Kenyan Poll Verdict Gets Mixed Reaction

Supreme Court ruling that Uhuru Kenyatta won presidency sparks
protests in Kisumu, but business owners welcome end to uncertainty.

By Lilian Ochieng - International Justice - ICC



ACR Issue 344,

2 Apr 13





The decision by Kenya’s Supreme Court that last month’s election
result is valid, thus confirming Uhuru Kenyatta as the country’s next
president, led to street protests in the western city of Kisumu, a
stronghold of rival candidate Raila Odinga.

However, business owners in Kisumu welcomed the Supreme Court decision
as it marked the end of a month-long electoral process that had
disrupted commercial activity there, as in other parts of Kenya.

After Chief Justice Willy Mutunga announced the decision on March 30,
turning down Odinga’s petition for the result to be overturned, angry
mobs took to the streets of Kisumu, barricading roads, destroying
property and looting shops and homes for over two days before calm was
restored on April 1.

According the head of the region’s police, Joseph Ole Tito, two people
were killed and 24 were injured in the city on March 30-31. The unrest
was mainly confined to the Kondele and Nyalenda areas of Kisumu.

Police were able to prevent the trouble escalating into the kind of
unrest that followed the last presidential election in December 2007.
When that vote was disputed, 1,100 people were killed and more than
half a million lost their homes in bloodshed that spread across Kenya.
Kisumu was particularly badly affected.

The six Supreme Court judges who heard the appeal by Odinga, the
former prime minister who was nominated by the Coalition for Reform
and Democracy, CORD, unanimously rejected arguments that the March 4
vote was flawed and that a fresh ballot should be held.

Judges ruled that Kenya’s Independent Electoral and Boundaries
Commission, IEBC, had conducted the poll in a free and fair manner and
there were no grounds for a re-run. They will issue their full ruling
in two weeks’ time.

Kenyatta, running on behalf of the Jubilee Coalition, secured victory
with 50.1 per cent of the vote against Odinga’s 43.3 per cent.

He and his electoral running-mate William Ruto both face trial at the
International Criminal Court, ICC, in The Hague for their alleged role
in orchestrating the 2007-08 bloodshed. A third suspect, Joshua Arap
Sang, also faces trial for the violence.

Local businessman Michael Mwangi fled his home in the Kondele district
and took refuge overnight at a local police station. He told IWPR that
protesters broke into his warehouse and looted property.

Mwangi said the ordeal brought back memories of the last election five
years ago.

“I have lived in Kisumu now for 19 years, and it really disheartens me
that every five years after elections is marked by loss of property,”
he said.

Collins Oduor, a member of a local political group known as the
“Peoples’ Parliament”, said it was going to be hard to accept that
Odinga had lost.

“We are so heartbroken by the verdict and it will take me, as a
person, time to accept that Kenyatta is my president. I cannot accept
this but I will just live and do my work normally,” he said.

Rylina Omondi, another CORD supporter, said news of the verdict had
saddened her whole family, and she had little faith that in this part
of Kenya, the new president would live up to his election pledges, for
example to create new jobs. Previous Kenyan governments have tended to
funnel support into their own ethnic constituencies base while
marginalising others.

“I know that there will be no fair allocation of jobs with Kenyatta’s
rule. We could have just had a run-off so that CORD supporters could
fairly vote in Raila Odinga as president,” she said.

After the Supreme Court ruling, Kenyatta made a speech calling for
peace and unity, and promising to treat everyone even-handedly.

“I will serve all Kenyans without discrimination,” he said. “We should
now move on past the elections and build our nation.”

Odinga was quick to accept the court’s verdict and to congratulate
Kenyatta on his win.

“The Supreme Court’s decision is final. We must soldier on with
respect to supremacy of the constitution. God bless Kenya,” he said.

Kenyatta will be sworn in as president on April 9.

In contrast to those who took to the streets, business people in
Kisumu were pleased that the Supreme Court decision brought an end to
a protracted electoral process that began almost a month ago.

If Odinga’s appeal against the outcome had been upheld, Kenyans would
have had to vote all over again in a fresh ballot.

Since the March 4 vote, trade has declined steadily in the western
province of Nyanza, where Kisumu is the main urban centre. Many
suppliers from elsewhere have stayed away, fearing a repeat of the
unrest of 2007-08.

“I am glad that this is all over. We can now resume business,” Richard
Mugala, who sells secondhand clothes at Kisumu’s Oile market, said.
“For those fearing to set base in Kisumu – please do not [fear]
because you are all welcome to help us build our county.”

Other business owners voiced a similar sense of relief.

Robinson Anyal, chairman of a local association of hotel managers,
said his industry had recorded major losses in recent weeks as local
and international tourist numbers fell away.

“The verdict was better the way it was delivered, so that it could
bring a stop to this prolonged political era,” Anyal said.

Religious leaders in Nyanza called for calm and said there was no
reason to cry foul over the Supreme Court’s decision.

Bishop Francis Mwayi Abiero told residents to respect the new
constitution which voters backed in 2010. He also pointed to new
structures under the constitution that will see powers devolved to
county-level governments.

‘‘It does not matter whom we elect as the president of this country.
The constitution allowed us to elect a leader of our choice.” Bishop
Abiero said. “Kenyans should just move on and appreciate the current
constitution, which is going to empower them in their counties.”

Lilian Ochieng is a reporter for ReportingKenya.net and the Daily
Nation in Kisumu.

This article was produced as part of a media development programme by
IWPR and Wayamo Communication Foundation in partnership with Nation
Media.

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