Kenya's Odinga files court petition against presidential election result

By Our Correspondent, NAIROBI Kenya

Kenya's defeated presidential candidate Raila Odinga has filed an online petition to the country's top court, his lawyer told AFP Monday, challenging the result of the August 9 election that handed victory to his rival William Ruto.

Odinga, a veteran opposition leader who ran with the backing of the ruling party, has rejected the outcome of the poll, branding it a "travesty", after he narrowly lost to Ruto by around 230,000 votes or less than two percentage points.

"It has already been sent to them and they will see it soon," said Daniel Maanzo, who is part of the 77-year-old politician's legal team.

"We have hopes that we have made a good case and will win," he said.

Paul Mwangi, who is also representing Odinga, told AFP that a physical copy of the petition would be filed before the Supreme Court's 2 pm (1100 GMT) deadline.

Although polling day passed off peacefully, the announcement of the results a week ago sparked angry protests in some Odinga strongholds and there are fears that a drawn-out dispute may lead to violence in a country with a history of post-poll unrest.

Since 2002, every presidential election in Kenya has triggered a dispute, with this year's outcome also causing a rift within the Independent Electoral and Boundaries Commission (IEBC) that oversaw the poll.

Odinga, who was making his fifth bid for the top job, also approached the Supreme Court in August 2017, when President Uhuru Kenyatta was declared the winner of the presidential race.

The court annulled that election in a first for Africa and ordered a re-run which was boycotted by Odinga. Dozens of people died during a police crackdown on protests.

Judges now have 14 days to issue a ruling. If they order an annulment, a new vote must be held within 60 days.

Odinga, who has since buried the hatchet with Kenyatta, winning the president's backing for his candidacy, said last week that the figures announced by the IEBC were "null and void and must be quashed by a court of law".

The IEBC was under heavy pressure to deliver a clean vote after facing sharp criticism over its handling of the August 2017 election.

But in a shocking development shortly after the results were announced, four of the IEBC's seven commissioners said the numbers did not add up, accusing chairman Wafula Chebukati of running an "opaque" operation.

But Chebukati, who was also in charge of the IEBC in 2017, insisted he had carried out his duties according to the law of the land despite facing "intimidation and harassment".

Although Ruto, 55, has promised to work with "all leaders", saying, "there is no room for vengeance", all eyes will be on Odinga in the days ahead, with analysts warning that demonstrations will likely continue in Kisumu and pockets of Nairobi.

"The tightness of the final tally has inevitably increased the probability of disruptions," the Eurasia Group consultancy said in a note, adding, however, that "widespread unrest remains unlikely".

The country of about 50 million people is already struggling with soaring prices, a crippling drought, endemic corruption and growing disenchantment with the political elite.

While several African leaders congratulated Ruto, the US embassy instead issued plaudits to Kenya's voters and the IEBC, while urging political rivals to settle their differences over the election peacefully. 

Ruto, a shadowy rags-to-riches businessman, had painted the vote as a battle between ordinary "hustlers" and the "dynasties" who have dominated Kenyan politics since independence from Britain in 1963.

Any challenge to results must be made within seven days to the Supreme Court, which then has 14 days to issue a ruling. If it orders an annulment, a new vote must be held within 60 days.

If there is no court petition, Ruto will take the oath of office in two weeks' time, becoming Kenya's fifth president since independence.

In August 2017, the Supreme Court annulled the election after Odinga rejected the results. Dozens of people were killed by police in the protests that followed.

The worst electoral violence in Kenya's history occurred after a disputed vote in 2007, when more than 1,100 people were killed in bloodletting between rival tribes.