Legitimacy of Kenya’s election re-run questioned

The ongoing presidential election re-run in Kenya has been marred by questions of legitimacy, rather than just credibility. The withdrawal of a presidential candidate, Raila Odinga, who still has his name on the ballot, along with other candidates facing legal challenges, has called into question the legitimacy of the electoral process. The Independent Electoral and Boundaries Commission (IBC) has been under immense pressure to ensure compliance with the 60-day deadline set by the Supreme Court. The decision to proceed with the election, despite the challenges, has raised concerns about the overall legitimacy of the process. During an interview on CNBC Africa, Elvis Abenga, Advocate of the High Court, shed light on some of the key legal issues surrounding the election re-run. He discussed the importance of following the electoral laws, particularly in terms of candidate withdrawals and election procedures. Abenga pointed out that while a formal notification to the commission is required for withdrawal, the absence of an official form does not necessarily invalidate the decision to withdraw. One of the main points of contention raised during the interview was the potential for legal challenges following the election. Abenga highlighted the possibility of court cases being brought forward by various parties to contest the outcome of the election. With discrepancies in voter turnout and reports of election boycotts in certain constituencies, the legitimacy of the overall election results could be called into question. The constitution stipulates that a presidential election must be held in every constituency, raising concerns about the validity of the process in areas where elections did not take place. The interview also delved into the logistical challenges facing the IBC in terms of organizing elections in constituencies where voting did not occur. Abenga discussed the legal complexities of potentially rescheduling elections in those constituencies after the 60-day deadline has passed. While there is a possibility of holding elections in the affected areas, it would entail navigating legal hurdles and ensuring compliance with constitutional requirements. Overall, the discussion highlighted the intricate legal landscape surrounding the presidential election re-run in Kenya. The issue of legitimacy has taken center stage, with implications for the credibility of the electoral process. As the election unfolds and results are announced, the legal community will be closely monitoring potential challenges and court cases that may arise. The outcome of the election and the response of the judiciary will play a crucial role in shaping the future of electoral processes in Kenya.