On 13 August, police said a total of 16 people have been killed in protests. The post-election violence ultimately resulted in the deaths of up to fifty people and over 100 injuries.
Inaugurations It was announced on 13 August that the new Parliament would be sworn in on 22 August, with Kenyatta's second inauguration to follow a week later. However, Kenyatta's inauguration was pushed back to at least 12 September after Odinga agreed to challenge the results in court. It was later announced that the reconvening of the Kenyan parliament was delayed to no later than 7 September due to a petition which was filed by groups affiliated with the Federation of Women Lawyers in Kenya (FIDA- Kenya) over the new parliament's lack of women needed to meet the two-thirds gender rule criteria. Despite the FIDA- Kenya lawsuit, the IEBC announced on 22 August that it will publish the full list of elected Members of the National Assembly and Members of County Assembly later that day and that the gender-rule lawsuit will not be heard in court until 20 September; the IEBC had already published the final results and names of the 47 Governors, Woman Representatives and Senators on 14 August. On 23 August, Kenyatta issued a decree stating that the Parliament will reconvene on 31 August when they assemble to swear in new members and elect respective Speakers and Deputy Speakers. On 29 August, members-elect of the new Parliament officially underwent the process of registering their
political orientation and held their first unofficial meetings in Parliament before being sworn-in. They then met with respective party leaders on 30 August. The
12th Kenyan Parliament was then sworn in on 31 August and various leaders were elected by members of the Kenyan National Assembly and Kenyan Senate to serve their respective houses as well. Permission was granted to allow two agents of both the ruling party and Odinga's NASA party to audit the IEBC results. Odinga's lawyer, James Orengo, alleged afterwards that the IEBC was denying his team full access to the servers and other equipment that transmitted results from polling stations to the tallying centre despite the court allowing "read-only" access. It was later announced on 30 August that the IEBC had submitted all result forms for scrutiny in order to give the Supreme Court a clear picture on how Kenyans voted during the elections. On 1 September, the Supreme Court nullified Kenyatta's election victory and ordered a new presidential election to take place within 60 days. On 5 September, the IEBC set the next presidential election to be held on 17 October. Odinga announced that he would not participate in a new presidential election without "legal and constitutional guarantees" against alleged electoral fraud. The same day, IEBC Legal Affairs officer, Praxedes Tororey, succumbed to sustained pressure from NASA and resigned from her post.
Evidence Evidence was based on examining the forms that represented the stages of vote collection (41,451 of form 34A, 291 of form 34B and one form 34C). The court requested to inspect the originals of all forms. A day before the court delivered its statement, Chief Justice David Maraga said judges on the bench had faced death threats since declaring the election results void and criticized the police for "ignoring calls to act."
Calls to prosecute IEBC officials On 22 September, Mathare MP Anthony Olouch, a member of NASA who runs a
firm called AT Olouch and Company Advocates, The letter also stated, "unless investigation leading into criminal charges and prosecution is commenced within 72 hours [by] this office, our instructions are to institute private prosecutions according to Section 28 of the Office of the Director of Public Prosecutions [Act]."
Doubts of Fair Second Presidential Election On 18 October recently resigned IEBC Commissioner, who fled to the United States, issued a statement declaring that the second Kenyan Presidential election would not be a fair election. The same day, IEBC Chairman Wafula Chebukati expressed skepticism about a fair election as well, claiming the IEBC commissioners were partisan-minded and that he resign unless certain conditions are met to reform the IEBC. On 20 October, the IEBC's chief executive officer Ezra Chiloba announced that he will not be monitoring the election and that starting 23 October, he will take a three-week vacation. Chiloba's departure created more uncertainty over who will monitor the election. On 24 October, the IEBC announced that it would now count back-up paper ballots and not rush to announce the official results based only on numbers sent from the polling stations like in the first Presidential election as well. The same day, Chebukati appointed IEBC Vice Chair Consolata N.B. Maina as the IEBC Deputy National Returning Officer.
Second Petition Filing Honorable Mwau, Njonjo Mue and Khalef Khalifa filed petitions challenging the declaration at Supreme Court on 8 November.This act triggered political deadlock and uncertainty. President Uhuru Kenyatta launched his 24- page response stating his legally elected and accuses the petitioners for being used as NASA 'agents'. He also stated his acceptance on the verdict made to repeat the elections, and further accused the opposition of frustrating IEBC'S capability of handling the elections and attaching the Jubilee administration of interference in the electoral decisions putting it as propaganda. He further denied claims of sing state resources for campaigning and involvement of cabinet ministers in his campaign, voter influence, intimidation and corruption during the repeat polls. NASA defended its withdrawal in the second polls through its Chief Principal Raila Odinga. NASA Co- Principal maintained that the election was a 'sham' and IEBC was at all not independent as its decisions were solemnly made by foreign organs acting as relations officers to the public and the Jubilee Administration.
Kenyatta Inauguration Despite challenges to his second victory, Kenyatta was officially sworn in for a second and final term on 28 November.
Aftermath In 2022, the head of the 2017 Kenya
European Union Election Observation Mission Hannah Roberts, explaining the situation at
Oxford University, said: “"The court was under a lot of pressure because of the political tensions that there were between the two sides and also they had a huge amount of evidence that they had to wade through in two weeks so they had an enormous political and practical load on their shoulders. As the days were progressing we could see more of the rationale that they were following and could start to see that possibly they were going to annull this election. For us that was a very key thing that any decision by a court should be something that has a logic is a logical consequence of the legal framework in a country and the evidence of what's actually happened but still when the decision came it was a huge shock for us because it never happened before." ” For the court to "demonstrate its ability to operate independently by making a decision against the ruling party it was very difficult on a practical level but of course much better than going to the streets and they're being violent on the streets the other aspect that was very apparent to us was the amount of pressure that was being put on the judiciary throughout the election process in 2017 so before during and after the election when they were subject to extremely harsh criticism extensive complaints and intimidation," she said. Ugochukwu Ezeh, researcher at Oxford University, called the ruling an "absolutely radical intervention ... but also justifiable based on a plausible reading of the applicable constitutional and statutory frameworks." He also said that the decision did "reverberate beyond Kenya's borders" and that what he "most admired about the decision was the court's emphasis on the need to conceptualize elections as a process not just as a one day event but to assess, evaluate the quality of an electoral contest we need to look at the process leading up to our voting day." ==References==