The
court upheld a petition filed by opposition candidate Raila Odinga, who
claimed the re-election of President Uhuru Kenyatta on August 8 was
fraudulent.
"The
presidential election was not conducted in accordance with the
constitution, rendering the declared results invalid, null and void,"
Chief Justice David Maraga said, ordering fresh elections within 60
days.
In
a decision that surprised many observers, including Odinga and his
supporters, four out of six justices agreed with opposition arguments
that the electoral commission had committed irregularities that
invalidated the poll. It also raised questions for international
monitors, who had declared the election fair.
Odinga was jubilant as he welcomed what he called a "precedent-setting ruling" by the court.
"For
the first time in the history of African democratization, a ruling has
been made by a court nullifying the election of a president," he said.
"This indeed is a very historic day for the people of Kenya and by
extension the people of the continent of Africa."
In a televised address to the nation, Kenyatta said he disagreed with the court's ruling but would respect it.
"I
disagree with it because as I've said, millions of Kenyans queued, made
their choice, and six people have decided that they will go against the
will of the people," he said.
Kenyatta
said his primary message was for all Kenyans to keep the peace. "Your
neighbor will still be your neighbor regardless of whatever has
happened," he said. "Regardless of their political affiliation,
regardless of their religion, regardless of their color, regardless of
their tribe."
Street celebrations
As
news of the court's decision spread, cheers and celebrations could be
heard in parts of the capital, Nairobi. In its Kibera slum, an
opposition stronghold where some post-election violence erupted last
month, hundreds of supporters danced and sang in the streets, some
chanting "Uhuru must go!"
"It does
mean a lot to me. I am sure Kenya will be at a better place, I am really
happy about the decision," Roseyln Aoko told CNN.
"I am really happy about today. I have not even had lunch since I heard the results," said 36-year-old Margaret Akinyi.
But it's not yet clear if the ruling will spark public protests.
Although
Kenya's 2013 election was mainly peaceful, the country plunged into
widespread violence in the aftermath of the 2007 vote. More than 1,000
people were killed in months of bloodshed after Odinga -- defeated by
then-President Mwai Kibaki -- claimed the vote was rigged.
After Kenyatta was
declared the winner last month by 54% to 45% for Odinga, sporadic
violence erupted in some areas, claiming the lives of at least 24 people nationwide.
Odinga
is a longtime challenger for the presidency who has yet to claim the
country's top office. Kenyatta, the 55-year-old son of the country's
founding President, has already served one five-year term.
Kenyatta lawyer: 'Very political decision'
Kenyatta's
lead counsel, Ahmednassir Abdulahi said in court that his client wanted
to see the full judgment to understand how the alleged irregularities
would "obliterate" his 1.4 million vote winning margin.
"My
lord it's obvious, and I'm not afraid to say, that this is a very
political decision you have made this morning but we will live with the
consequences," Abdulahi said. He added that the will of the people would
prevail.
Four out of six justices
agreed with the opposition petition. The Supreme Court has seven members
but can conduct proceedings as long as five judges are present.
The court has not yet published its full written ruling explaining why the election was invalid but has 60 days to do so.
One
of the most contested aspects of the election was the apparent
discrepancy between the electronic results as transmitted and the manual
count.
The
head of Kenya's electoral body, the Independent Electoral and
Boundaries Commission, suggested that discrepancy was the basis for the
court's ruling.
"The focus of the
decision is in the transmission of presidential results. Therefore there
were no aspersions cast on the voting and the counting of the votes,"
chairman Wafula Chebukati said.
Chebukati
said the commission was committed to ensuring that the new election "is
done in accordance with the constitution, the relevant laws" and urged
the prosecution of any staffer found to have broken the law. He also
said he had no plans to step down.
"The
commission urges all Kenyans to remain calm and restrain themselves
from any political rhetoric that may undermine the stability and
cohesion of our country," he added.
In
his address after the ruling, Odinga said he had "no faith" in the
electoral commission. "They have committed criminal acts. Most of them
actually belong in jail and therefore we are going to ask prosecution
for all the electoral commission officials who have committed this
monstrous crime against the people of Kenya."
Speaking later at a rally, he also condemned the international election monitors who said there had been no major issues.
"With
this courageous verdict we put on trial the international observers who
moved so fast to sanitize fraud. Their role must be examined as it is
highly politicized and currently puts status quo and stability ahead of a
credible election," he said.
Rights
group Amnesty International's country director Justus Nyang'aya said
the "ruling demonstrates the independence of Kenya's judiciary and sets
an example for the rest of the world." He urged all parties to comply
with the judgment and called on police to exercise restraint in their
handling of celebrations or protests.
Election monitors
Most
of the demonstrators in last month's post-election were supporters of
Odinga, who had called the vote rigged. National election officials
dismissed the accusations, however, saying the vote was free and
credible.
More
than 400 international election monitors were also deployed across the
country to monitor voting, the tallying process and the post-election
period.
Former US Secretary of
State John Kerry, who served as an election observer for the Carter
Center, said then that while there were "little aberrations here and
there," the election was not rigged.
In
one unexplained incident, the head of information technology for
Kenya's Integrated Electoral Management System, Chris Msando,
was found murdered days before the vote. His department is responsible for voter-identification and result-transmission technology.
Any unrest in Kenya could have ripple effects far beyond the nation of 47 million people.
As
the largest economy in East Africa, Kenya is a crucial trade route to
the continent and provides an important buffer of stability in a region
that includes the fledgling Somali government and the politically tense
Sudan and South Sudan.
Trading on Kenya's stock exchange, the Nairobi Securities Exchange, was
briefly suspended following the ruling but has since resumed.
CNN's
Farai Sevenzo reported from Nairobi and Laura Smith-Spark wrote from
London. CNN's Briana Duggan and Katie Polglase contributed to this
report.
EPA
