Filing election dispute in court the right move

Although there were a few incidents of violence following the declaration of the presidential election result, peace and tranquillity has mostly prevailed. Security agencies must act firmly against crooks taking advantage of the fallout over the polls to cause trouble.

The politicians must urge their supporters to shun hooliganism and let the concerned authorities resolve the dispute. Azimio la Umoja One Kenya Coalition Party presidential candidate Raila Odinga’s rejection of the results of the August 9 poll is hardly surprising. He was absent from the national tallying centre at Bomas of Kenya, Nairobi, on Monday when Independent Electoral and Boundaries Commission (IEBC) chairperson Wafula Chebukati declared Deputy President William Ruto the winner of the hotly contested election.

Mr Odinga’s agents and his allies had stormed out of the venue, which turned chaotic, signalling the beginning of a dispute that is now headed for the Supreme Court. This comes after four commissioners, including the vice-chairperson, disowned the final tally, accusing their chairperson of having unilaterally compiled the figures.

Opinion is divided on the matter, with some experts arguing that Mr Chebukati, as the returning officer of the presidential election, was constitutionally mandated to announce the results. Others insists that he should have first consulted his colleagues and come to an agreement.

Many arguments will be canvassed before the Supreme Court judges for a ruling. What is encouraging, though, is that Mr Odinga and his team have opted to seek legal redress. And the former Prime Minister has called for calm among his supporters as the matter is handled by the apex court.

This is a vote of confidence in the ability by the Judiciary to fairly arbitrate in the election dispute. The Supreme Court set a precedent when it nullified the 2017 presidential election over malpractices, accusing the electoral commission of having committed “illegalities and irregularities”.

It is imperative that the concerned parties maintain peace and calm as they pursue constitutional and legal avenues in search of a just solution and abide by the court’s decision.