By Gordon K Teti
JUSTICE NJOKI NDUNGU, in a lengthy dissenting judgment, purported to have personally examined Forms 34As from all polling stations and 34Bs from all constituencies and Form 34C that was used for declaring the final result of the presidential election at the National Tallying Center at Bomas of Kenya and found no anomaly with the forms contrary to the findings of the judiciary appointed technical committee, and the representatives of both the petitioners and respondents.
The judiciary appointed technical committee, and the representatives of both the petitioners and respondents found various anomalies with the forms such as lack of signatures of Returning/Presiding officers and lack of serial numbers and security features, a finding that was not opposed by lawyers of Uhuru Kenyatta and those of the IEBC when the Report was tabled before the Supreme Court judges, among them Njoki Ndungu, during the petition hearing.
Njoki Ndungu turned around in her dissenting judgment to claim that she personally inspected and verified the forms on orders from a court that nobody knows; at un-disclosed location and at a time and date that is only known to her; and in the absence of the judiciary appointed technical committee and the representatives of both the petitioners and respondents and in her findings, she concluded that all the forms were signed and those said not to have serial numbers and security features “actually had them.”
- In conclusion, according to Njoki Ndungu all the forms were properly compliant with election laws and regulations based on a verification exercise that she conducted in the cover of darkness and in isolation without the authority of the Court and without involving the other judges of the Supreme Court, including the president and the head of the Supreme Court of Kenya, Chief Justice David Kenani Maraga.
All in all, Njoki Ndungu, in her dissenting judgment, which is made of serious contradictions, has betrayed no one but herself. History will place her where she rightfully belongs in the fullness of time.