I have learned from a reliable source the Supreme Court has been struggling to put together a written opinion not so much so to convince us Kenyans that their decision was right but to avoid being viewed with disdain among the international jurisprudential community.
The Court’s primary concern is having been recently heralded in both Kenya and in international circles as an emerging model of African jurisprudence operating in an independent environment without interference from outside, that notion is on balance and how the court explains its decision will determine whether that notion still holds or not.
In other words, whether the Court is deemed to be finally independent and judicious all depends on its written opinion, an opinion I have also learned from a different source will be issued on Tuesday.
There are a number of factual contradictions flying in the face of the Court’s decision that the Court must convincingly explain but one that stands out the most, is the Court’s own re-tallying which clearly shows inflation of votes in Jubilee strongholds and deflation of votes in Cord strongholds.
Although the numbers evincing this was small in the pre-decision partial results for the Court to get away with dismissing as “insignificant,” which is laughable, anyway, as each vote counts, it is believed the final results of the Court’s own ordered re-tallying shows an inflation and deflation of numbers the Court cannot possibly dismiss as insignificant and thus the reason many are dying to see what the explanation is.
I can confidently state based on what I know there is no explanation the Court will provide that can make sense even to those propagating it.
But something must be offered as an explanation and what that is is what we await knowing it’ll have a direct bearing on the Court’s credibility as the final arbiter of justice in our beloved country.