CHRR says Kenya presidential re-run lesson for Malawi to reform electoral laws

Centre for Human Rights and Rehabilitation (CHRR) has said the courageous decision by Kenyan Supreme Court to nullify the re-election of President Uhuru Kenyatta is a win for democracy and that Malawi should learn lesson and avoid chaotic elections in 2019.

Mtambo: Kenya court decision is a win for democracy and Malawi should learn lessons

The six-judge Supreme Court, acting on a petition from the challenger, opposition leader Raila Odinga, ruled that the breakdown of the system in which ballots were to be transferred to a publicly accessible online site rendered the results of the presidential election “invalid, null and void” and  presidential election will be re-run on 17 October where only President Kenyatta and Odinga would be on the new ballot.

The decision is the first time in African history that a supreme court has upheld an opposition challenge in a presidential election and ordered a re-run.

“CHRR trusts the historic Kenyan Supreme Court decision will reverberate across African countries still embroidered in chaotic electoral laws and systems,” CHRR executive director Timothy Mtambo told Nyasa Times.

He said the shock verdict in Kenya is a painful slap in the face of Malawi electoral laws.

“As a lesson, Malawi electoral laws must be urgently reviewed to provide enough redress mechanisms for complainants before the winner is declared or inaugurated,” Mtambo said.

“Malawians don’t deserve a repeat of 2014 scenario when the winner was announced at mid-night despite a compelling demand to adequately look into cases of numerous irregularities that crept into the electoral process,” he added.

CHRR also calls upon the government, law makers and stakeholders to make swift steps on the 50+1 electoral system ahead of the 2019 polls.

“Simple majority does not have any room in a true democratic dispensation.  Elected leaders should be supported by legitimacy from voters, not out-of-tune laws,” Mtambo said.

He said the Kenyan Supreme Court has done a major service to democracy in Africa and the rule of law, and has provided a needed lesson to international observers.

Daniel Wesangula , features writer who specialises in human rights, wrote in The Guardian  that that the ruling will come to represent the dawn of a brave new judiciary  that will not be afraid to stand for truth in the face of an intimidating executive.

Too often in Kenya, as is in many other African countries, the line between the two is a distant blur, with the judiciary widely used to rubber-stamp the whims of the executive, he wrote.

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6 years ago

This is great. How I wish we had courageous judges like the ones in Kenya. Unfortunately we only have the timid judges who can announce the results at mid night and have sworn in ceremony taken within 3 hours after announcing the results.

Milton Dangaya
Milton Dangaya
6 years ago
Reply to  Omex70

The Court in Kenya, just like the Malawi High Court during the 2014 elections, ruled in favour of the opposition. By the way, the results were announced at midnight because per the Malawi Constitution, the results had to be announced by midnight that day. Blame the constitution. Odinga appealed to the Supreme Court after the results were released. After the Malawi results were released why didn’t Joyce Banda and Chakwera appeal to the Malawi High Court?

tiyani mabunda
6 years ago

and yet our stupid election had more and very serious irregularities than the one in kenya!!!!!!!!!!!

6 years ago

Kaitano kungomaliziratu kkkkkkkkk kumeneko ndiyekulankhula m’bale palibe za re-run kapena chaos in Malawi because we are changing the govt full stop. We don’t want govt run by educated fools like this one.

6 years ago

There will be no chaos in Malawi because we all know that we are changing the Government.

God Bless Malawi

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