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Monday
Mar042013

Kenya Feature: A Beginner's Guide to Today's Elections

President Obama appeals to Kenyans to reject the intimidation of violence and host free, fair and peaceful elections


Today's elections in Kenya are seen by many as a key to the stability of East and Central Africa, amid neighbours such as Somalia, the recently-divided Sudan, and the Democratic Republic of Congo.

At the same time, there is the legacy of past election violence and the complication that a leading presidential candidate has been charged with war crimes by the International Criminal Court.

So what is happening today?

The elections are for a new President, MPs, and local representatives. They are the first under the new Constitution, passed in 2010.

What is the background?

In 2007, Kenya was the model of stability and opportunity within an otherwise chaotic region, or so it seemed.

That is why a contested announcement, giving incumbent Mwai Kibaki a second Presidental term, took Kenyans and the rest of the world by surprise, as the verdict sparked ethnic clashes. In two months, more than 1000 people were killed and 200.000 were displaced.

The violence ended when Kofi Annan negotiated a power-sharing agreement between the two rival political parties, creating a Prime Ministerial role for Kibaki's opponent, Raila Odinga.

What are the possible problems today?

The legacy of the 2007 post-election violence, as well as renewed clashes in the past year, has led some observers to warn of conflict after the polling. Civil societies have reported that the public is now preparing by acquiring small arms.

Two of the candidates for the upcoming elections, Uhuru Kenyatta and William Ruto, have been charged with crimes against humanity during the post-election violence in 2007 and will be tried in the Hague later this year. Despite a past as political rivals, the duo has announced an alliance for the elections.

Kenyatta will be facing current Prime Minister Odinga for the Presidency. The race is predicted to be close.

What has been done to ease the prospect of conflict?

Kenya has introduced a number of political reforms to address the flawed 2007 polls. A new Constitution passed in August 2010 has put checks and balances on government bodies, established a Supreme Court. and initiated judicial reforms, with more than a dozen higher court judges being fired over lack of integrity.

What problems remain?

Despite passing a new constitution and conducting judicial reforms, the Kenyan Government has been criticized by human right activists for superficial action. The Kenyan cabinet and parliament rejected several proposals for a special tribunal, mandated to try the persons allegedly responsible for organising violence. Meanwhile, four top government officials have been charged with crimes against humanity at the International Criminal Court in the Hague.

Presidential candidate and ICC suspect Kenyatta has said:

If Kenyans do vote for us, it will mean that Kenyans themselves have questioned the process that has landed us at the International Criminal Court. But that does not mean that we will cease to cooperate because as I have said most importantly we understand and recognise the rule of law and we will continue to cooperate as long as we are signatories to the Rome Statute.

Members of Parliament have urged the government to withdraw from the Rome Statute to avoid an ICC trial. Kenyatta's statement may indicate that he intends to do so if he is elected, risking sanctions and the isolation of the country in the international community.

And as we begin today?

Many workplaces and schools have announced that they will stay closed for the next two weeks. However, others remain hopeful that the elections will be peaceful, convinced that Kenyans have learnt from the past.

Both Odinga and Kenyatta have made their final appeal for votes, stating that they shall respect the will of the Kenyan people and urging their supporters to maintain peace.

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