Protests break out after Kenyan Supreme Court upholds controversial presidential vote

A supporters of Kenyan's opposition party during a demonstration
A supporters of Kenyan's opposition party during a demonstration Credit: ASUYOSHI CHIBA/AFP/Getty Images

Kenya’s supreme court on Monday upheld Uhuru Kenyatta’s contentious re-election as president, a ruling that triggered fresh bloodshed and seemed all but certain to deepen the country’s protracted political crisis.

Two people were killed as police opened fire on protesters who gathered in opposition strongholds, increasing the death toll since Friday to 17, the deadliest phase in three months of violence.

Having overturned Mr Kenyatta’s first election victory in August, the court’s endorsement of the rerun might once have calmed tensions in a country with a reputation as among Africa’s most stable.

However, Mr Kenyatta’s rival, Raila Odinga, boycotted the second poll claiming it would be no fairer than the first, and Kenya remains mired in one of its most serious political crises since independence from Britain in 1963.

People shelter behind a building next to a fire as they demonstrate in Kibera slum, Nairobi
People shelter behind a building next to a fire as they demonstrate in Kibera slum, Nairobi Credit: GEORGINA GOODWIN/AFP/Getty Images

Nearly two in three Kenyans declined to participate in last month's election, but Mr Kenyatta’s government attempted to burnish his international legitimacy by claiming that Britain had rushed to congratulate the president.

A Kenyan government official said that Boris Johnson, the Foreign Secretary, had spoken to Amina Mohammed, his Kenyan counterpart, and had pledged to “deepen” ties with the country in the wake of the court ruling.

The Foreign Office released no public statement of congratulations, as would be customary, prompting speculation that Mrs Mohammed — in breach of normal diplomatic protocol — rang Mr Johnson to solicit congratulations.

Although it is understood a call did take place, the Foreign Office did not disclose who initiated it.

"We look forward to working with the new Kenyan government," a spokeswoman said, adding that the Foreign Office remained "deeply concerned by the outbreaks of violence during and since Kenya's elections".  

If Mr Kenyatta, who will be sworn in next week, is struggling to win enthusiastic support from Western powers, his domestic challenges are even greater.

Supporters of Kenyan President, Uhuru Kenyatta, celebrate in Nairobi
Supporters of Kenyan President, Uhuru Kenyatta, celebrate in Nairobi Credit: AP Photo/John Muchucha

Although his supporters poured onto the streets in parts of Kenya dominated by pro-government tribes, in the opposition’s ethnic heartlands the court’s ruling was greeted with either sullen defiance or outright violence.

Angry protesters set fire to a police station in Kisumu, Kenya’s third city and clashed with the security forces elsewhere.

That there was not greater violence was primarily due to the indifference with which Mr Odinga’s opposition coalition, the National Super Alliance (Nasa), viewed the court proceedings.

Arguing that the court had been intimidated after its first ruling, a claim perhaps given credence when the deputy chief justice’s driver was shot on the eve of the second election, Nasa refused to be part of the petition challenging the president’s victory.

Instead, the petition — seen by some analysts as flimsy — was brought by human rights groups. The supreme court did not explain its ruling, citing time restraints.

Supporters of Mr Kenyatta celebrate in Nairobi
Supporters of Mr Kenyatta celebrate in Nairobi Credit: SIMON MAINA/AFP/Getty Images

Having rejected the option of a legal challenge, Mr Odinga has embarked on a potentially explosive strategy to get opposition-dominated county assemblies to endorse a proposal to split Kenya into two.

After 10 of his supporters were killed last Friday during a police attempt to prevent him holding a rally, Mr Odinga has temporarily escaped Kenya to the Tanzanian island of Zanzibar.

From there, he promise to continue a campaign of “national resistance" to delegitimise Mr Kenyatta’s presidency.

“We in Nasa had repeatedly declared before this supreme court ruling today that we consider this government to be illegitimate and do not recognise it,” he said in a statement.

“This position has not been changed by the court ruling, which did not come as a surprise. It was a decision taken under duress. We do not condemn the court, we sympathise with it.”

License this content