Legal redress: The way to go PDF Print E-mail
Written by Abdul Mote   
Friday, 11 January 2008

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. 


Abdul Mote
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But...sub judice
written by Mwangi Wamae , January 11, 2008
Mote:

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
As the rule has sometimes been interpreted in the extreme sense it means that parties cannot talk about the election results. It may also mean that the full breath and depth of election result cannot be ventilated outside the court process. In short it may mean that we all SHUT UP! We all become slaves to the court proceedings.


I don't think we were nearly ready to shut up. Do you?

-Mwangi
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written by Vikii , January 11, 2008
Well said. I am also happy that at last we are proving to the world that we are not a jungle society. All dispute situations MUST be handled in a manner that is not only civil, but one that is in accordance with the law.

When the ODM claims it does not have faith in the judiciary yet just a couple weeks before the elections they had taken the Safaricom saga to court,one is left to wonder when they lost faith in the courts. You see I am not in any way attempting to give top marks to our judicial system, they can certainly do better. But the argument advanced by the ODM is that we should not take thieves, murderers and rapists to court beause the courts are incompetent. According to the ODM, and through the precedence they want to set, all disputes should be resolved through exchange of stones, disruption of business activities and an all-out-war on the community of the aggressor.

Demanding that the President steps down for being declared winner by an electoral commission chairman they had blackmailed the President into appointing is not only too overbearing, it is crazy. IS it possible that the President just sat in Statehouse and waited for the announcement of the results? Yes, it is. It is possible that the President had absolutely nothing to do with any reported rigging. If there was rigging, it doesnt have to have been engineered by the President or his ministers. It could be by the ECK commissioners. It could be by people not mandated to do that by the President. That is why we have to go to court. Slashing members of the President's community is defeatist and a sign of weakness.

Let us hope the courts will show that they are up to the task. We can only hope that all accusations of rigging from both side of the political divide will be looked into and the best verdict passed.
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written by Anon , January 12, 2008
Great! Now we know the courts wil give us an impartial verdict. We know the courts are packed with KIbakis henchment, and we have see so many cases in the past that have gone by the wayside. In Kenya, you can never get an impartial verdict unless you are aligned to the government of the day. So, let's no kid ourselves that by going through the due process, we will achieve anything, the only thing we will achieve is the long and ardious fact finding mission that will result in nothing just like what has happened with all the corruption cases in Kenya, just add this electoral theft to that list!
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