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| Supreme Court judges during court proceedings Image: Courtesy |
The last three weeks have been
characterized by infantile political scenes and irritable political episodes
following the landmark ruling by the Supreme Court to nullify the outcome of
the presidential election. The scenes and episodes in question are nonetheless
hypnotized political rhetoric that outrightly negate and demean the spirit of
constitutionalism.
Honchos, the rank and file,
sympathizers and the passionate supporters of the Jubilee Party and its
candidate, Uhuru Kenyatta, feel aggrieved by the majoritarian decision of the
Supreme Court. In any polity that fashions and attempts to emulate the ideals
of democracy, criticism is certainly warranted. The criticism, however, ought
to be constructive and positive and not destructive and negative. For President
Kenyatta and his camp, negative and destructive criticism of the Supreme Court
is indeed supreme than the otherwise ideal constructive and positive criticism.
In understanding the vile and
bile meted out to the so-called architects of the ‘Supreme Coup’, it is
fundamentally important to revisit the institutional history of the Kenyan
polity. As a country, we are still nursing hangovers of institutional
complicity and conspiracy between the arms of government despite transiting
from the retrogressive Lancaster constitutional doctrine to a more progressive
legal dispensation.
Ideologically, we are
accustomed to the evil antics of the Judiciary shielding the Executive without
the requisite adherence to the rule of law. This culture was engendered by Jomo
Kenyatta, perpetuated by Daniel arap Moi, observed by Mwai Kibaki and now being
affirmed and cemented by Uhuru Kenyatta.
There is no doubt that the
president and his associates are the unrivaled masters of double speak going by
the black and white sentiments uttered in regard to the functions as well as
importance of institutions. On several occasions, the president and his troops
are on record urging members of the opposition to address their grievances
through the courts. In fact, following the opposition’s dispute of the now annulled
presidential election results, Jubilee’s leadership was categorical in persuading
Raila Odinga and his compatriots to seek the intervention of the Supreme Court.
What changed? Is it that the
Jubilee Party expected the Supreme Court to rule in its favor? I find it an extreme
act of political destitution and constitutional disrespect by individuals who
took an oath of office to protect the values and ideals of the constitution to
constantly attack the four judges of the Supreme Court without any legal merit.
Threats by Uhuru Kenyatta,
William Ruto and the Jubilee Members of Parliament to whittle down the powers
of the Judiciary are a subversion of the constitution and more precisely, a
plan to carry out a constitutional coup. Issuance of threats by the Executive
directed towards the Judiciary is an antiquated political antic that
invalidates the maxim of the rule of law. Politically liberated and conscious
citizens should not allow such a warped legal precedence to define Kenya’s
fledgling democracy.
Political propaganda continues
to take centre stage with various plots hatched to oust the four judges who
declared the presidential results null and void. Fallacies by the Jubilee side
of the political divide indicate that there was connivance between the four Justices
and the Raila Odinga led NASA coalition. Propagators of this supposed golden
propaganda are inherently hell bent and selective with facts. In any case, the
actions of Jubilee’s leadership and its proxies amount to fashioning the
doctrine of alternative facts.
At this rate, we are headed
towards a direction where the Executive will be dictating the order of business
in Parliament and what judgments are to be made by the courts akin to the
dubious political games witnessed during the Jomo Kenyatta and Daniel Moi’s
administrations. As a matter of fact, there are two instances under the Jubilee
administration in which the Executive has convoluted with its “tyrannical”
majority in the National Assembly to legislate fishy pieces of legislations. These
tyrannical episodes were during the passage of the Security Amendment Act and
the Election Laws Amendment Act. We should carefully read between the lines.
Independence of the Judiciary
is at stake with judges expected to rule in favor of the Jubilee Party. This certainly
doesn’t observe and adhere to the sanctity of governance institutions. The Jubilee
side of the political divide should stop these juvenile sideshows laced with
outbursts of anger. Remarks made by Jubilee Party’s leadership on the conduct
of the Supreme Court are notoriously dangerous in view of the spirit of
constitutionalism. The president, his deputy and other Jubilee supporters must
demonstrate in deed and not just in mere words that they respect the verdict of
the Supreme Court.
Going forward, Kenyans of
goodwill should not allow the political leadership to suppress and stamp out
the fundamental ideals that informed the genesis of the Second Liberation. To this
effect, institutional independence in accordance with our national constitution
must reign supreme.
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