Democracy on trial or triumph of Democracy? - Let Supreme Court tell Kenyans

It was now just a few more days to elections, historic elections to be precise as this was the first of elections to be conducted under the new constitutional dispensation unlike the other elections that Kenya had carried out this was distinctly different as electorates were going to choose other than the traditional president, member of parliament and ward representatives we were as well tasked  with choosing county senators, governors and women representatives ( a position that I am still opposed to as I don’t understand why we should have an exclusive women post in this era when we claim for equality and equity)

Things were pretty tense, this was an election that pollsters had termed too close to call but what heightened the mood so much was that this was not just an ordinary election with ordinary competitors, it was an election that pitied the country’s founding father’s son to that of the country’s first prime ministers’ son (first president Mzee Jomo Kenyatta and Moluor Jaramogi Oginga Odinga sons were battling it out to become the country’s’ next CEO)

Kenya is a conglomeration of 42 tribes but politically dominated by Luos and Kikuyus, political animosity between these two tribes dates back to the pre independent days when Jaramogi had an opportunity of a lifetime to be the country’s’ first president only to relinquish it to Mzee jomo Kenyatta who was then in custody, Kenyatta reciprocated the generous gesture by undermining Mr. Odinga and making sure that his community  (Luos) were politically and economically marginalized,  this political enmity is so deep rooted and its full manifestation came to a public glare during this electioneering period as their sons were battling it out for the country’s top leadership.

This was equally an election that had international community have a laser focus on its developments. After the bungled 2007 elections that saw Kenya sink to its lowest moments, ICC was to later charge Mr. Kenyatta alongside other 3 Kenyans with crimes against humanity.  It was therefore termed an election of high stakes and with far reaching consequences as it was regarded as Mr. Odinga’s last shot at presidency and Mr. Kenyattas political and survival lifeline.

Kenyans were a worried lot especially after the harrowing 2007/08 experience, even though a great chunk of airtime was dedicated to calling for peace the fear of unknown barred Kenyans from trusting their neighbors especially if your political affiliations were parallel.

Days were moving fast and political temperatures were souring, like any other ‘healthy’ relationship we had one of our major fights during this period, partly because we couldn’t agree on some trivial issues, the political temperatures also did play a role in this. You see I was one of Odinga’s die hard supporters, I was corded to the core (Cord- a term that Mr. Odinga’s team came up with when they joined ranks with Kalonzo Musyoka and  other parties  to steer the country’s agenda forward, theirs was based on reforms, unity and democracy whereas Mr. Kenyatta’s was Jubilee – a coalition that also brought together his co accused Mr. Ruto and other parties, theirs was mainly seen as  a referendum against ICC, pegged on youthfulness ,digital era, they had lofty promises among them providing a solar powered laptop to every primary school child), my partner on the other hand was neither corded nor jubilant and so when he invited me to join him in his elections observations work I politely declined as I wanted to watch Jakom- as we fondly called Jaramogi’s son- take this thing clean and square without any disruptions whatsoever.

The D-day approached first and our voter turnout was only rivaled by Ghana’s at 85%. I have never seen Kenyans so optimistic and so fearful, the stakes were high, battle lines had been drawn and everything was ready to take on this historic moment. 

Prior to elections, Cord team had hinted at some mechanisms that were being put in place to aid Jubilee team manipulate the election results, a claim that was swiftly denied by the Jubilee and named government individuals- rigging was one of the main factors that resulted to bloodshed during 07/08 fiasco. IEBC (taking over from ECK) was set up to restore public’s trust in the electoral body, Judiciary gave the public their word that they would be impartial when determining electoral petitions should they come before them, media also was not left behind in rallying on the peace platform and ensuring that Kenyans remained peaceful during and after the elections.

‘Mum, I know this is hard for you but it seems like your man is losing’, my partner would tell me after IEBC started releasing presidential results that saw Kenyatta take an early lead, there is no way Mr. Kenyatta can beat Mr. Odinga, things are still premature to draw conclusions based on this provisional results, I argued but he knew more, more than I wanted to be told more than I was prepared to hear. Being at the thick of it at Bomas for days and nights he was definitely privy to a lot more of info than what the media would let out of the bag, from his tone I knew things were far from okay.

IEBC would later announce Mr. Kenyatta as president-elect, Mr. Odinga would later term the whole exercise as ‘Democracy on Trial’ whereas Mr. Kenyatta in his acceptance speech  would equally term it as  ‘Triumph of Democracy ‘.

• Was democracy on trial?
• Was it a triumph of democracy?
• Did IEBC fail Kenyans?
• Will Judiciary deliver justice?
• Was media biased?

These are questions whose answers now lie in the hands of supreme court that is mandated with determining the petition lodged by cord challenging the outcome of election results as Mr. Odinga claims that his was victory snatched.

As a great mind would put it:

“CORDS  case is NOT really against JUBILEE.....Neither is it against UHURU.......Its focus is IEBC...JUBILEES victory notwithstanding.......CORD is saying IEBC you were inefficient.

JUBILEE you may have the votes, but IEBC there were irregularities that could have swung the pattern of the election... CORDS case is not targeting UKs legitimacy as president in a fair contest... 

It’s against IEBC lack of reasonable doubt in declaring UK a winner. It’s Not RAO and UK butting heads... It's NOT I HOPE about LUOS and KIKUYUS at leadership TUG of war.... 

It's about solidifying a system that we can never and should never doubt, when it takes over the great government machinery..

It’s a test, of elections that are free of suspicion, a test of our judiciary, in that it can be impartial and solid.....

CORD HAS PURPOSEFULLY put together some of the best legal minds (if not the best) we have in this country..... both the lawyers and the judges... So that the judicial system can prove itself... We say we can try the the ICC CASES LOCALLY? Let’s try this... if IEBC was wrong then the elections should be repeated by any means....

If the elections were beyond reproach then UK should be sworn in, but..... Let it be beyond reasonable doubt. 

Voters always lose if the elections are bad; candidates lose in free and fair elections”

Can’t wait to hear the arguments in the court case