Supreme Court Upholds Election Of William Ruto As Kenya’s President-Elect

William Ruto

The Supreme Court of Kenya on Monday upheld the election of William Ruto as the President-elect of Kenya.

The seven-man panel headed by Kenya’s Chief Justice Martha Koome, dismissed the petitions filed by Raila Odinga and others for failing to prove the allegation of irregularities during the presidential election.

With the ruling, Ruto, who is currently Kenya’s Vice President, becomes the 5th president of the East African country.

The seven-member court found no discrepancies in the vote tallies and no credible evidence that the electoral commission’s computer systems and transmission network had failed or been breached, Chief Justice Martha Koome said in an abridged ruling handed down in Nairobi, the capital, on Monday. Allegations that some citizens had been prevented from casting their votes or that ballot boxes were tampered with were unproven, she said. 

“It is our finding that the declared president-elect attained 50% plus one of the votes cast” in accordance with the constitution, Koome said. “This is a unanimous decision of the court.” 

The official results showed Ruto, who has served as deputy president since 2013, won 50.5% support in the Aug. 9 vote and Odinga, a former prime minister, 48.8%. The judgment paves the way for Ruto, 55, to be sworn in as President Uhuru Kenyatta’s successor on Sept. 13. 

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“We are vindicated by the choice of the people of Kenya,” Ruto said at a briefing in Nairobi. “With a unanimous decision of the Supreme Court of Kenya, our lengthy, suspenseful and protracted election has come to an end.” 

While four of the Independent Electoral and Boundaries Commission’s seven members distanced themselves from the election outcome, they didn’t explain why they considered it to have been compromised or substantiate their allegations that the verification process was opaque, Koome said. 

The court’s decision is a major step toward ending political uncertainty in East Africa’s biggest economy after Odinga’s rejection of the results fanned anxiety among the nation’s bondholders. 

The yield on Kenya’s 2032 dollar bonds fell 36 basis points to 12.41%  at 5:15 p.m. in Nairobi on Monday, while the shilling was little changed at 120.25 per dollar.

Upholding the presidential election results “is likely to raise investor confidence as a return to normalcy will be in sight,” Nairobi-based AIB-AXYS Africa said in emailed comments.

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Odinga, 77, has now made five unsuccessful runs for the presidency. In 2017, he successfully convinced the top court to nullify Kenyatta’s re-election, although he boycotted the rerun after he said the conditions weren’t in place for a fair contest. 

Kenyatta reconciled with Odinga in 2018 and publicly supported him after falling out with Ruto.  

Odinga said on Twitter that he respected the court’s ruling although he vehemently disagreed with it.

“I urge the country to respect the institutions that midwife our new leaders. And in doing so, I also urge citizens to constantly put them under scrutiny,” Kenyatta said in a televised briefing. “It is my intention to oversee a smooth transition to the next administration.” 

Ruto will have his work cut out for him, with the nation’s economic growth rate set to slow this year and the International Monetary Fund warning it is at high risk of debt distress. Kenya’s public debt-servicing costs are projected to climb to 1.39 trillion shillings ($11.6 billion) in the fiscal year through June 2023.

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Ruto has pledged to alleviate the nation’s debt burden, while ruling out the option of restructuring its loans — which Odinga had undertaken to do if he won. The president-elect also said he will channel more money into industries with the potential to create jobs for the five million young Kenyans he says aren’t working or studying. That will include investing at least 500 billion shillings in farming and small businesses.

“Any protests by Odinga’s followers in response to this result will not translate into prolonged unrest, despite international concerns of widespread violence,” said Ben Hunter, an Africa analyst at risk firm Verisk Maplecroft. “The unanimity of the legal ruling and the ongoing economic crisis will dampen the appetite for conflict.”

(Additional Report from Bloomberg)


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