Supreme Court Has Opportunity To Redeem Itself
There comes a time when even the most partisan, tribal, corrupt or most compromised judge would have to say, “No, I am sorry I can’t help you here.” That time is where there’s compelling evidence calling but for one outcome in the decision on the question of whether the elections of 2017 in Kenya were free, verifiable and believable, which is the standard the Supreme Court must apply in resolving issues related to the petition Raila and NASA will file tomorrow.
The onus is on Raila and NASA to make that case and every indication is they will, in which case the onus would turn on the five justices appointed by Chief Justice David Maraga to hear the petition to make sure a decision they render would be deemed to be fair, just and jurisprudentially sound, regardless of who it favors, given the facts and evidence adduced at the hearing on the petition, taking into account the odds are stacked against Raila and NASA by those who hold the key to some of the evidence which may never be accessed.
That will be the only way for the Court to (1) redeem itself from the worst decision rendered in 2013 by the Mutunga Court and (2) prove once and for all Kenya finally has a truly independent judiciary and not one beholden to the Executive.
That test begins with who Chief Justice David Maraga appoints to the panel that will hear the case for that alone can say volumes, given the composition of the court.
For a brief bio of the Justices who may be called upon for this grand hearing, point your browser to Judges to Make Supreme Court Bench
Cautiously optimistic and praying for the right outcome for the sake of peace, unity and democracy in our beloved Kenya.