In Likely Scenarios In Case of Uhuru, Ruto Conviction published in the Star today, I examine the question of what will happen were either or both Uhuru and Ruto were to be convicted at the Hague where they face the very serious crimes against humanity.
This, then, would be the scenario in which the duo is convicted, a petition is filed challenging their holding office under such circumstances and the Supreme Court renders a decision with a view of redeeming itself from the intellectually shallow and embarrassing decision in the Raila and AfriCog decisions.
Were the circumstances to be the same but the Supreme Court wished not to redeem itself but to dig itself deeper into where it finds itself today, the court will simply hold that such a challenge is premature as those convicted would appeal.
The court would cite the constitution itself which provides that the integrity provisions do not come into play until one has exhausted all appeals.
Their decision will be arguably in sound legal footing except it would infuriate even more and create more tensions. There would be no telling what the outcome would be short of violence, not the least being a thirst to “throw out the bums” as the Americans would say. Interesting days lie ahead, indeed.