In The Supreme Court Has Spoken Do We Move On? published in the Star today, I ponder this question and note the following at the beginning of the column:
Another Kikuyu has yet again been elected president. Many believe he was not elected but rigged in despite what the Supreme Court said.
For its part, how the Supreme Court came to its conclusion that Uhuru was “validly” elected and further that the elections were conducted consistent with the law remains to be seen as we await the Court’s written opinion.
The Court’s written opinion will establish with some degree of finality whether the decision will be respected by all as being factually and legally sound or dismissed by others as good old fashioned denial of justice for the benefit of those who neither facts nor law matter for the sake of preservation of their selfish interests.
For now, the decision must be accepted as the pronouncement of our highest court of the land and the Court given the benefit of doubt that they have rendered a decision based on reasons they have yet to articulate to persuade those who believe or know there was sufficient electoral irregularities proven to nullify the declaration by IEBC that Uhuru won the presidency when he may not have garnered enough votes to meet the constitutional requirement of 50%+1.
While we await the Court’s written opinion, it’s this writer’s contention and belief that the Court may not have been compromised to render the decision it has as some suggest or believe but may have simply come to the conclusion that Uhuru won more votes than Raila despite the rigging and therefore deserves to be declared president even though he still fell short of meeting the constitutionally mandated 50%+1 requirement.
In other words, the Court simply did away with the 50%+1 requirement as an onerous nuisance and said it’s okay to have a president elected by a less than a majority; after all, how worse could it be: we have had Moi previously elected by a mere 36% when even the most conservative estimates put Uhuru as having garnered close to 49% of the vote.
Read more here.