The 2017 presidential election stands as one of the most consequential and legally dramatic episodes in Kenyan democratic history, culminating in the first successful annulment of a presidential election result by a court in Africa. The contest pitted incumbent President Uhuru Kenyatta Presidency candidate Uhuru Kenyatta, running on the Jubilee Party ticket, against veteran opposition leader Raila Odinga of the National Super Alliance (NASA), an ODM-led coalition. The election took place against the backdrop of deep ethnic polarization, unresolved grievances from the 2007-2008 Post Election Violence, and persistent questions about the integrity of Kenya's electoral infrastructure.
The August 8 vote proceeded amid high turnout and relative calm, a contrast to the violence that had marred earlier Elections. The Independent Electoral and Boundaries Commission (IEBC) declared Kenyatta the winner with 54.3 percent of the vote, but NASA immediately rejected the result, alleging systematic manipulation of the electronic transmission system. Raila Odinga filed a petition at the Supreme Court, presenting evidence of irregularities in the results transmission technology that the IEBC had deployed.
On September 1, 2017, Chief Justice David Maraga delivered a historic ruling that invalidated the presidential election, declaring that the IEBC had failed to conduct the election in compliance with the Kenya Constitution 2010. The court found irregularities and illegalities in the transmission of results, though it did not attribute the problems to any specific candidate. The decision, supported by a 4-2 majority, sent shockwaves through Kenyan politics and across the continent. President Kenyatta's furious response—calling the justices "wakora" (crooks)—raised concerns about judicial independence, while opposition supporters celebrated what they viewed as vindication of democratic norms.
The constitutionally mandated re-run, scheduled for October 26, descended into farce. Raila Odinga withdrew from the contest, arguing that the IEBC had not implemented sufficient reforms to guarantee a credible election. NASA organized boycotts and protests, particularly in Luo and Luhya strongholds in Kisumu County and western Kenya, where police responses resulted in dozens of civilian deaths. Kenyatta won the re-run with 98 percent of a dramatically reduced turnout of 39 percent, a result that satisfied legal requirements but lacked democratic legitimacy in the eyes of a significant portion of the electorate.
The crisis deepened Kenya's ethnic and regional divides and exposed the fragility of institutional safeguards. The Kenya Human Rights Commission documented extensive human rights violations during the protest period, including extrajudicial killings, sexual violence, and arbitrary detentions. The security forces' conduct drew international condemnation and raised familiar questions about the role of the Kenya Police History in managing political contestation.
The aftermath brought an unexpected resolution: the March 2018 "handshake" between Kenyatta and Odinga, a backroom reconciliation that sidelined William Ruto Presidency then-Deputy President William Ruto and restructured Kenya's political landscape. The handshake led to the Building Bridges Initiative (BBI), an attempted constitutional amendment that the courts ultimately blocked. The 2017 election's legacy includes both the triumph of judicial independence represented by the Maraga ruling and the sobering reality that electoral disputes in Kenya remain entangled with ethnic mobilization, institutional weakness, and political violence.
See Also
- Uhuru Kenyatta Presidency
- Elections
- Kenya Constitution 2010
- ODM
- Jubilee Party
- 2007-2008 Post Election Violence
- Kisumu County
Sources
- Cheeseman, N., Lynch, G., & Willis, J. (2019). "Kenya's 2017 Elections." Journal of Eastern African Studies, 13(2), 189–208.
- Supreme Court of Kenya. (2017). Presidential Petition No. 1 of 2017: Raila Amolo Odinga & Another v. IEBC & 2 Others. Nairobi.
- Kenya National Commission on Human Rights. (2017). Mirage at Dusk: A Human Rights Account of the 2017 General Election. Nairobi: KNCHR.