By Donald Kipkorir
Supreme Court Date With The gods!
Four things that belong to a Judge:
To hear courteously; to answer wisely;
To Consider soberly; and to decide impartially.
Socrates 399-469 BC
Baba has chosen to go to Supreme Court. Supreme Court has two alternatives only: re-affirm or invalidate the election of Uhuru Kenyatta. In arriving at this decision, the Supreme Court has two paths.
On one path, it can follow the footsteps of the Supreme Court under Dr. Willy Mutunga and be guided by the jurisprudence of Nigeria and Ugandan Courts, and like a witch make its decision in the night. I don’t know which self-respecting lawyer will use Nigerian and Ugandan decisions as stare decisis on Presidential Elections! The results for Presidential Elections in Uganda and Nigeria are known well in advance by the President, the Electoral Commission and the Deep State! There, Elections are a choreographed dance to launder money!
Or it can take the high road, and follow the Supreme Court of United States. In the US, the Supreme Court proudly makes its decision when the sun is up! We all know the US Supreme Court during the reigns of the great Chief Justices John Marshall and Earl Warren. Under Marshall, the Court decided Marbury vs Madison that forever laid the independence and exclusive jurisdiction of the Judiciary. Under Warren, the Court decided Brown vs Board of Education that forever officially ended racial segregation.
Our Supreme Court under CJ David Maraga can choose to be night-runners and give us a decision we will never use anywhere; or stand in the public square when the sun is up and give us a decision that binds our Nation-States of Kenya forever. Lightning doesn’t strike twice the same spot.