The Unacknowledged Constitutional Crisis In Kenya: Kenya Election

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Kenya Election
Kamuru, Marilyn. The Unacknowledged Constitutional Crisis in Kenya. Elephant, 3 Nov, 2017, /features/2017/11/03/the-unacknowledged-constitutional-crisis-in-kenya/. Accessed 20 November 2017.
According to Marilyn Kamuru, Kenya is already facing a political and a constitutional crisis. On August 8th, 2017, Kenya had its election and the Supreme Court nullified the presidential election results which indicated that the incumbent, Uhuru Kenyatta, had won. After the nullification, the executive and the legislative arms of the government took turns criticizing the ruling. The above statement forms the basis of the author’s claim that the country could indeed be headed for a constitutional crisis. Kamuru juxtaposes the attacks on the Supreme Court with an executive that is out to dictate and direct the actions of an independent and constitutionally approved institution.
The author believes that the state organs need to act within their constitutional spheres of authority if the country is to survive this period. She concludes by asserting that the supremacy of the constitution needs to be reasserted and that the citizens need to insist on religious obedience of the constitution.
Kenya Election: Fake CNN and BBC News Reports Circulate. BBC, 29 July, /news/world-africa-40762796. Accessed 20 November 2017.
This article from the BBC details how fake news had been in circulation in Kenya before the country held its August 8th election. The article quotes a recent survey which claims that 90% of Kenyans have been consumers of fake news. The said news which are circulated via social media platforms most notably Facebook and WhatsApp are often from reputable sources like CNN and BBC. In another survey, Kenyans did express their concerns over fake news and even seem to agree that certain news stories were fake and deliberately misleading. The problem, as per the survey, is that a majority of the citizens seem to be getting their information from social platforms despite the survey also indicating that traditional media remains the most trusted source.
The intention is of course to sway voters towards one side but so far the polls indicate that no one can amass at least of the total votes cast even though Mr. Kenyatta and Mr. Odinga seem to be close.
Kenya’s Repeat Election gets Green Light after Court Collapses. BBC, 25 Oct, /news/world-africa-41747735?intlink_from_url=/news/topics/c4b75bba-56ca-4db4-80c8-7ef25a77ec64/kenya-general-election-2017&link_location=live-reporting-story. Accessed 20 November 2017.
Kenya’s Supreme Court was scheduled to make a ruling on whether the October 26th repeat elections should be held on 25th October. However, as per this article, the ruling was not made because the court collapsed. Apparently, only two of the seven Supreme Court Judges were present and therefore, the court did not have quorum. The judges had different reasons for missing their scheduled day in court with one Justice Philomena Mwilu failing to appear after her bodyguard was shot the day before the ruling was to be made. The country’s election had attracted international attention but observers have been reducing their involvement.
The article also includes comments by Mr. Odinga who asked his supporters to boycott the election while also transforming Nasa into a resistance movement. While the opposition finds the lack of quorum mischievous and non-coincidental, the government moved ahead and declared Wednesday a national holiday so as to allow people to travel and vote.
Kenya Election: Poll Body Delays Re-run by Nine Days. BBC, 21 Sept, 2017, /news/world-africa-41345250?intlink_from_url=/news/topics/c4b75bba-56ca-4db4-80c8-7ef25a77ec64/kenya-general-election-2017&link_location=live-reporting-story. Accessed 20 November 2017.
After the Kenyan presidential election was annulled, the repeat elections were scheduled for 17 October according to this article. However, as this article states, this date has been changed to 26th October, 2017. Much has been witnessed in the country with even President Uhuru Kenyatta accusing the Supreme Court of staging a coup. After the first election which was held in August 8th, President Uhuru Kenyatta emerged victorious with 54% of the total votes cast but his closest rival Mr. Odinga moved to court to challenge the win. In their ruling, the Supreme Court termed the August 8th polls as ‘neither transparent or verifiable.’ Since the annulment, there has been a wave of protests and demonstrations as the opposition seeks to have the October 26th election moved. Politicians are like always in the thick of things and this article concludes with a warning that if they do not conduct themselves responsibly, the country could be headed for more trouble with more protests.
Leithead Alastair. Kenya Heading for Constitutional Crisis. BBC, 20, Sept, 2017, /news/world-africa-41332076?intlink_from_url=/news/topics/c4b75bba-56ca-4db4-80c8-7ef25a77ec64/kenya-general-election-2017&link_location=live-reporting-story. Accessed 20 November 2017.
In this article, Leithead vividly discusses Kenya’s dilemma and almost certain constitutional crisis. He begins by stating how the decision to annul the presidential election was unprecedented especially in Africa. Kenya had indeed made history but how will the repeat polls be conducted is the big question? The IEBC seems unprepared and with the first presidential election annulled, some might question its credibility to hold a free, fair, and credible election. Sec...