Uhuru Kenyatta wins Kenyan election by a narrow margin

Rival Raila Odinga refuses to concede and sets his sights on court battle over alleged fraud

Kenyatta supporters celebrate his victory in Nairobi earlier today. Photograph: Simon Maina/AFP

International criminal court indictee Uhuru Kenyatta was officially declared the winner of Kenya's presidential election afternoon, although his rival, Raila Odinga, will not concede defeat and a legal challenge, alleging widespread fraud, is certain.

Kenyatta won by the slimmest of margins, earning 50.07% of the vote to clinch a first-round win, in an election that saw a record turnout of 84.9% of registered voters. Kenyans waited for nearly a week for its beleaguered electoral body, the Independent Electoral and Boundaries Commission, to announce the result. So far protests have remained peaceful in a country known for ethnic violence.

"This is a coming of age for Kenya," Kenyatta said in his acceptance speech. "Despite the misgivings of many in the world, we have demonstrated a level of political maturity that surpassed expectation. We voted in peace, we upheld order and respect for the rule of law, and maintained the fabric of our society."

Kenyan media called the election for Kenyatta before dawn after the electoral commission posted results from the last constituencies, but did not officially crown Kenyatta the winner until early afternoon. In the dawn hours, Kenyatta supporters blew whistles and vuvuzelas in celebration.

Boniface Mwinde, 25, is a bus conductor and Kenyatta supporter who went out to celebrate at three in the morning. "I feel very, very good," he said, wrapping himself in a red flag of Kenyatta's party. "I've been waiting to go back to work." Businesses and schools were closed across Nairobi during the long wait.

A Kenyatta presidency has worried western governments, which may have to limit diplomatic contact with Kenya due to the international criminal court charges against him. Kenya is an ally of the west in combating terror in Africa, and Nairobi, the capital, is home to a UN headquarters.

John Kerry, the US secretary of state, released a statement after the election saying America would remain "a strong friend and ally of the Kenyan people", but outgoing assistant secretary of state for Africa Johnnie Carson had previously warned of "consequences" for Kenya's government with Kenyatta in office.

In his acceptance speech, Kenyatta told the international community that he would work with the ICC prosecution. "To the nations of the world I give you my assurance that ... we will continue to co-operate with all nations and institutions," he said.

"However," he added, "we also expect that the international community will respect the sovereignty and the democratic rule of Kenya." Kenyatta has called the ICC charges western meddling in Kenyan affairs.

Kenya's last general elections in 2007 were racked by ethnic violence that killed more than 1,200 people and left hundreds of thousands homeless after disputes over election results. This time Kenyans mobilised against violence with rallies, concerts and online campaigns. Last Monday's vote earned international praise as peaceful and fair.

But electronic glitches and lack of transparency tarnished the vote counting process, stretching the process over six days. Odinga's Coalition for Reforms and Democracy party accused the electoral commission of permitting vote-rigging, and a coalition of civil society groups filed a case against the electoral commission asking for a halt in the release of results, although this was dismissed. Tensions mounted as the long counting process tested Kenyans' patience.

When official results gave Kenyatta the presidency, Odinga urged his supporters to remain peaceful despite losing. "Let the supreme court determine whether the result determined by the [Independent Electoral and Boundaries Commission] is the correct one. Any violence now will destroy this nation forever." Overall, peace held throughout the country, though there were reports of police in the western city of Kisumu dispersing small riots with tear gas and some rock throwing in the Nairobi slum of Kibera.

Odinga alleged "massive tampering of the tallying process," and vowed to go to the Kenyan supreme court for redress. "Democracy is on trial in Kenya," said Odinga. "It is clear that the process of electing a new set of leaders has been thwarted by another tainted election." The case will begin tomorrow, and could lead to another lengthy wait for Kenyans.

But Josh Ogure, an electrician in Kibera who supported Odinga, was not excited about a court battle. "I'm disappointed," he said of Odinga losing the election, "but I don't think there is anything that can change it. I will just now have to move on."