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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