Open Advise To The Supreme Court Judges
By Donald Kipkorir
The Presidential Petitions have closed and the Six Justices under President & Chief Justice David Maraga have retired to write the Judgment. As they begin this most arduous part of the Petitions, I urge them to listen to the echo of the words of Socrates that reverberate across the Centuries.. He said: Four things that belong to a Judge: To hear courteously; To answer wisely; To consider soberly; and to Decide impartially.
The twenty odd lawyers that made submissions, gave as many interpretation on similar issues as their number. The Judges have the exclusive duty of cutting through the legal thicket and give us a conclusion that is based only on the Constitution. With humility, I suggest that they decide the following issues only:
1. When is Presidential Elections said to be legitimate? What turn-out and nationwide spread of elections gives legitimacy?
2. When and how is IEBC said to be independent? And is the Chairman singular leadership or tyranny of majority Commissioners measure of independence? How do we ring-fence IEBC from being a political party marionette?
3. What level of violence negates Elections? Who is to blame for violence? Inaction or action of national security who have monopoly of violence or political parties militia?
4. How do we make sure that future elections are trusted by all? In Germany, Elections are done same day with famous Berlin Marathon and no one misses a beat.
In writing your judgment, don’t look over your backs. Don’t make the judgment a love letter to either Jubilee or NASA. Be like the US Supreme Court whose judgments are worth Gold; and not Brazil Supreme Court whose judgments no one reads or respects.
And finally, in writing your judgment, listen to Francis Bacon …. He said: Divinatio non interpretatio est, quae omnino recedit a litera …Departing from the Letter Of the Law is not interpretation but guesswork
Surprise us with your judgment … Let it offer clarity and wisdom… Let it still be relevant to Kenya 100 Years from now … And don’t leak before you read it on Monday.