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Saturday 30 March 2013

Kenyans await ruling in disputed presidential election


NAIROBI | Sat Mar 30, 2013 8:52am GMT
(Reuters) - Kenya's Supreme Court said on Saturday it would issue its ruling no later than 1400 GMT on legal challenges to Uhuru Kenyatta's win in a presidential election seen as a test of democracy, five years after vote disputes triggered widespread bloodshed.
The country's outgoing president called for calm ahead of a decision that will either confirm the victory of Kenya's richest man Kenyatta or force another vote.

Defeated candidate Raila Odinga says the March 4 poll was marred by technical problems and widespread rigging. Both politicians have promised to abide by the court's final word.
"Compatriots: The Supreme Court will deliver its decision not later than 5 p.m. today, Inshallah (God willing)," Chief Justice Willy Mutunga wrote on his Twitter account.
The ruling is expected to address a list of challenges to the result. It was not immediately clear if the timing announced referred to when the court would start reading details of its verdict or the time by which it expected to complete that task.
Police formed a security cordon around the court. Many ordinary Kenyans insist they will not allow a repeat of the violence that killed more than 1,200 people and hammered the economy following a dispute over the last election in 2007.
"We have moved on," said Monica Njagi, 28, owner of an Internet cafe in the port city of Mombasa. "Whatever the ruling, we shall go by it ... We have enough useful lessons from our past."
The peaceful voting in this year's election, and the fact that the dispute is being played out by lawyers not machete-wielding gangs, has already helped repair the image of east Africa's largest economy.
Saturday's ruling will test whether Kenyans trust their reformed judiciary and whether supporters of rival candidates accept the result quietly in a nation where tribal loyalties largely determine political allegiances.
"As the country awaits the Supreme Court ruling which is due this Easter weekend, I call upon all of us to accept the ruling and maintain peace," outgoing President Mwai Kibaki said in a message to mark the Christian Easter holiday.
"ESSENTIAL CONTACTS"
Kenyatta comfortably beat Odinga in terms of votes won, with 50.07 percent versus 43.28 percent, but only narrowly avoided a run-off by just edging above the 50 percent threshold.
Western donors are watching the fate of a regional trade partner and a country they see as vital to stability in a volatile area. They also face a headache if Kenyatta wins.
He is facing charges at the International Criminal Court of crimes against humanity, accused of helping incite the violence after the 2007 vote. Kenyatta denies the charges and has promised to cooperate with the court to clear his name.
Western nations have a policy of having only "essential contacts" with indictees of the court. They say that will not affect dealings with the Kenyan government as a whole, but will worry the issue could drive a long-time ally of the West closer to emerging powers such as China.
Neighbouring African states are also keeping a careful eye on proceedings after they were hit by the knock-on effects when vital trade routes through Kenya were shut down five years ago.
Kenya's economy has yet to recover fully from the pummelling it took after the vote violence, with growth rates still yet to return to levels before that bloodshed.
"My worry is that if the court orders another election, tourism will suffer further," said Mohammed Hersi, general manager of the Whitesands hotel, a top Mombasa resort, saying clients were waiting to decide whether to come.
In the Supreme Court's hearing on Friday, the legal teams reviewed results of recounts ordered in 22 of the 33,400 polling stations after Odinga said more votes had been cast than there were registered voters. Both sides said the recounts supported their arguments.
Odinga's team argued that the failures undermined the vote. Rival lawyers said any irregularities or technical hiccups had an insignificant impact and did not change the overall outcome.
International observers said voting itself was credible, but diplomats say observers did not watch the full five-day count.
(Additional reporting by Joseph Akwiri in Mombasa, Hezron Ochiel in Kisumu and James Macharia in Nairobi; Editing by Andrew Heavens)

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