The landmark ruling by the Supreme Court on Saturday the 30th left many bewildered by the outcome which of course was a ruling that replicates the ’92, ’94 and ’97 rulings. It confirmed the fears that democracy is not fought within the corridors of the justice. Clearly in many worlds we have seen how the democratic tendencies have been squashed by the courts. Al Gore of USA, Morgan Tsvangirai of Zimbabwe and the Ugandan Democracy are just but examples.
The events of the 2007/08 are still vivid in the mind of
Kenyans just as those of the 94 genocide in Rwanda. Nobody wishes the swamp of
bloodletting carpeting the sovereignty of this country. This coupled with harsh
economic times that were achieved after the post election violence of’08 has
rather sent the country into a dumb silence. it has seen many looking at the supreme
court ruling as the win of kenya. The chief justice in fact tweeted that the Supreme
Court is not an enemy or friend of anybody and in my own words, holds the
country in equal measure in its fair and just hearing.
Fair and Just
Hearing?
It is undeniable that
the court hearings were fair and equally just as both parties of the political divide
were allowed to present their cases. The hearings were marked with intellectual
maturity except some occasions where some lawyers broke out emotionally to cite
out their political inclination.
The sobriety shown by Lawyers Fred Ngatia, George Oraro, and
Kethi Kilonzo were of high moral standards. They show cased a talent and a mark
of professionalism that made Kenyans believe in the judicial reforms. The played
a perfect, The Firm and a characteristic Boston Legal. They were admired by
many as they articulated their view to the Supreme Court.
One thing that stood out as intriguing as it is beguiling
was the Supreme Court registrar’s peremptorial remarks. They were so dry that
believing her was utter nonsense. Her body language was so distant from the
assurances she gave to the media and you could see in her the true beauty of a
reformed judiciary.
The verdict? The judges did not play Portia as was the case
in the Merchant of Venice. Neither did they play Solomon in his Biblical
landmark ruling. They played Independent Boundaries and Electoral Commission
and the Electoral Commission of Kenya merged into one with their solemn faced
delivery of the verdict which was not more than a sentence long.
The outcome
Anybody who was privy to the just concluded election
petition would agree with me that, African Centre for Open Governance (AFRICOG)
had the strongest case. The Coalition for Reform and Democracy had the weakest
case as per se. Why then was AFRICOG’s case dropped? It is everyone‘s guess.
Did the judges scrutinize the case justifiably? I think that
this was the poorest show in judicial ruling. Basically, the much hyped
judicial reforms were the uniforms, call the name. In My opinion, the wolves in
the judicial corridors had just earned a new sheep’s skin. The expediency that
was emblazoned in the media as judges and magistrates were encouraged to work
to cut down on the back log of cases were silent answered prayers. The vetting
of judges’ remains a mirage all the same; unachieved end.
What Has Democracy
Achieved So Far?
The outcome of the 2002 Election was as a result of what was
famed as true democracy. Emilio Stanley Mwai kibaki won the elections fairly
and squarely. The then Electoral commission of Kenya was lauded for a fair
election done in Kenya’s History. The height of the election came during the
swearing in ceremony where Kibaki promised to make good of his campaign
goodies.
The world watched with untold envy as Kenyans ended the
former president Daniel Toroitich arap Moi’s regime in style. That was the only
achievement democracy in Kenya achieved in her fifty years after independence.
What Remains of
Democracy in Kenya?
Skeptics have it that this elections which are the second in
a row, where Raila Amollo Odinga has lost rather unfairly, could mark the end
of his political life. In many circles, Raila has been regarded as the
strongest fighter of democracy in Kenya. He can be compared to Morgan
Tsvangirai of Zimbabwe. The two have been in and out of prison due to their
activities which are riddled with vote rigging, voter manipulation, vote
counting figure manipulation, the use of government machinery to silence them
and the court humiliation.
The future looks uncertain given that many analysts see the
lack of options on the side of Raila. Many have it that Raila could support
Kalonzo Musyoka in the near future since it is apparent that he(Raila) has
failed over and over again.
Others are that he might rise up again, pick up his tools
and go for it. On phone interview with the BBC, Raila hinted at him continuing
with the fight for democracy.
My question is, is it Raila Amollo’s fight for presidency
here or the fight for democracy? If I
may add another question, Is Raila that hard and tight fisted to accept the
decision of the people? Or is the system so biased that our democracy is in
shambles?
Whatever remains of the right of the majority in this
country is so little to talk about. The future is in limbo. The constitution
acknowledges the sovereignty of the people where the courts are the custodian
but if the events of the past two weeks are landmarks in history, then
democracy in Kenya is on its death bed. The IEBC’s ruling put a final blow to that
only for the Supreme Court to cement it by a rather preposterous ruling.
The survival of democracy therefore remains in the fight for
it within constitutional means for the court are inept in protecting this
fragile element of this countries being as shown in the dismissal of AFRICOG’S
case.
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