At last someone in Kenya has
decided to do the right thing, setting in motion the long awaited legal
proceedings that should address the question of the disputed election results.
I
will certainly be one of the many Kenyans who shall follow the case, reported here in the East African Standard , with utmost
interest and with unavoidable anxiety, look forward to its conclusion.
In saying that, one hopes that the issues
brought to the notice of the courts will be adequately addressed and that appropriate
action will be taken without undue hesitation. In the same light Raila Odinga and the ODM's fears of our courts' bias demand from the judges clear reasoned judgements that will stand in the court of public opinion and in validating or nullifying the results as they stand, serve to facilitate an improvement in the state of Kenya.
The process of judicial proceedings is such that it will necessitate the
poring over each and every piece of evidence relevant to the matters surrounding the conduct of the elections taking into account its bearing on the final result and the acceptability of this outcome to the Kenyan people. Such a process bears the advantage of allowing the public to
be fully informed on the exact details and significance of the evidence offered, details that may otherwise be lost to public opinion but lessons from which may save us such grief in the future.
Whilst such public scrutiny is not the norm in electoral disputes, this particular suit is an
exception, representing an effort upon whose outcome the very destiny of our nation may be hinged upon and setting a precedent by which the relationships in Kenyan politics may in the future be governed.
One crucial factor that cannot be over-emphasised is the need for a speedy resolution of the dispute. Unlike previosu cases that have not had a serious national bearing, this particular case features a matter that is holding up national prgoress and keeping Kenya in a state of almost permanent unease. While it is necessary that every last effort is expended in ensuring a thorough analysis, that every last witness is called, and every last incident looked into, the expeditious handling and prompt resolution are demanded of the judiciary now. The greatest attention and resources must be paid the case and Kenya hopes that the matter is settled in the next few weeks.
Finally, it is hoped that the Chief Justice will provide three judges who will deliberate on the case and that these three judges are seen together to represent what passes for a neutral bench. Their combined experience will also prove most beneficial and will give the resolution that added credibility and weight, not just in Kenya but internationally as well.
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I agree with all that you say, however, I think this is a positive move for Kibaki.
There is one problem with the fact that the suit has been filed. As Kenyan Jurist said on his blog, the matter is now sub judice which
I don't think we were nearly ready to shut up. Do you?
-Mwangi