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2013 / Valuing Speech and OSINT in the Face of Judicial Deference 444
Democratic Movement (ODM). 310 The initial results gave Odinga a strong
lead of several hundred thousand votes. 311 However, as days passed and the
tally continued, Odinga’s lead disappeared. 312 When the Election
Commission indicated that Kibaki was now ahead by a small margin, the
Odinga camp claimed this was the result of rampant electoral
manipulation. 313 EU observers characterized the election as flawed 314 and
noted that there was substantial evidence of fraud on both sides. 315 Tribal
violence broke out almost immediately after the Electoral Commission’s
declaration of Kibaki’s victory, with attacks focused on Kikuyus, 316 the
ethnic group to which Kibaki belongs. 317 The ministry of security ordered a
310 See Jeffrey Gettleman, Election Rules Complicate Kenya Race, N.Y. TIMES, Dec. 25, 2007,
http://www.nytimes.com/2007/12/25/world/africa/25kenya.html?_r=1&ref=railaoding
a (predicting that the close election and vague election law would cause violence and
quoting one western diplomat: “We just hope it’s not close”).
311 Nicholas Soi & Robyn Dixon, Close Race Spurs Riots in Kenya: President Closes in on
Opposition's Lead Both Claim Victory, THE BALT. SUN, Dec. 30, 2007,
http://articles.baltimoresun.com/2007-12-30/news/0712300076_1_kenya-presidentmwai-kibaki-odinga.
312 Id.
313 ODM Claims Police Used in Election Fraud, SOWETANLIVE.CO.ZA, (Dec. 27, 2007),
http://www.sowetanlive.co.za/sowetan/archive/2007/12/27/odm-claims-police-used-inelection-fraud;
see also ORANGE DEMOCRATIC MOVEMENT, REPORT BY THE ORANGE
DEMOCRATIC MOVEMENT ON ELECTION FRAUD AND MALPRACTICES COMMITTED BY
THE ELECTORAL COMMISSION OF KENYA IN FAVOUR OF MWAI KIBAKI IN THE
PRESIDENTIAL ELECTIONS (Jan. 2, 2008), available at
http://www.pambazuka.org/actionalerts/images/uploads/ODMreport.pdf.
314 Mike Pflanz & Natalie Paris, EU Calls for Inquiry into Kenya Election, TELEGRAPH.CO.UK,
Dec. 30, 2007, http://www.telegraph.co.uk/news/worldnews/1574243/EU-calls-forinquiry-into-Kenya-election.html;
Jeffrey Gettleman, Disputed Vote Plunges Kenya Into
Bloodshed, N.Y. TIMES, Dec. 31, 2007,
http://www.nytimes.com/2007/12/31/world/africa/31kenya.html? pagewanted=all.
315 Jeffrey Gettleman, Disputed Vote Plunges Kenya Into Bloodshed, N.Y. TIMES, Jan. 7, 2007,
http://www.nytimes.com/2007/12/31/world/africa/31kenya.html?pagewanted=all&_r=
0.
316 Jeffrey Gettleman, Kenya's Kikuyus Are Now Target of Rival Tribes, N.Y. TIMES, Jan. 7, 2008,
http://www.nytimes.com/2008/01/07/world/africa/07iht-
07kenya.9047314.html?pagewanted=all.
317 There is good evidence that agitators helped exacerbate ethnic tension by sending mass
text messages directing recipients to slaughter members of targeted ethnic groups: “Fellow
Kenyans, the Kikuyu’s have stolen our children’s future . . . we must deal with them in a
way they understand . . . violence,” and “No more innocent Kikuyu blood will be shed. We
will slaughter them right here in the capital city. For justice, compile a list of Luo’s you
know . . .we will give you numbers to text this information.” Susan Benesch, Words as
Weapons, WORLD POLICY INSTITUTE (Spring 2012),