‘Time Tanzania borrowed a leaf from Kenya’s elections’

Dar es Salaam. A decision by Kenya’s Supreme Court to uphold last month’s election of William Ruto as the fifth president of Kenya gives Tanzania vital lessons in as far as democracy and the need for a new constitution are concerned.

On August 15, Dr Ruto was declared president-elect of Kenya having won 50.5 percent of the vote, his main rival Raila Odinga gaining over 48.5 percent of the counted vote, challenged the results in court.

And yesterday, the Supreme Court upheld William Ruto’s victory in the August 9 presidential election, ending weeks of political uncertainty and delivering a blow to challenger Odinga who had alleged fraud in the poll.

“This is a unanimous decision. The petitions are hereby dismissed, as a consequence we declare the first respondent (Ruto) as president-elect,” Chief Justice Martha Koome said.

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Views by analysts and stakeholders

Speaking to The Citizen, a cross-section of political analysts and politicians say Tanzania must learn from its neighbour by having a new constitution through which a system of checks and balances rooted in the three pillars of the State will be created.

“For instance,” said Dr Stephen Kimondo, a senior lecturer at the University of Iringa, “A constitutional reform is a must if we are to conduct credible elections. And, I suggest we start from where Judge Warioba’s commission ended.”

Dr Kimondo was of the view that with a constitution then, independent judicial and electoral commissions will be guaranteed.

“Private candidates are allowed in Kenya; this is due to the fact that sometimes party politics infringe upon the rights of its members,” he added.

The university don applauded the Kenyan electoral body saying they had done their work independently, transparently, and diligently and that he admired such to be happening in Tanzania.

Moreover, he showed doubts towards the competency of Tanzania’s election body and the judicial system due to their nature.

Mr John Mnyika, the Secretary General of the main opposition, Chadema, tweeted saying: “The decision by Kenya’s supreme court in relation to the August election, has gradually shown the necessity and motive for the country [Tanzania] to have a new constitution.”

“The new constitution will guarantee and enable the country to have an independent electoral commission, and judicial independence, as well as other reforms that will enable structural and institutional change,” he argued.

Prof Suzan Mutalemwa, an independent political analyst, highlighted the need for constitutional reform: “It is important, therefore, to see that we restart our process of having a new constitution and in my view, the Warioba draft is where we should begin”.

According to her, the Warioba draft provides what the country needs, including an independent electoral system. In fact, it is important to have an election commission as an independent, non-partisan body with responsibility for oversight of elections and other related matters.

Furthermore, Prof Mutalemwa urged: “The new constitution will also help in matters related to judicial practice, in fact, the rule of law requires judicial independence so that people can take their disputes to court and have them resolved according to law.”

Therefore said she: “Without judicial independence, justice to all without discrimination would be undermined, and as a result, public confidence in the country’s judiciary system would be eroded.”

But Ms Margaret Sakaya, who is the Secretary General to CUF said: “The election process was credible, since day one it was open, even the media could report each and everything, the election was free and fair, even the court did their job without interference.”

According to Ms Sakaya, the Kenyan election is not only a lesson to Tanzania but the world at large as it has displayed a matured democratic nation running its election.

“In Tanzania, if you don’t have money, you can’t win an election, Kenya has taught us that you don’t need money, you need people’s support, the Kenyans when it comes to something of national interest, they always put aside their political ideologies,” she acknowledged.

Adding: “Even when the presidential results were challenged, people waited calmly and the court did a commendable job. It showed maturity and independence, so we need to emulate what our neighbours have shown us.”

Read on: Kenya poll petition verdict: The highlights

Respect but disagree

Meanwhile, Mr Odinga said yesterday that he respected the ruling by the Supreme Court but added that he disagreed “vehemently” with the verdict.

“We have always stood for the rule of law and the constitution. In this regard, we respect the opinion of the court although we vehemently disagree with their decision today,” he said in a statement.

After results showed him losing by less than two percentage points, Odinga had filed a petition alleging fraud in the vote tallying process and complaining about the management of the poll by the Independent Electoral and Boundaries Commission (IEBC).

“Our lawyers proffered irrefutable evidence and the facts were on our side, unfortunately the judges saw it otherwise,” Mr Odinga said.

“The judgement is by no means the end of our movement. In fact, it inspires us to redouble our efforts to transform this country into a prosperous democracy,” he added, saying his camp would be communicating its plans “in the near future”.

Hand of brotherhood

Speaking later in the day, Dr Ruto pledged to extend “a hand of brotherhood” to his rivals after the Supreme Court upheld his victory in the August 9 presidential poll, following a legal battle with challenger Raila Odinga.

“I extend a hand of brotherhood to all my competitors and to all their supporters. We are not enemies, we are Kenyans,” Ruto said in a speech following the court decision.

The verdict capped a prolonged political process, including an election campaign dominated by mudslinging and fake news, with many observers fearing that the dispute over the result would boil over into violence.

But on Monday, Dr Ruto struck a conciliatory tone, saying his government would work “to make Kenya a country for everyone”.

“Our election and judicial institutions have won,” he said.

As deputy president, Dr Ruto was widely expected to succeed outgoing President Uhuru Kenyatta, but found himself exiled to the sidelines when his boss struck an alliance with former foe Odinga, endorsing him for the top job.

A businessman with a rags-to-riches background and a shadowy reputation, Dr Ruto had styled himself as “hustler-in-chief” and champion of the downtrodden as Kenya grapples with an economic crisis.