moments before Wafula Chebukati, the Chairman of the Electoral Commission, announced the winner’s name. For the first time since it was established by the Constitution in 2011, the members of the IEBC failed to agree on the election results. In fact, four members out of seven, led by the Vice Chairperson Juliana Cherera, said they were unable to take ownership of the declared results.  Neither the constitution, nor the IEBC Act provide guidelines in case of a disagreement between the IEBC’s members. Thus, the Supreme Court seems to be the only institution with the capacity to state in lieu of a contestation of the elections’ results.  

Legal Pathways to Contest the Election Results

By virtue of the Kenyan Constitution, the IEBC has a mandate to supervise the conduct of the elections and ensure they are in accordance with legislation. Its powers and functions also include   investigation and prosecution of electoral offences by candidates, political parties, or their agents. However, its prerogatives do not include settling disputes arising after the declaration of results. This must be done by the Supreme Court. A defeated candidate can go to the court to contest the result within seven days. The court may then take up to 14 days to issue a decision on either the nullification or confirmation of the election results. In 2017, Raila Odinga, after losing to then-incumbent president Uhuru Kenyatta, appealed to the Court, which ordered the nullification of the results and the rerun of the elections. The results of the second elections showed a clear victory for Uhuru Kenyatta, with 98% of the votes. Nonetheless, violent protests erupted in Odinga-supporting regions, such as the Kebira slums and the Kisumu district.

The history of post-electoral violence in Kenya haunts analysts and citizens as they await the first reactions from Raila Odinga and his supporters. The hours following the announcement of results were marked by dispersed protests that remain in scale much smaller than those of 2007 and 2017. Raila Odinga did not issue any statement until the day after, asserting that the announced results are null and void and must be quashed by the court. But he urged his supporters not take justice into their own hands.  

What to Expect Next?

The election outcome was undoubtedly expected to create division between the partisans of William Ruto and Raila Odinga. The competition was very tight and some of the pre-electoral polls, such as one conducted by Pollster Tifa Research, even gave Odinga a lead. Observers also agreed that it was one of the most competitive and uncertain elections, as both candidates have strong electoral bases and allies. It is precisely this point that might have reversed the balance. Could it be that Raila Odinga paid the price of his historical handshake with the former president? Did the shifting of alliances undermine the image of Raila Odinga as a historical opposition leader, who suddenly became a symbol of the ruling government?

It is worth mentioning that for Raila Odinga to appeal the results before the court, he must compose a file of evidence that technical and procedural breaches occurred during the elections. This procedure can be lengthy and costly. If the appeal is accepted by the Supreme Court, new elections will have to be organized within 60 days.

Organizing new elections would mean huge costs and logistical challenges to run the polling stations and mobilize staff at the different voting centers. Can Kenya really afford such a proceeding? The answer is probably not. Ever since the shifting of alliances between William Ruto and former President Uhuru Kenyatta, Kenyans have been keen to avoid ethnic politics as the economic situation of the country appears to be at its worst. Mounting levels of public debt, inflation, and youth unemployment have weighed heavily on the living standards of regular Kenyans, who seem more concerned about their economic and social wellbeing than anything else.

In a context in which the economic and social wellbeing of Kenyans is placed at the heart of all concerns, the appetite and desire for new elections might seem very limited. The turnout in the official round was already lower than past years (65%), and the lagging performance of the former government leaves the new leadership of Kenya with no option but to start immediate work to address the economic and social challenges ahead.

Though the Supreme Court decided to rule in favor of Raila Odinga in the 2017 elections, the situation might differ for the 2022 elections. The four members of the IEBC who dismissed the results—Juliana Cherera, Francis Wanderi, Irene Masit, and Justus Nyang'aya—were appointed by Uhuru Kenyatta, who is an ally of Raila Odinga, meaning a potential conflict of interest. The press conference held by Juliana Cherera to highlight the deficiencies of the process was marked by inconsistencies, as Mrs. Cherera declared an error margin of 0.01% amounting for 1420 votes, but that she mistakenly counted as 142,000 votes (a considerable gap as only 233,000 votes separated the two). This error has of course been taken up by supporters of William Ruto, who have accused the dissenting four commissioners of corruption and lack of professionalism.

Should this new context lead to a different way of handling post electoral divergences in Kenya? William Ruto in his presidential speech thanked Raila Odinga and said he was ready to collaborate with all leaders of Kenya with no room for vengeance. William Ruto and Raila Odinga were once allies in the 2007 elections, when they faced the Mwai Kibaki and Uhuru Kenyatta duet. Can they prove that in politics there are no permanent enemies or friends, and that Kenya comes first, as suggested by the name of William Ruto’s alliance, Kenya Kwanza?

Only the upcoming days can bring answers to all the underlying questions around the  election results.

RELATED CONTENT

  • Authors
    May 21, 2020
    Tous les pays du monde sont touchés, à différentes échelles, par la pandémie du Covid-19. Les interrogations autour du degré de résilience des Etats africains sont nombreuses et les questionnements sur l’avenir du continent, si la pandémie venait à perdurer dans le temps, le sont tout autant. Comment des Etats peu dotés en moyens sanitaires pourront-ils y faire face ? Y a-t-il un risque de violence dans certains pays où le degré de stabilité politique est faible ? Et, enfin, qu’advi ...
  • Authors
    May 12, 2020
    Analysts are trying to understand why the COVID-19 pandemic is progressing in Africa at a much slower rate than expected. According to one report, the continent had by the beginning of May seen 37,000 infection cases and 1600 fatalities, compared to the rest of the world, which has 3.2 million cases and 228,000 deaths1. Various explanations have been proffered to explain this disparity: Africa’s warm climate, the youthfulness of the continent’s population (60% of the population is u ...
  • Authors
    April 24, 2020
    This Policy Brief looks at successive attempts to transform the African university, in initiatives that have alternately been termed part of a larger Africanization or decolonization project. We chart attempts at intellectual decolonization launched by African-born scholars such as Ali Mazrui and Samir Amin, as well as scholars from the African diaspora, including W.E.B. Du Bois and Walter Rodney. We will examine decolonization projects as launched in Makerere University and the Uni ...
  • Authors
    April 22, 2020
    Initialement prévues en 2018, et reportées à deux reprises, les élections législatives et municipales ont finalement pu se tenir le 9 février dernier dans un contexte marqué par l’affrontement armé en zone anglophone entre forces gouvernementales et séparatistes, ainsi que par le refus de participer d’un des principaux partis de l’opposition. Un recul notable de l’opposition Une lecture des résultats du scrutin du 9 février, tels qu’annoncés par le Conseil Constitutionnel, montre ...
  • Authors
    April 7, 2020
    While the world has been facing one of the most serious health crises of the century in recent months, Africa seems to have been spared so far. The African countries have announced only very few cases, about ten for some and none for others. However, as time goes by, Africa is facing an increasing number of cases, first exported from Europe and America and then resulting in local contamination. This is not the only health crisis Africa has faced in recent years. The Ebola health cri ...
  • Authors
    March 30, 2020
    */ Depuis le 12 mars, les frontières et les communications aériennes, maritimes et terrestres entre l’Espagne et le Maroc sont fermées à cause de la crise du COVID-19. Mais au-delà de la fermeture transitoire des frontières, la crise sanitaire, doublée de la crise économique qui se laisse déjà ressentir en Espagne, aura un fort impact sur un million de ressortissants marocains résidant en Espagne. Au 1er janvier 2019 (derniers chiffres officiels disponibles), leur nombre était de 8 ...
  • Authors
    Hamza M'Jahed
    March 11, 2020
    West Africa has always played an essential role in African geopolitics. Although less thought of than north, south and east Africa, because of their envied strategic openings into both the Mediterranean Sea and Indian Ocean, West African countries are transforming themselves into a major African hub. For Britain, the completion of Brexit heralds a new era in its contemporary history. In this framework, West Africa is a crucial region for the United Kingdom’s long-term strategic goal ...
  • March 6, 2020
    La Mondialisation et nous prolonge les deux derniers ouvrages de l’auteur : La Crise économique et nous, 2009, (en arabe), et La Chine et nous, 2017. Il revient aux origines de cette mondialisation, dont le point de départ a été la Méditerranée occidentale et la conquête de la ville de Sebta par les Portugais en 1415, ouvrant la voie aux grandes découvertes et à l’émergence du capitalisme. L’évolution historique et analytique de la mondialisation l’a amené à s’interroger sur ses per ...
  • February 20, 2020
    Questions: 1/ Is the civil war in Libya threatening the neighbouring nations ? 2/ In the recent Berlin conference on Libya the participants agreed to attempt a ceasefire and stop arms deliveries to various milicias and fighting groups. Are these credible proposals ? 3/ How do you explai...