Kibaki and the Electoral Commission Rob Odinga of Victory

It was described as the closest elections in the political history of Kenya. For weeks polls indicated defeat for incumbent President Mwai Kibaki at the hands of his former ally, younger and more dynamic opponent Raila Odinga.Leading a coalition dubbed the Orange Democratic Movement (ODM), Raila Odinga appeared set to complete what his father the late Odinga Oginga left undone by serving as President of Kenya. Despite initial results that put him way ahead of President Kibaki, the Electoral Commission of Kenya (ECM) embarked upon a cat and mouse sadly still a part of the political process in several African countries and the end result was a victory of sorts in favour of Kibaki for a second five year term.

The scenario that followed this last minute massacre of democracy by the ECM may have caught many by surprise as continuing violence has left some 300 people dead and about 200.000 displaced according to human rights agencies. The most chilling scenes remaining the torching to death of dozens of people who sought refuge in the sanctuary of a church. Appeals for calm have remained unheeded with Kibaki holed up at State house and attempts by the ODM to carryout peaceful protest marches twice foiled by security agencies on grounds of public safety.Kibaki says he will speak to the opposition when there is an end to the unrest but the ODM leader and perceived winner of the election Raila Odinga

Tensions were perceptible during the campaigns but the violence that took place after the elections was not anticipated by many who kept hoping for a hitch free elections. Key aides of President were handed humiliating defeats at the polls and there is little doubt in the minds of many that but for the overt support of the ECM he himself would have gone down. According to Alexander Graf Lamsdorff Chief European Union election monitor, the ECM failed in establishing the credibility of the tallying process to satisfy all parties and candidates.

The reading of the election results by ECM Chief Samuel Kivuitu on a single local station after the expulsion of other media from the main vote counting headquarters only lends credence to accusations of foul play. Within hours of his proclamation, the government was quick to suspend all live coverage on grounds of public safety. Amidst riots and violent protests across the country calling for his departure from power, Kibaki was hastily sworn in at state house. Claims by him that Kenyans had done themselves proud and set a worthy example for the continent were in sharp contrast to the impressions that many Kenyans and Africans have about him and manner in which his victory was obtained. His pledge to ensure equal treatment and justice for all Kenyans and plans to appoint a clean hands cabinet that reflects the face of the country may take a while to materialize as his victory should it stand as the wounds brought about by the elections will take a long time to heal.

Samuel Kivuitu the ECM Chief himself acknowledged that the polls were flawed with irregularities including constituencies where voter turnout was hugely above the number of registered voters.Kipkemoi Kirui a parliamentary official seconded to the ECK came out in the open to accuse the body of rigging elections in favour of Kibaki.The ECM later admitted that the party of President Kibaki pressured him to release the results before verification and he may not have known exactly who won for sure.

Shortly after the ceremony at state house swearing in Kibaki, the ODM, called a press conference to declare its candidate Raila Odinga winner announcing plans to form a parallel government. A western Ambassador is quoted as saying that they tried for hours to persuade the ECK to do a recount of the votes using original results but the commission refused. The elections the Ambassador said emphatically were rigged.

Urging Kibaki to honour the outcome of the elections outcome, Raila said Kenyans have spoken and must be listened to. Addressing an international news conference at the ODM pentagon offices, Raila said “The people know that they voted to eject the incumbent and put in place a President and a government they have faith in. That is why they have elected me President” “Kenyans are deeply disturbed and angered by the attempt of this Government to steal this election through a process that was fraudulent at every step of the way.” he added.Raila Odinga said he will not accept a win for Kibaki when the polls showed otherwise but rejected the possibility of doing an Abiola in Kenya in reference the late Moshood Abiola in Nigeria who declared himself President in Nigeria in the early 90s after his election was annulled by the military government. The consequences of declaring Kibaki President he said could be tragic for the country “If they go ahead and declare Kibaki the winner, the consequences are too grave to contemplate ... look at Ivory Coast one of the most successful countries in West Africa ... we want to remain peaceful, prosperous and democratic.” Odinga warned. Revealing that dissatisfied ECK members had provided ample evidence of the fraud in favour of Kibaki, Odinga said despite the deeply flawed nature of the entire process, the result was still in his favour.

The international community led by Britain and the United States has limited itself so far in the appeal for an end to the violence. The United States was quick to retract earlier signals congratulating Kibaki probably following strong evidence on the irregularities in the vote count. The Commonwealth, of which Kenya is a member, had a high profile observer mission led by former President of Sierra Leone Ahmed Tejjan Kabbah in the country for the elections which in a statement called for calm, urged leaders of political parties to meet, and the need for electoral petitions to be dealt with in an expeditious manner possibly with regional and international assistance.In the past countries like Zimbabwe have incurred the full wrath of the Commonwealth over allegedly flawed elections and observers may be keen to see if the government of Kibaki will face the same music or double standards will prevail and Kenya left with more than a pat on the cheek.

The African Union (AU) which considers unconstitutional accessions to power as anathema has characteristically been slow to respond, with the European Union and the United States trying to act more in seeking common ground. Reports of a trip to Kenya by AU Leader John Kuffour of Ghana appeared shelved as of the moment.Yet the scale of bloodshed ,violence and the very nature of the crises necessitates a strong reaction from the continental body to reassure skeptics who still see in it a club of old comrades in power.

In a dramatic move, the Kenyan Attorney General Amos Wako has called for an independent investigation into the vote results that led to the victory of Kibaki.Speaking on state television; he said a proper tally of the valid certificates should be undertaken immediately.

Known for its booming tourist industry and with one of the highest growth rate in the continent, the elections were seen by many observers as a litmus test for the young democracy of Kenya. The bloodshed, violence, and chaos that followed the elections are an indication that the country is not yet uhuru or free. It may take a lot of political tact, maturity, tolerance and a spirit of genuine reconciliation to heal the wounds and bad blood generated by the elections which are a setback for democracy not only in Kenya but across Africa.

Some see in the 76 year old Kibaki the good fortune of the Kenyan economy with a rather impressive growth rate. Alongside his nemesis of today Raila Odinga, he was part of the coalition that obtained a landslide victory in 2002 ending the 24 year strangle hold of Daniel Arab Moi at the helm of Kenya. It was long before he fell out with Odinga who quit the government. The anti corruption war that he embarked upon yielded little dividends in his first mandate .The victory of the opposition in most of the parliamentary seats certainly herald very turbulent times ahead for him. Key figures in his administration including the vice president Moory Awori and some twenty ministers were floored in the elections. Former President Arab Moi, who surprisingly threw his weight behind Kibaki, saw his three sons vying for parliamentary seats fail woefully.

Raila Odinga has dedicated his life to public service, first as a university lecturer, then in establishing the Kenya Bureau of Standards, always as a civil rights activist, and finally as a member of parliament. Raila became MP for the cosmopolitan constituency of Langata, Nairobi, in the general election of December 29, 1992, and retained his seat in subsequent general elections in 1997 and 2002. The first nine years were spent in opposition, first in Ford-Kenya and then in the National Democratic Party, but in 2001, Raila was appointed minister for energy in the Kanu government. Later, as member of the Liberal Democratic Party, he was part of the National Rainbow Coalition (Narc) that won the 2002 general election and broke Kanus stranglehold on power since Independence in 1963. Raila was thereafter appointed minister for roads, public works, and housing. He was replaced in the cabinet at the end of 2005, after his opposition to doctored constitutional reforms led to a referendum victory against the government.

During his four years as a cabinet minister, Raila effected extensive reforms in the ministries he served. But he is perhaps better known for his persistent and dedicated opposition to all that is corrupt, to decisions made on the basis of ethnicity, and to the accumulation of wealth by a few at the expense of the many. His opposition to successive governments that have looted his beloved Kenya has led him into three periods of detention without trial. He was detained for a total of eight years, six of them spent in solitary confinement. No matter the personal cost, Raila shuns any option that involves compromising his own or the nation's integrity.

As the MP for a constituency that houses a large number of Nairobis urban poor, Raila has initiated several poverty-alleviation and education projects, including Kibera slum upgrading and the Raila Education Centre. His aim is to ensure good quality of life and education for all.

Should the status quo prevail, there is little doubt that the 62 year old Raila Odinga would continue in his relentless crusade for the third liberation of Kenya, one he considers fraught with corruption and ethnic favouristism that have bedeviled the economic and social progress of the nation for over forty years.