2013 Kenyan general election

4 March 2013 (2013-03-04)
Presidential election
Turnout85.91%[1]
 
Nominee Uhuru Kenyatta Raila Odinga
Party National Alliance ODM
Alliance Jubilee CORD
Running mate William Ruto Kalonzo Musyoka
Popular vote 6,173,433 5,340,546
Percentage 50.51% 43.7%
Counties won 20 26 + Diaspora
Counties with 25% vote 33 30

Constituency-level results

President before election

Mwai Kibaki
PNU

Elected President

Uhuru Kenyatta
National Alliance

General elections were held in Kenya on 4 March 2013.[2] Voters elected the President, members of the National Assembly and newly formed Senate. They were the first elections held under the new constitution, which was approved in a 2010 referendum, and were also the first run by the new Independent Electoral and Boundaries Commission (IEBC). They coincided with the 2013 Kenyan local elections.

The presidential election saw Uhuru Kenyatta of the National Alliance (TNA) defeat Raila Odinga of the Orange Democratic Movement (ODM). Incumbent President Mwai Kibaki was ineligible to pursue a third term due to the two-term limit established in Clause 142 of the Constitution of Kenya. This was the first Kenyan presidential election to include a joint-ticket system for deputy president, which was introduced in the 2010 Constitution. Kenyatta was joined on his ticket by William Ruto, while Odinga's running mate was Kalonzo Musyoka. Kenyatta was backed by the Jubilee Alliance, while Odinga was supported by the Coalition for Reforms and Democracy (CORD). Kenyatta was declared the winner with 50.5% of the vote, meaning a second round of voting was not needed. Odinga unsuccessfully contested the results in the Supreme Court.[3]

Background

Election date

The elections were originally scheduled for 14 August 2012 or December 2012 were planned for the election, depending on a court ruling to be issued. The court ruled that presidential and parliamentary elections should be held in March 2013.[4] This resulted in the resignation of several civil servants who wished to enter politics, as required by the Elections Act.[5] On 28 December 2012, the Independent Electoral and Boundaries Commission announced the Notice of General Elections which confirmed polling day as 4 March. The nomination deadlines were set over a period between 29 January and 1 February, with presidential candidates submitting their nomination papers on 29 and 30 January.

Supreme Court

On 13 January, the Judiciary indicated it would hear and determine within two weeks disputes on presidential election results. The Judiciary Working Committee on Election Preparations (JWCEP) announced that election petitions would be certified urgent.[6] These rules were developed in pursuance of Article 163(8) of the constitution which mandates the Supreme Court to make rules for the exercise of its exclusive jurisdiction of hearing presidential election petition.[7]

Voter registration

Voter registration ran from 19 November 2012 for 30 days.[8][9] Problems were reported during the first few days of the registration exercise included availability of electricity, military operations in some areas and logistical challenges caused by rains.[10] Another subsequent challenge was the inability to register prospective voters who were still awaiting issuance of their formal identity documents by the government.[11] On 27 November, the government announced that, due to time and logistics constraints, there would be no attempts to register Kenyan voters in the diaspora.[12] The IEBC later announced a decision to register Kenyan diaspora voters living within the East African Community Countries.[13] The ten-day exercise concluded on 25 December 2012 with low turnout attributed to "logistical challenges". The IEBC estimate was that about 1,700 people registered.[14]

Voter registration was carried out using Biometric Voter Registration (BVR) Kits which would reduce certain incidents of fraud.[15] The purchase of the BVR Kits was financed through a loan from Standard Chartered Kenya in a government-to-government deal involving Kenya and Canada made cheaper by a guarantee from the Canadian government. The Canadian government arranged to have its fully owned parastatal, Canadian Commercial Corporation (CCC), sign a contract with the Independent Electoral and Boundaries Commission (IEBC).[16]

A case was filed in court seeking to extend the voter registration period arguing that Section 5(1) of the Elections Act was in conflict with the Constitution to the extent that it limited continuous registration of voters.[17] The courts however declined request to extend the deadline.[18]

After the 18 December deadline, the IEBC released the provisional voter numbers showing a registered base of 14.3 million voters. The IEBC indicated that they had missed their target of 18 million voters, citing voter apathy as one of reasons for this.[19] The IEBC begun an exercise to clean up the voters' roll with a target of opening it for verification early January 2013.[20] On 13 January 2013 the IEBC opened its voter register for inspection; voters were to verify their details before 26 January to enable the commission clean the register ahead of the poll. The options include visiting respective registration centers, the IEBC website or the use of mobile phone numbers via an SMS service (using National Identity Card or Passport numbers used during registration).[21]

The IEBC announced on 23 February 2013 that it had removed 20,000 voters who had registered more than once from the voter roll. The names were identified during continuing activities to clean up the register.[22]

Electoral system

The 2010 constitution provided for a two-round system for presidential elections, the president having previously been elected on a first-past-the-post basis. In order to win in the first round, a candidate was required to receive over 50% of the vote, as well as 25% of the vote in at least 24 counties.[23][24]

Campaign

Coalitions and alliances

The law required all Kenyan political parties to register any coalition agreements with the Registrar of Political Parties by 4 December 2012. This resulted in several publicised discussions among key political players and their respective parties who aimed to form pre-election coalitions prior to the deadline. Another effect considered likely was a reduction in the number of prospective candidates.[25] Four coalitions formed by the deadline include:

The release of the calendar resulted in several parties opting to hold their nominations on 17 January 2013.[34] The IEBC proposed public school shut down on 17 January 2013, as the schools would be the venue for a significant number of nomination activities across the country.[35] The Government confirmed that public schools would not open on 17 January 2013.[36] The government later announced that Public primary schools would for the second day (18 January 2013) remain closed to allow party primaries to continue.[37] On 19 January the IEBC indicated that political aspirants who lost during respective party primaries are not allowed to defect and seek tickets on other parties after Midnight on 18 January 2013. By law, political parties were expected to nominate their candidates for an election at least 45 days before.[38]

While other parties and coalitions held their nominations early, the Jubilee, Amani and CORD coalitions chose to hold country wide their nominations two days before the deadline. These were marked with disorganization and chaos with protests arising in Nairobi, Nyanza and Central provinces.[39][40]

Further acrimony arose over issuance of certificates by political parties, with over 200 complaints filed with the IEBC disputes and Resolution panel[41] The committee consisted of 4 IEBC Commissioners and one official from the Director of Public Prosecutions office. The committee held its sittings at the Milimani Law Courts in Nairobi. Complaints raised included issuing of certificates not losers, nepotism and discrimination.[42] The committee had seven days to complete the arbitration process with those dissatisfied with the tribunal's decision asked to lodge their cases with the High Court.[43] The panel eventually announced 3 days of hearings.[44] The Panel completed its work on 28 January 2013 dismissing 64 out of 207 petitions following failure by complainants to attend. 29 applications did not need determination as Political parties conceded to the complaints.[45]

Presidential candidates

Minister of Internal Security George Saitoti, second hand man to both Daniel Arap Moi and incumbent President Mwai Kibaki, was expected to be a candidate but died in June 2012 in a helicopter crash. His mixed Masai and Kikuyu heritage was seen as important in light of the violence that followed the 2007 presidential election and the tendency in Kenyan politics for ethnic-based alliances.[46]

Several politicians made public their intentions to run or were speculated to run by media analysts and polling organizations:

Ultimately Joseph Hellon, George Luchiri Wajackoyah, Dishon Kirima and Kingwa Kamencu did not submit papers to the IEBC. William Ruto, Mutava Musyimi and Joseph Nyagah opted to support Uhuru Kenyatta with Ruto being selected as his running mate. Those who stepped down in favour of Raila Odinga included Cyrus Jirongo, Moses Wetangula, Sylvester Wakoli Bifwoli and Kalonzo Musyoka, who became his running mate. Eugene Wamalwa opted to support Mudavadi while Raphael Tuju supported Peter Kenneth who both chose other running mates.

On 24 January 2013 the IEBC begun collecting the initial batch of documents to be used for processing the names of presidential candidates who would contest the elections. Candidate were required to present a letter expressing intention to contest the presidency and lists of 2,000 signatures from supporters in more than half of the 47 counties.[67]

ICC and Integrity court cases

A court case was filed seeking to restrain the Independent Electoral and Boundaries Commission from accepting the nomination of any candidate who has been committed to trial for serious criminal charges under the Kenyan and International law.[68] At the time of the elections, Kenyatta and Ruto were facing charges of crimes against humanity at the International Criminal Court (ICC) [69] following the International Criminal Court investigation in Kenya as a result of the 2007–2008 post-election violence. Although the petitioners withdrew the case on 29 November 2012,[70] a new petition was filed the following day by an NGO that was an interested party in the initial case.[71] On 22 January 2013 High Court Judge David Majanja ruled that three integrity cases filed against presidential candidates and their deputies would be heard jointly. The cases sought to bar Prime Minister Raila Odinga, Vice-President Kalonzo Musyoka, Deputy Prime Ministers Uhuru Kenyatta and Musalia Mudavadi and William Ruto from contesting in the presidential elections.[72] On 25 January 2013 Chief Justice Willy Mutunga appointed five judges to hear the three cases jointly; Mbogholi Msagha, Luka Kimaru, Hellen Omondi, George Kimondo and Pauline Nyamweya. Hearings began on 7 February 2013. On 15 February the High Court unanimously rejected the petition.[73][74]

Debates

The Kenyan media announced their sponsorship of presidential debates set to be broadcast between 26 November 2012 and 11 February 2013 with coverage from eight television stations and 32 radio stations.[75] The debates were postponed to January 2013 to allow completion of the nomination process.[76] On 25 January, the media confirmed the debates would be held on 11 February 2013 and 25 February 2013.[77] Other organisation later sponsored similar though less publicised presidential and vice presidential debates.

The first debate was held on 11 February 2013 at the Brookhouse International School and moderated by Julie Gichuru and Linus Kaikai.[77] Initially, only the six leading candidates were slated to participate. However, a legal challenge by Paul Muite, ensured that himself and Mohammed Dida were added to the participant list.[78] Their addition was so last-minute, that they had to use makeshift podiums that were noticeably different from those of the other candidates. The debate was split into two with a break in-between.

The second media sponsored debate was held on 25 February 2013 at the Brookhouse International School and was moderated by Joe Ageyo and Uduak Amimo.[77] Initially, Kenyatta had threatened to boycott the second debate alleging bias on the part of moderator Linus Kaikai. According to a Jubilee campaign press release, the first debate was 'skewed, shambolic and farcical', while the CORD campaign retorted by accusing Kenyatta of dodging tough questions.[79] Eventually, Kenyatta agreed to participate, and once again, all presidential candidates were involved.[80]

Several churches and Christian organisations supported by Daystar University held presidential and vice-presidential debates,[81][82] which were both broadcast on the Kenya Broadcasting Corporation TV station and intermittently on several other TV stations. The debates were held at the Anglican Church of Kenya's All Saints Cathedral. The focus of these debates were issues and question that the Christians bodies identified as important to them. Aside from the lower publicity, the debates were also characterized by poor turnout by the candidates.

The Central Organization of Trade Unions (COTU) also held a debate which received low publicity and participation of some of the candidates.[83]

Issues

During the campaign Odinga caused as stir when he implied that Kenyatta was among those in possession of huge tracts of land across the country and could therefore not reform the sector.[84] Kenyatta responded by claiming he was clean and that Odinga should respond over his involvement with the Kisumu Molasses Plant.[85] The National Cohesion and Integration Commission (NCIC) however through its chairman Mzalendo Kibunja stated that such statements were a form of incitement.[86]

Kibunja was contradicted by Constitution Implementation Commission (CIC) chairman Charles Nyachae who said candidates should not be prevented from discussing land issues during their campaigns.[87] The recently appointed police Inspector General David Kimaiyo whose name appears in the Ndungu Land Commission's report on illegal/irregular allocation of public land[88] also added his voice asking for politicians not to debate land matters.[89] Rejection of debate on land matters also came from the Anglican Church of Kenya.

Conduct

In mid-August 2012, tribal conflict led to the highest death toll through deliberate killings since the last election. Though the specific instance had no clear motive, past clashes have occurred due to the alleged misuse of land and water resources, however this instance was reportedly larger in scale and intensity. Speculation was made of links to the election amid an increase in political tensions.[90] During and in the aftermath of the political party nominations held between 17 and 18 January 2013 unrest was seen in several parts of the country most notably in Nairobi, Nyanza and Central Provinces[39][40]

The 2013 elections were largely peaceful, other than an incident in the early hours of 4 March just before polls opened, when a gang killed at least six police officers in the region of Changamwe, Mombasa.[91][92] and in Kwale county. The authorities immediately blamed the Mombasa Republican Council (a fringe separatist group that had opposed the elections and believes that Kenya's coastal zone should be a separate country) and arrested some of its members over the incident.[93] Nevertheless, turnout in the affected counties was still high.

Opinion polls

President

First round

Pollster Date Sample Kenyatta Odinga Mudavadi Kenneth Others
Consumer Insight26 February 201344.30%46.80%4.20%
Strategic Research26 February 201343.80%45.70%5.70%
Infotrak Research and Consulting26 February 201344.50%46%4.30%
Infotrak Research and Consulting24–26 February 20133,24445%46%5%2%2.6%
Ipsos Synovate15–19 February 20135,97144.80%44.40%5.20%1.60%1.1%
Consumer Insight14–17 February 201343%45%5%3%3%
Strategic Research14–17 February 20132,50043.90%44.40%6.40%2.80%1.9%
Infotrak Research & Consulting14–17 February 20132,57244.40%45.90%6%1.90%0.5%
Ipsos Synovate14–15 February 20132,50043%43%5%
Infotrak Research & Consulting15 February 20131,65042%45%5%4%1.3%
Ipsos Synovate13 February 20131,07440%37%4%7%12%
Ipsos Synovate31 January–2 February 20132,36540%45%5%2%9%
Infotrak Research & Consulting30 January–2 February 20132,50043%45%7%2%3.2%
Strategic Research30 January–2 February 20132,10042%44%7%2%4%
Smart Octopus20–22 January 20132,40045%32%11%2%7%
Ipsos-Synovate12–20 January 20135,89540%46%5%1%6%
Infotrak Research & Consulting28 December 2012 – 2 January 20131,50039%51%3%3%0.4%
Infotrak Research & Consulting29 October–1 November 20121,50024%35.40%10%2%28.5%
Ipsos-Synovate24–28 September 20122,22930%36%7%14%
Infotrak Research & Consulting17–18 August 20122,40017.30%35%8.50%2%35.5%
Ipsos-Synovate6–17 April 20122,00022%34%5%1%38%
Infotrak Harris Poll11–13 March 20122,40022%42%5%1%26%
Ipsos-Synovate12–19 December 20112,00022%32%1%40%
Ipsos-Synovate15–23 October 20112,00024%34%26%
Infotrak Harris Poll20–23 September 20111,50019%41%29%
Smart Octopus Limited15 August 201123%26%44%
Synovate Research Reinvented15 July 20113,07021.40%42.60%25.6%
Synovate Research Reinvented15 April 201113%38%35%

Second round

Pollster Date Sample Kenyatta Odinga Undecided
Consumer Insight26 February 201346.3%50.6%
Strategic Research26 February 201345.7%51.7%
Infotrak Research and Consulting26 February 201347.2%49.5%
Ipsos-Synovate24–28 September 20122,22950%42%8%

Results

President

CandidateRunning matePartyVotes%
Uhuru KenyattaWilliam RutoJubilee Alliance6,173,43350.51
Raila OdingaKalonzo MusyokaCoalition for Reforms and Democracy5,340,54643.70
Musalia MudavadiJeremiah Ngayu KioniAmani Coalition483,9813.96
Peter KennethRonald OsumbaEagle Alliance72,7860.60
Mohammed Abduba DidaJoshua OdongoAlliance for Real Change52,8480.43
Martha KaruaAugustine LotodoNational Rainbow Coalition – Kenya43,8810.36
James ole KiyiapiWinnie KaburuRestore and Build Kenya40,9980.34
Paul MuiteShem OchuodhoSafina12,5800.10
Total12,221,053100.00
Valid votes12,221,05399.12
Invalid/blank votes108,9750.88
Total votes12,330,028100.00
Registered voters/turnout14,352,53385.91
Source: IEBC

Senate

PartyVotes%Seats
ConstituencyWomenYouthDisabledTotal
The National Alliance3,438,90028.351141117
Orange Democratic Movement2,669,51422.011141117
United Republican Party1,237,78410.20930012
Wiper Democratic Movement – Kenya836,8506.9041005
United Democratic Forum Party514,3584.2421003
Alliance Party of Kenya499,7224.1221003
Kenya African National Union441,6453.6421003
FORD–Kenya418,6303.4540004
National Rainbow Coalition340,7442.8110001
New Ford Kenya191,6331.5801001
Grand National Union177,8231.4700000
Federal Party of Kenya172,2481.4210001
Peoples Democratic Party162,3841.3400000
FORD–People119,6240.9900000
Party of Independent Candidates of Kenya89,1510.7300000
Democratic Party84,1960.6900000
NARC–Kenya84,0030.6900000
Republican Congress Party73,6660.6100000
Kenya National Congress54,8970.4500000
National Vision Party43,5560.3600000
Shirikisho Party of Kenya29,9400.2500000
Agano Party28,2310.2300000
Chama Cha Mapinduzi27,8140.2300000
Labour Party26,0830.2200000
Social Democratic Party24,6500.2000000
New Democrats22,3390.1800000
KADU–Asili20,1390.1700000
Safina19,8920.1600000
Unity Party of Kenya19,8700.1600000
Peoples Party of Kenya18,2150.1500000
Farmers Party15,2890.1300000
Chama Cha Uzalendo14,7310.1200000
National Democratic Movement8,3310.0700000
Mwangaza Party6,7590.0600000
Mkenya Solidarity Movement5,2570.0400000
Party of Action5,1080.0400000
FORD–Asili4,4780.0400000
Restore and Build Kenya3,0980.0300000
Chama Cha Mwananchi2,9580.0200000
Kenya Social Congress2,9080.0200000
United Democratic Movement2,8070.0200000
Progressive Party of Kenya2,6730.0200000
The Independent Party2,5520.0200000
Maendeleo Democratic Party2600.0000000
Independents165,5841.3600000
Total12,131,294100.0047162267
Source: IEBC, IPU

National Assembly

PartyConstituencyCounty (women)Seats
Votes%SeatsVotes%SeatsAppointedTotal
The National Alliance3,044,81024.97723,380,19227.9313388
Orange Democratic Movement2,608,89821.39782,776,21422.9415396
United Republican Party1,509,80212.38621,504,16012.4311376
Wiper Democratic Movement – Kenya682,5975.6019665,5135.506126
United Democratic Forum Party452,5433.7111284,4392.350112
FORD–Kenya429,6703.5210249,9732.070010
National Rainbow Coalition366,2563.003157,0901.30003
Alliance Party of Kenya292,6522.405191,2601.58005
Kenya African National Union286,3932.356140,6351.16006
Grand National Union of Kenya260,5622.140196,7971.63000
Federal Party of Kenya195,7421.613180,8951.49003
Kenya National Congress196,6091.612368,1573.04002
Democratic Party174,4531.430105,2690.87000
New Ford Kenya143,3951.184203,9291.69217
Chama Cha Uzalendo132,2461.082219,9901.82002
The Independent Party132,1591.08154,5580.45001
NARC–Kenya99,7150.821162,9731.35001
Peoples Democratic Party92,2780.761133,7831.11001
FORD–People91,2180.75348,7340.40003
Muungano Party77,2330.6319,8990.08001
National Vision Party74,7370.61053,8760.45000
Agano Party62,4730.51021,0090.17000
Party of Independent Candidates of Kenya54,3370.45073,1430.60000
Mazingira Green Party of Kenya51,3310.420128,4831.06000
National Agenda Party48,1490.39048,2150.40000
Saba Saba Asili46,7930.38000
Restore and Build Kenya37,2800.31051,4390.43000
United Democratic Movement34,9040.29019,0680.16000
Maendeleo Democratic Party34,5640.28184,7440.70001
Progressive Party of Kenya32,7680.27028,3660.23000
Labour Party31,3280.26093,5220.77000
Mwangaza Party29,6700.2406,7560.06000
Farmers Party24,7760.20036,0210.30000
Safina23,5290.19055,7240.46000
New Democrats22,4010.18021,5310.18000
Kenya National Democratic Alliance22,1770.1802,5280.02000
Peoples Party of Kenya21,4540.18029,6930.25000
KADU–Asili19,9070.16117,8340.15001
Social Democratic Party of Kenya18,2840.1507,6840.06000
Republican Congress Party15,7330.13041,6310.34000
Unity Party of Kenya15,2150.12019,6250.16000
Kenya Social Congress12,6630.1004,8950.04000
Sisi Kwa Sisi12,4050.10000
Mzalendo Saba Saba12,1310.10010,8540.09000
National Labour Party10,1990.08000
Shirikisho Party of Kenya8,6100.0702,4900.02000
People's Patriotic Party7,3500.0604,9350.04000
Party of Democratic Unity7,2240.06011,9700.10000
Chama Cha Mwananchi6,2730.05000
Chama Cha Mapinduzi5,2350.040103,4090.85000
Mkenya Solidarity Movement5,2230.0407,0760.06000
Party of Action2,6750.02000
FORD–Asili1,6390.0105,4030.04000
National Democratic Movement1,4430.0106,0210.05000
National Party of Kenya1,3720.01000
UDP8930.01000
NAC7570.01000
Republican Liberty Party3410.00000
National Democrats1820.00000
Alliance of Real Change960.00000
Independents107,8980.88469,1630.57004
Total12,195,650100.0029012,101,568100.004712349
Source: IEBC

Local elections

The 2013 general election will be the first where there would be election of County governors and their deputies for the 47 newly created counties. A total of 237 candidates ran for office. Each county was divided into wards in order to elect County Assembly representatives, with 9,885 candidates running.

See also

References

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  80. Moss and Alasdair O'Hare, Natalie (2014). "Staging democracy: Kenya's televised presidential debates" (PDF). Journal of Eastern African Studies. 8 (1): 78–92. doi:10.1080/17531055.2013.869929.
  81. Presidential candidates set for Churches' debate The Star, 19 February 2013
  82. Abortion, gay marriage lit up running mates debate Daily Nation, 15 February 2013
  83. Candidates face-off in Cotu debate Archived 25 March 2013 at the Wayback Machine Standard Digital, 20 February 2013
  84. Raila says Uhuru can’t be trusted with land reform Standard Digital, 5 February 2013
  85. I am clean, Uhuru tells Raila over stolen wealth Standard Digital, 14 January 2013
  86. NCIC: Keep off historical injustices Standard Digital, 4 February 2013
  87. Nyachae warns against gagging debate on land Standard Digital, 9 February 2013
  88. Report of the Commission of Inquiry into the Illegal/Irregular Allocation of Public Land, Volume 2, Annex 9 Archived 15 May 2013 at the Wayback Machine Kenya Government Press, p234
  89. NCIC warn against hate speech Archived 10 February 2013 at the Wayback Machine KBC, 7 February 2013
  90. Dozens killed in Kenya clashes Al-Jazeera, 23 August 2012
  91. Kenyan police killed as election day arrives The Guardian, 4 March 2013
  92. Polisen förstärker valsäkerhet efter dödliga attacker Dagens Hyheter
  93. MRC suspects arraigned in court over officers murder Standard Digital, 6 March 2013
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