Kenya’s political turmoil took a new twist a day to the repeat presidential election, with a last-minute legal bid to postpone the poll.
A re-run election, according to the country’s constitution, must be held before 1 November, but a flurry of court challenges, deep divisions between rival leaders, publicly-voiced doubt over the vote’s credibility leave many uncertainties.
The opposition, yesterday, continued street demonstrations to pursue its “no reform, no election” vow, raising fear of potential violence on polling day.
At least 49 people have died in political violence since the August 8 ballot. This evokes memories of the aftermath of a disputed 2007 poll, when more than 1,200 people were killed.
Opposition leader, Raila Odinga is boycotting Thursday’s contest against incumbent Uhuru Kenyatta. He says it will not be free and fair because the election board has not made sufficient progress in carrying out reforms he demanded after the original election held August 8 was annulled.
Kenyatta officially won the first election by 1.4 million votes, but the Supreme Court annulled that vote on Sept. 1 over procedural irregularities.
On Monday, the International Crisis Group, a global think-tank, called for a delay in the election, saying “proceeding under current conditions would deepen Kenya’s ethnic cleavages and prolong a stalemate that has already claimed dozens of lives and come at a high economic cost.”
Both the election board and the government have said the vote will go ahead, irrespective of whether Odinga contests it, and only a court ruling could legally delay the re-run ballot beyond the end of October.
Today, Kenya’s Supreme Court will hold a last-minute petition to decide whether the re-run of the presidential election can go ahead.
Three human rights activists, Khalef Khalifa, Samuel Mohochi and Gacheke Gachuhi petitioned the apex court, arguing that the prevailing environment in the country cannot guarantee a credible poll.
Today has been declared public holiday in Kenya but Chief Justice David Maraga said the case will be heard.
Credible polls not guaranteed – IEBC
The head of the election board said last week he could not guarantee a free and fair poll due to intimidation and political interference.
“Ironically, the very people, political leaders, who are supposed to build the nation, have become the greatest threat to the peace and stability of the nation,” Wafula Chebukati told journalists.
He said technical preparations for the new poll were on course, but his attempts to make “critical changes”, notably to staff, had been defeated by a majority of commissioners.
“Under such conditions, it is difficult to guarantee a free fair and credible election,” Chebukati said. “We cannot move forward with a divided commission.”
Election commission under ‘siege’
Chebukati’s statement came hours after a senior electoral officer Roselyn Akombe resigned and fled to the United States amid death threats.
She said “the commission has become a party to the current crisis” and was “under siege”.
She said commissioners were serving partisan interests, and legal advice was being skewed for political reasons.
A week before the August 8 poll, the election commission’s head of IT was found tortured and murdered in Nairobi, raising fears of a possible hack of the commission’s computer systems.
Diplomats warn of growing insecurity
Western diplomats in Kenya warned of “growing insecurity” and said inflammatory rhetoric and attacks on the election commission made it more difficult to hold a legitimate election.
The foreign envoys expressed concern about the “deteriorating political environment” in East Africa’s biggest economy.
“It is easier to tear down than to build up. But it is dangerous, and it must stop,” US ambassador Bob Godec said in a statement on behalf of the 20 diplomats, including those of France, Germany and the UK.
Anti-poll demos gather momentum
In response to Odinga’s appeal for protests against Thursday’s repeat presidential ballot, around 2,000 demonstrators, yesterday, marched on the election board offices in the western city of Kisumu, Odinga stronghold.
Kisumu Governor Anyang’ Nyong’o, Kisumu Central MP Fred Ouda led demonstrators into the city centre.
“All we know is that there will be no elections. As to how this will be done, we are waiting for the big announcement by Baba (Odinga) tomorrow (today),” market trader James Ouma told Reuters.
Police fired tear gas and bullets into the air to disperse protesters in the capital Nairobi.
Odinga denies calling demos on Election Day
The opposition leader, Raila Odinga appeared to row back from a call for his supporters to hold protests during the vote.
Odinga had urged his supporters to ensure tomorrow’s vote did not take place, repeatedly saying there would be “no elections”.
“We have not told people to protest on polling day. We have not said that at all. We have told people to stay away,” he told the BBC in a radio interview yesterday.