Far Reaching Consequences Of Supreme Court Judgment
This week, our Supreme Court will render its full judgment giving the ratio decidendi for its conclusions. The judgment will forever alter the election laws and electoral processes in Kenya and Africa forever.
The judgment of the Supreme Court is binding on all Courts, Institutions & individuals in Kenya. In its detailed judgment, if the Supreme Court sets out that IEBC conducted the Presidential Elections fraudulently, recklessly and criminally, then all pending Petitions will succeed.
31 out of 47 Counties have gubernatorial Petitions. Of 290 Parliamentary Seats, there are 92 Petitions. With continued onslaught of the Judiciary by Jubilee Politicians, Jubilee Party may end up holding the short end of the stick in the Petitions outcome.
The By-Elections that will be held in June, 2018, will be Mini General Elections. Between now and then, Kenya will basically be in perpetual campaign mood.
And IEBC now and in future, will be obligated to be truly independent. Never again will it be an appendage of any political party nor its officials be party surrogates. Once one takes oath of office in IEBC, the oath will be real.
And across Africa, Presidents will no longer rest easy on incumbency. To CJ David Maraga, Justices Mwilu, Wanjala and Lenaola, your names are written in the stars.
PS. Threats to whittle Supreme Court power are by MPs are empty threats. Parliament has no such power. Judiciary can only be altered in its powers by National Referendum .