By Justus Atuti
Yes. It may have been broken down into debris and eroded with the water under the bridge of time. Raila Amolo Odinga’s petition against Uhuru Kenyatta, where Kenyatta was awarded an undeserving win against all odds, after a historic 5 minute ruling was not only erroneous and treacherous, it set a wrong footing in our judiciary, the wrong direction that the Judiciary has kept taking since then. With bribes left and bribes right, Kenyans have been left with a limping, naked chief justice and Kenyans must set the stage high and receive justice that they set the supreme court for. The purpose was not to circumvent justice. It was to safeguard justice and render the final verdict on issues like presidential petitions and issues the lower courts either determined erroneously, or were unable to come out of ambiguity on giving judgement.
It has been claimed beyond reasonable doubt that the supreme court was bribed to make a determination on the Raila/Africog Vs Uhuru/Ruto, if what is alleged of Justice Tunui is anything to go by.
This leaves us with 2 scenerios.
1. There was the briber. And the briber here cannot be anyone beyond Uhuru Kenyatta and, or his agents, who vehemently broke the integrity of leadership prescribed in Chapter 6 of our Constitution on Integrity.
2. There was the bribed. This is no other than the Supreme Court under the presidency of Dr. Willy Mutunga who made an erroneous, incomplete and dangerous ruling that would have plunged our nation into anarchy. This also violated Chapter 6 on integrity of leadership, more so the Supreme Court that’s supposed to be beyond reproach.There was a valid case from Odinga, that something fishy had happened in the tallying. There was insincerity in the flow of votes where Uhuru had manipulated the outcome by missuse of information technology and a failure by the IEBC to put in place measures stringent enough to curb rigging beyond reasonable doubt. But the record 5 minute ruling cast doubt in the minds and on the faces of Kenyans who showed a different opinion.
This is why I concur with Fedinand Waititu, that, since bribery has been brought about against the Supreme Court of the land, accountability must prevail so a honest ruling can be passed on the Waititu/Kidero and the Africog/Uhuru petitions. Both were valid. And both money exchanged hands.
It may not be for the sake of wichhunting, but it is to act as a reference for the generations to come, that, honesty bears sober and positive leadership and unites a nation with a fresh hope and determination. I say this because, both Uhuru and Kidero have failed so far to unite the voices of their respective governments. When insincerity enters into a nation, unity escapes through the windows and all available openings.
Uhuru Kenyatta has failed to unite Kenyans and the leadership has completely let Kenyans down. There has been general disobedience and a complete rejection of the Jubilee leadership, a leadership that most Kenyans know beyond doubt that it was imposed on them by the Supreme Court.
The voice of reason failed when, Uhuru and Ruto who did not meet the threshold of Chapter 6 as they could not pass any integrity test , were given a clean bill of landing to allow them run for the presidency in the first place. This was another error manipulated and imposed on Kenyans by the supreme court of their land. The bigger question that remains unanswered to date, was Justice Nancy Barasa subjected through the same Supreme Court ruling and does the court have 2 sets of laws, that for the rich and the powerful and that for the lowly and powerless and women?
It is my opinion that, against all odds of time, the supreme court must make these determinations now, by relooking at them a fresh. Did Uhuru and Ruto pass Chapter 6 of our constitution? Did money change hands here that made the court take so long to determine on the same? Did IEBC give Kenyans a honest result of their vote? Did every honest vote count? After the Kitty failed, wasn’t this a failure of the IEBC in itself? In the acquisition of the election kitty, did money change hands that finally ashamed the supreme court in the name of chickengate? Then what did the Supreme Court use to determine the win for Uhuru, and why were they unable to make a ruling in respect to the evidence available?
In the Waititu Vs Kidero case. Did Justice Tunui receive the alleged 200 million from Kidero to determine the case by manipulating it to let the highest bidder win against justice? And if so, among the judges who determined this case, who did Tunui receive the money on behalf of and who amongst them shared the spoil?
Given that rumor has it that Tunui is threatening to tear the Supreme Court naked in regard to the 2013 presidential petition, should he be touched, does he remain untouchable in fear of Mutunga being brought down by the arm of corruption?
In a fair society, justice must not only be done. It must also be seen to be done. This is why Kenyans of goodwill must turn their focus on the Supreme Court for leadership and integrity on this 2 pertinent petitions. They are gone, but they will haunt. For now, we will wait and see the result as The Judiciary and the Legislature trade on who is more corrupt than the other. It is a contest that’s for sure affecting the integrity of Kenyans of all walks of life. And the outcome is detrimental.