Prime
Four options Kenya’s Supreme Court has
What you need to know:
- I pray that the Supreme Court will deliver a major and terminal blow to the greedy and shameless corruption cartels.
On Monday, August 22, a team of distinguished Kenyan lawyers hired by Azimio la Umoja-One Kenya Coalition Party went to the Supreme Court to file a 72-page petition on behalf of Mr Raila Amolo Odinga and Ms Martha Karua.
The occasion attracted a multitude of Kenyan citizens and media practitioners who went to cover the event. Under Kenyan laws, the Supreme Court has two weeks to hear and render judgment on the case.
I would like to congratulate and thank leaders of Azimio la Umoja for choosing civilised and peaceful ways and means to seek justice and redress in a court of law, rather than pick up guns and other lethal weapons of war to grab power with bloody, destructive and disastrous consequences, as has happened in some African countries.
According to a story published in Daily Monitor of August 23 titled, ‘Odinga to court: Nullify poll results’ hundreds of supporters of Mr Odinga cheered as dozens of boxes of evidence were unloaded from a truck outside the Supreme Court of Kenya in Nairobi.
After the formal filing of the case, Odinga addressed a well-attended press conference at which he did not mince his words and spoke without fear or favour.
In hard-hitting remarks, Odinga told the media and Kenyans at large, “We have enough evidence that it is us who won the election. We didn’t have an election we can be proud of.”
He added that the outcome of the poll represented a “continuing struggle pitting the forces for democracy and good governance against the corruption cartels that will stop at nothing to take control of government.”
Odinga assured Kenyans that “the action we have taken… affirms our deep belief in constitutionalism, the rule of law and peaceful resolution of disputes”.
The ball is now in the court of Kenya’s Supreme Court to hear and render frank, honest and truthful judgment which will save the gallant and peace-loving people of Kenya from another round of post-election violence, chaos and anarchy which nobody should rule out in the prevailing circumstances. It is always advisable, better and wise to prepare for all eventualities.
The Supreme Court has at least four options at its disposal. First, nullify the results declared by Independent Electoral and Boundaries Commission (IEBC) chairman Wafula Chebukati on August 15.
Second, order fresh presidential elections within 60 days; third, order a recount of votes cast on August 9 and fourth, on the basis of outcome of the recount and correction of arithmetic errors made by IEBC declare Odinga duly elected as fifth president of Kenya.
On July 28, Justice Esther Maina of Kenya’s High Court found Mr William Ruto’s running mate, Rigathi Gachagua, guilty of corruption and money laundering and ordered him to refund to the Treasury of Kenya KShs200m (Shs6.4b) of public funds he stole. IEBC should have disqualified Gachagua who is unfit and unsuitable to stand for, let alone occupy, the high office of deputy president.
I believe on the basis of empirical evidence which will be adduced to court in coming days Odinga was the choice of wananchi of Kenya. I hope and pray that the Supreme Court will deliver a major and terminal blow to the desperate, greedy and shameless corruption cartels, opponents of democracy and enemies of the people of Kenya who have manipulated the electoral process to deny Odinga victory.
I hope the Supreme Court will declare Odinga winner because he is clearly the preferred presidential candidate of the wananchi of Kenya, a man whose track record in the struggle for democracy, justice, peace and national unity in Kenya speaks volumes and eloquently for itself.
Mr Harold Acemah is a political scientist and retired career diplomat. [email protected]
Aluta continua!
