A Historic Judgement
Judges of the supreme court of kenya
Kenya is a sovereign state in East Africa. Kenyans held their general elections on the 8th of August 2017. This was the fifth general Elections to be held since independence in 1963. The results of the presidential elections were disputed by the opposition coalition named the National Super Alliance(NASA) whose presidential candidate in the just concluded election was Raila Odinga. The opposition then moved to the supreme court and filed a petition again his main rival, the incumbent president Uhuru Kenyatta of the Jubilee party.
The opposition accused the electoral body of having compromised their system to declare Uhuru Kenyatta the winner of the presidential elections. The opposition argued that the incumbent did not win the elections as announced by the electoral commission. They therefore moved to the Supreme court which is the highest court in the land to petition the reelection of Uhuru Kenyatta.
The whole process of moving to court was seen as a repeat of the 2013 elections where Raila Odinga lost his petition against President Kenyatta. As such, there was very little to expectations that the verdict this time around would be any different. This was due to the fact that Uhuru Kenyatta insisted that he won the elections and the case in court did not have any evidence to nullify the elections.
The past two weeks since the filling of the petition have been full of anxiety. We were all waiting and wondering what would be the outcome of the contest in court.Everyone was keen to follow the proceedings hoping for the best as they prepare for the worst. The lawyers from the different political divide and the electoral body appeared before the court to present their evidence and counter the accusations directed to them. This was indeed a heavy task on both parties. A lot of debate and articulation of issues was seen in the better part of this ending week. After all the struggle in representing their clients, the final ruling was left to the six judges on the bench.
Today, September 1st, was the most awaited and anticipated day in the long wait as it was the day for the final judgement to be delivered to the nation.The judges of the high court took to the bench at 11:30 am East African Time. A bit of protocol was followed then the main business was to begin...the final verdict declared. Little did we know that it was going to be the most shocking and historic judgement of our times.
After two of the judges declared that they dissented against the Supreme Court majority decision, the chief justice read the final decision of the majority of the judges,“A decision is hereby issued that the elections held on August 8, were not conducted in accordance with the Constitution and the applicable law. The results are therefore invalid, null and void,” Chief justice David Maraga said. This was one peculiar judgement ever made in Africa!!
It was a shock, a big shock to the country and the continent at large. It has never been seen before neither has it been witnessed in any other African country . The courts decisions have always been interfered with by the executive wing of government! For a long time, the executive has influenced the judicial processes and outcomes in cases it has interest in. Therefore, any decision made by the judiciary is done according the position of the executive.
This day will go down in History as the day when real democracy was served to the people. The judiciary having been free and independent to make their decisions without interference. This is indeed a new dawn for the country and the African continent at large. It can not be taken for granted that such a weighty and serious decision could be taken in this part of the world. This is with no doubt a great indication on the steps of growth in our democracy. A position where the different wings of government can work independently to counter-check and ensure credibility and responsibility in delivering their duties as stipulated in the constitution.
In conclusion, a new era is here. An era of the rule of law and respect to the democracy where the will of the people is expressed without any threats. A new beginning of accountability and responsibility. This is the Genesis of a free and Fair country and continent. I believe this historic day will be remembered in the future days of my country Kenya and the world.