President Early results published by the Kenyan media gave
Raila Odinga a narrow lead of 1,691,679 votes against Kibaki's 1,222,725 in 69 of the country's
210 constituencies. Odinga held a strong lead in vote counting on 28 December, and the ODM declared victory on 29 December; however, as more results were announced on the same day, the gap between the two candidates narrowed. The ECK declared Kibaki the winner later on 30 December, placing him ahead of Odinga by about 232,000 votes. Odinga asserts that the Electoral Commission falsely included at least 300,000 votes for Kibaki in his total. ECK chairman
Samuel Kivuitu said that while irregularities had occurred, they were a matter for the courts, not the Electoral Commission. Following the commission's declaration of his victory, Kibaki was sworn in for his second term later on the same day, saying that he had been told by his people that he had won, calling for the "verdict of the people" to be respected and for "healing and reconciliation" to begin. although the figure was later clarified by Kivuitu in an interview with
Nation Television as due to a double entry of one polling station in
Maragua Constituency on the parliamentary tally and not the presidential tally. According to the
European Union's head election observer,
Alexander Graf Lambsdorff, the elections were "flawed" The United Kingdom's Foreign Secretary,
David Miliband, said that he had "real concerns" about the elections. While the United States initially congratulated Kibaki and called for the results to be respected, it also expressed concern, and on 2 January 2008, a spokesman for the
US State Department declined to confirm US recognition of Kibaki's victory. In a telex from the US Embassy in Nairobi to the State Department in Washington DC [released in July 2012], US Ambassador
Michael Ranneberger set out five scenarios as to who really won the election. He wrote, ‘In all cases the margin of victory for either side is slim and ultimately unknowable’. The telex also noted that there was ‘evidence of rigging on both sides’. Kivuitu said on 2 January that he had been pressured by PNU and ODM–K (Kibaki's and Kalonzo Musyoka's parties) into announcing the results without delay, declaring Kibaki the winner, claiming that he did not personally know who really won. Within minutes of the commission's declaration of Kibaki's victory, ethnically based rioting and violence, primarily directed against Kikuyus, broke out across Kenya, Odinga alleged that "a clique of people around Kibaki" sought to rig the election but said that democracy "is unstoppable, like the flow of the Nile." The ODM announced its intention to hold a ceremony on 31 December in which Odinga would be declared the "people's president", but police said that this could incite violence and that Odinga could be arrested if the ceremony occurred. Odinga said that the ODM would not negotiate with Kibaki unless he resigned, because to do so would mean acknowledging Kibaki's legitimacy; he also said that, unless stopped, the "ruling clique" could rig the next elections in five years as well, and that he was not afraid of being arrested, having been jailed many times in the past. For his part, Kibaki emphasised the importance of peace, stability, and tolerance in his 2008 New Year's message, speaking of the elections as a concluded event and warning that lawbreakers would be punished.
National Assembly Preliminary results showed that Vice-President
Moody Awori and Wangari Maathai both lost their seats. Other notable politicians with the same fate included
Mutahi Kagwe,
Musikari Kombo,
Simeon Nyachae,
Nicholas Biwott, Chris Murungaru,
Mukhisa Kituyi,
Raphael Tuju,
Kipruto Kirwa,
Njenga Karume and
Gideon Moi, the son of former president Daniel arap Moi. The elections were cancelled in
Kamukunji and
Kilgoris. ==Aftermath==