Skip to main content

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.

Comments

Popular posts from this blog

ELECTION LAW AMENDMENTS

WHY ELECTORAL AMENDMENTS ARE A RECIPE FOR CHAOS. I think these amendments to electoral laws are the ultimate recipe for war and violence. The laws open a legal conundrum which even lawyers cannot unlock. I see a situation in which more than one president will be announced winners if the elections are to be held. Come to think of it. If three commissioners with one acting as the chair can declare a President then the probability of Kenya declaring two presidents concurrently is more than half. It is obvious, the chairman can disappear in the like manner Chris Chege Msando disappeared. Shit do happens. If this happens and the vice assumes the powers of the chair to declare a candidate validly elected president or any other member then voila! If there is a law that will haunt the nation, it is these impromptu amendments. We can run and run from the fact of the matter; these amendments are engineered to create a conducive atmosphere and act as an incentive to rigging. After the ci

CHIEF JUSTICE IS ALSO THE HEAD OF A BRANCH OF GOVERNMENT.

CHIEF JUSTICE IS THE HEAD OF JUDICIARY. In the principles of separation of power, The President is not the head of government. He is the head of state. He heads one arm of the government called executive. The chief justice is the head of Judiciary (not attorney general). He is the president of the supreme Court - the highest court of the land. Then there is the Speaker, who is the head of parliament. Most of the times many have thought the attorney general heads the Judiciary but no. Attorney general's chief role is advising the president and parliament. He is an ex- officio member of parliament and also a member of the executive. He is part of the cabinet which forms the executive. Parliament, both Senate and Legislative assembly are charged with making laws. The executive implement those laws and other functions while Judiciary reserves the decision as to who has violated aIntern the laws and interpretes the law and the extent and impacts of those transgressions. From t

HOW ATTACKING YOUR OPPONENT WORKS AGAINST YOU

HOW JUBILEE CAMPAIGNS FOR NASA Duale has encouraged a majority of Kenyans to send money to pay bill  991444 and your ID number as the account number. It takes men of resolve to stand on the side of truth, democracy and burry the culture of bungling presidential elections. All first and second liberation was never on a silver splatter. The third liberation even if it does not come through Raila will be the most contested compared to the former two. A new Kenya is an expensive venture, Kenyans must be ready to go the extra mile.  Kenyans will brace every hardship to the confines of  their pockets. Remember Some people like Samantha Pendo who knew nothing about elections paid with their dear lives. Many people have paid the price with their blood, it can't be equated to sending ksh 10 free of charge courtesy of Safaricom. I pity majority leader Adan Duale, he thinks he can take on Raila as his equal in a duel but every time he speaks about Odinga, the latter gains lots of p