Kenyan election ‘rampant with illegality’, Odinga says

Odinga, Kenya’s prime minister, came second to Uhuru Kenyatta, Kenya’s deputy prime minister, who has been indicted by the International Criminal Court for crimes against humanity.

Mr Kenyatta, son of Kenya’s founding president, won the election with the narrowest of margins – 50.07 per cent of the vote. To win the Kenyan presidency outright, candidates needed to secure more than 50 per cent of the vote.

Any violence now could destroy this nation forever, but it would not serve anyone’s interests – defeated candidate Raila Odinga

After being driven to his election centre, Mr Kenyatta thanked his “brother” Odinga for a spirited campaign.

“My fellow Kenyans, today we celebrate the triumph of democracy, the triumph of peace, the triumph of nationhood,” he said, adding later: “My pledge to you is that as your president I will work on behalf of all citizens regardless of political affiliation.

“I will honor the will of Kenyans and ensure that my government protects their rights and acts without fear or favor, in the interests of our nation.”

‘Democracy on trial’

Prime Minister Raila Odinga, Kenyatta’s main rival, said he would challenge the result. He secured 5,340,546 votes compared to Kenyatta’s 6,173,433 votes out of a total of 12,338,667 ballots cast.

Mr Odinga said “democracy is on trial” following the outcome and said there was “rampant illegality” in the election process. He added: “We will therefore shortly move to court to challenge the outcome that the IEBC (Independent Electoral and Boundaries Commission) announced a few hours ago.”

However, he said the challenge would have to takeplace in the copurt, and not on the streets, in a bid to prevent the violence that marred Kenya’s elections in 2007. “Any violence now could destroy this nation forever, but it would not serve anyone’s interests,” he said.

In the west of the country, angry backers of Mr Odinga took to the streets, chanting “No Raila, no peace” and throwing stones. Police used teargas to dispel the protestors.

Crimes against humanity?

The eyes of the world have been watching Kenya for repeats of the violence sparked in 2007 following the last presidential election.The disputed vote in 2007, when Mwai Kibaki was declared winner over Mr Odinga, led to violent tribal bloodshed, resulting in the deaths of more than 1,000 people.

Mr Kenyatta has been indicted by the International Criminal Court in relation to his alleged involvement in the clashes. It is alleged that he hired the Mungiki criminal sect to target Luo communities following the disputed election. He denies the charges and has asked for the trial, due to start next month, to be delayed.

The ICC website says Mr Kenyatta “is allegedly criminally responsible as an indirect co-perpetrator… for the crimes against humanity of murder, deportation or forcible transfer, rape, persecution and other inhumane acts”.

Read Lindsey Hilsum's blog: Will Kenya elections spark violence?

On the campaign trail Mr Kenyatta faced jibes from Mr Odinga that, if elected, he would have to govern via Skype from the ICC headquarters in the Hague, but responded: “I will be able to handle the issue of clearing our names … while at the same time ensuring that the business of government continues.”

However, the case may have played to Kenyatta’s advantage when the governments of the United States, Britain and other Western nations said Kenyans should be wise in choosing their leader.

That allowed his supporters to present such comments as “colonial” or “imperialist” meddling, burnishing Kenyatta’s nationalist credentials in the former British colony.

“It has basically been turned into an instrument of mobilisation for votes,” said Godwin Murunga, deputy director at the African Leadership Centre in Nairobi.

Peaceful and determined

The Foreign and Commonwealth Office congratulated the Kenyan people “for the peaceful and determined spirit” in which the elections were conducted.

Africa Minister Mark Simmonds said: “This is a historic moment for Kenya, when the Kenyan people have come together at the ballot box to achieve the promise of the new constitution and choose their future leaders.

“I urge all sides to show patience and restraint, to accept defeat or take any disputes to the courts. I am confident that any disputes will be dealt with by the courts swiftly and fairly.

“I appeal to all parties to maintain the same peaceful and democratic spirit that we have witnessed so far. The UK greatly values its deep and historic partnership with Kenya, and will continue to work in support of stability, security, development and prosperity.”