Kenya Could Make History In Nullifying 2022 Presidential Election

Kenya in 2017 broke the African record by being the first country to nullify a presidential election in a court of law. The country is now on the verge of breaking a world record.

Depending on the outcome of the 2022 presidential election petitions at the Supreme Court of Kenya, the East African nation could be the first country in the world to overturn two successive presidential elections.

Currently, hearings are ongoing at the apex court for the petition filed by Azimio la Umoja-One Kenya coalition leader, Raila Odinga, who is seeking to have the victory of the president-elect, William Ruto, invalidated.

Raila Odinga's lawyers at the Supreme Court on August 31, 2022. /ZAKHEEM RAJAN

The court has 14 days constitutionally to determine the matter, with a deadline set for Monday, September 5 for the delivery of the verdict.

The 2017 nullification caught the whole country off-guard when the Supreme Court ordered the Independent Electoral and Boundaries Commission (IEBC) to conduct a fresh election in 60 days after the winner of the poll, incumbent President Uhuru Kenyatta, was not validly elected.

By then, Kenya was the fourth country in the world to nullify the results of the presidential election.

Ukraine became the world's first country to nullify a presidential election in 2004 after the results were declared by the Central Electoral Commission in the 2004 general election.

At the time, former Prime Minister Viktor F. Yanukovich emerged as the winner in the race that saw him go up against opposition leader Viktor A. Yushchenko. The Judiciary had found issues in how the election was conducted and ordered a run-off.

Austria became the second European country to have results of a presidential election thrown out in 2016. The country’s apex court ruled that the polls were riddled with irregularities, thus a run-off was ordered across the country.

Maldives, the popular island nation in South Asia, had its 2013 election nullified after it emerged that the exercise was marred by irregularities.

Coincidentally, the results of the 2013 general elections in Kenya were challenged at the Supreme Court, but the results were upheld compared to Maldives.

Three years after Kenya's 2017 nullification, Malawi became the second country in Africa to overturn a presidential election in 2020 after its Supreme Court trashed the results declared by the Malawi Electoral Commission (MEC). In similar circumstances to Kenya in 2017, incumbent President Peter Mutharika was declared the winner.

At the time, opposition leader Lazarus Chakwera contested the results in court and got his wish when the constitutional court found that the polls were compromised anomalies and irregularities. 

Chakwera surprised the African continent by winning the repeat election, the first time an opposition candidate won a repeat election after it was nullified.

Raila wants the Supreme Court to order a recount of votes and to declare him and running mate Martha Karua as President-elect and Deputy President-elect respectively, rather than a rerun.

Raila Odinga speaking at KICC on August 16, 2022. /FILE