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SUPREME COURT RULING



MY SUPREME COURT JUDGMENT
I am not a lawyer and as such I am only qualified to render my layman’s submission to the court of public opinion, where one does not apply to be “amicus curiae.” In the court of public opinion everybody is both a lawyer and judge and so I can adduce my evidence confidently and make a ruling on my evidence. I want to usurp this opportunity to tell my one page judgment as Chief Justice David Maraga advised. The Chief Justice invited the public to read the Supreme Court judgment and subsequently make individual ruling.
            Guys I tried to look at Chebukati trying by hook and crook to exonerate the commissioners from the mess and implicating the secretariat. Chebukati clarified they just assumed office a few months ago, coming into an old secretariat. Although the summary ruling of the Supreme Court judgment did not point out the culpability of the first and second respondents, my opinion is; the Returning officers who perpetrated these fictitious and doctored figures are the real culprits here.
            The first thing that we should celebrate as a country is not winning the court case, but as Raila said the growth of our democracy. The invalidation of president Uhuru’s re-election is a manifestation of the growing democratization of Kenya and Africa as a whole.The fact that election loss or malpractice do not necessarily plunge our country into war and that constitution and other relevant laws are the barometer for testing the legality and validity of our elections.
            It is on this premise that I differ with, Senior lawyers AhmedNassir Abdulahi, Fred Ngatia, Patrick Lumumba and the two Supreme Court judges; Lady Justice Njoki Ndungu and Justice Jacktone Ojwang. These learned friends were superficial in their analysis of facts and evidence. In their non-compendious submissions they sought to inoculate illegalities and irregularities under the façade of safeguarding the will of the people. Theses judges and lawyers internally were convicted of the irregularities but opted to uphold the status quo on their own grounds.
            I particularly take issue with Lawyer AhmedNassir. I was appalled with him when he termed the Supreme Court judgment, a political decision and that he is waiting for the detailed judgment which he expects to demonstrate how the irregularities and illegalities would obliterate the computer, generated 8.4 million votes. The answer is, the computer which generated the 8.4 million votes can also demonstrate how the figures can be achieved through the “Algorithm”. Well to answer Counsel Abdulahi representing the third respondent, I would like him to refer to fellow counsel Otiende Amollo’s submission; Y=MX+C with regression and collinearity factor of 0.9977. If my learned fellow lawyer AmedNassir accurately applies this formula, he will obviously obliterate the 8.4 million votes which coincidentally and allegedly correspond to the votes garnered by the petitioner.
            I would like to applaud the Supreme Court, numerical majority as judge Jactone Ojwang opted to call it. This judgment goes down into history as the fairest judgment ever. The Judges who annulled the sham election were driven by wisdom from God. Come to think beyond the box what were the possibilities of judgments, considering it was evident the process of tallying and tabulation was marred with irregularities.
            Think about what would have happened had the Supreme Court declared Raila the winner of the election. By no means could the Jubilee luminaries take that, I believe so. I guess the data in the Europe based IEBC servers “could” be showing something of that kind.
What if the court upheld Uhuru’s re-election with all those pertinent irregularities and illegalities? Would the public in general accept it as justice served or denied? Already we have so many people who have already died whose deaths are connected to the elections including a seven year old girl and a six month infant.
 According to me the only option to deliver the due justice was to order fresh elections as the judges did. Otherwise even if the petitioner was unable to prove how the irregularities affected the results in such a way that it would turn tables in the screens in terms of the numbers each candidate garnered, which is not the case, a shambolic flawed process cannot produce reliable results.
 Flawed processes only produce invalid and illegitimate results so that there is no way the result can be legitimate when the process leading to the results are flawed. In the words of his highness Chief Justice Maraga, “elections are not events but are processes.” The process leading to those results are paramount to the results themselves. This is why I agree with the Supreme Court judgment without taking sides.

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