The dissenting ruling at the Appeal Court sitting in Nairobi benched by GBM Kariuki, Patrick Kiage and Mohamed Warsame is an interesting one. It is the stinging indictment of the petition of Ferdinand Waititu of TNA against Nairobi governor Dr Evans Kidero.
While the majority carried the day, and axed Kidero, the minority ruling of Mohammed Warsame uses contrasting anecdotes that a commoner reading it from the streets of Kiboswa cannot sift out the law from the chaff of what appears as the judge’s low opinion of the person of Waititu. It is the strong language, bordering, at worse, on absurdity, that frightens both admirers and haters of the city politician.
Sample the tidbits below:
“The contest, literally speaking, is between two men who stormed Nairobi, like many of us, from opposite directions. Both are genius for their self-creation. One is a good friend of enthusiastic journalists and news casters for his propensity to make headline news. The other is a conservative, dignified, image conscious man of the old school of politics,”. – Warsame
“One of them is perceived as an unrestrained populist, best known for taking no prisoners in pursuit of his political goals. The other is an outsider or wild card in the political equation of this county. He is here purely at the invitation of his hard work and credentials. He has no political experience. He is a scholarly and persuasive blue chip manager,”. – Warsame
“On electronic media, one appears to speak English with a lot of difficulty, and with a heavy and prodding tribal accent. One is a man who has paid scant attention to civil liberties in the process of achieving his goals. He is formidable and aggressive, while the other is laid back and hooded in his approach,”. – Warsame
“One thing that is clear is that Hon. Waititu is the darling of the common man, with whom he seems to resonate,”. – Warsame
“On 4th March 2013, Hon. Ferdinand Waititu was in the same political party as the Senator Mike Sonko, and Women Representative, Hon. Rachel Shebesh. Both of his friends triumphed. He is lost for words and breath. It is difficult to imagine Nairobi politics without Hon. Waititu and his ilk. Nonetheless, he was overwhelmingly defeated by Evans Kidero, a perceived outsider to the throne. Maybe Hon. Waititu was deluded by his belief that he is the most popular man in Nairobi,”. – Warsame
“Now, as judges, we are deeply honoured and privileged to determine the opposite and contrasting positions of these heavy weights. Our task is simple, and our duty is clear. Follow the path of the truth and that is through evidence and the law. The judges? job is to scrutinize the law for evidence. The court must subject the evidence of the parties to the most rigid scrutiny, analysis and re-evaluation, to ascertain whether or not the case is based on mere allegations,”. – Warsame
“In this case, the appellant only made a generalized attack on the election of the 4th respondent. He further stated that he thought he was a winner because of the opinion polls that had been published. A belief to win doesn’t guarantee votes. Surveys are not conclusive, and if the surveys were always correct, the appellantwould never have filed his petition.” Warsame
“I also doubt whether the officials, agents and employees of the 1st and 4th respondents would have the capacity, the audacity, strength, resources and the will to steal over 70,000 votes from the appellant,” – Warsame
“The appellant [Waititu] is a man who is well grounded in Nairobi politics, and therefore such an exercise (stealing his votes) would not only be difficult, but it would also be dangerous. I say so because a contest with the appellant, in any form, is not a walk in the park.” – Warsame
“It is also an attempt to establish a case through speculation, guesswork and blind shipping. Surely, the law cannot be called upon to aid an indolent litigant (Waititu) who is unsure of his cause of action, the number and nature of his witnesses to support the same,” – Warsame
“I must confess that it has been a difficult, even torturous exercise sieving
through the numerous documents and authorities filed, most of which, with profound respect, were unnecessary, and a duplication of resources and labour,” Â – Judge Warsame
“By dint of the majority decision, the fruits of success today belong to the enigmatic, energetic, endearing and sometimes overzealous son from Eastlands; a man who symbolizes hard work, poverty and resilience all in one basket,” Â – Warsame
“He (Waititu) inspires many but equally frowned upon by many, for his abrasive, overzealous nature, and lack of self-control. To the rich and educated Nairobians, he is seen as an outsider to the breakfast table,” Â – Warsame
“All in all, the man who stormed Nairobi from the East, has vanquished the man from the West. The battle of the foreigners is now over, perhaps. I am not sure.” – Warsame