For the first in history, Kenya's Supreme Court appears poised to make a tectonic shifting ruling that could set unprecedented standards on how the IEBC conducts national elections going forward. All three sides, i.e. Raila Odinga's the National Super Alliance (NASA), Independent Electoral & Boundaries Commission (IEBC) and President Uhuru Kenyatta's Jubilee Party have an unprecedented opportunity to battle it out before the Justices and at the end of the day, one side will walk out victorious the other in defeat, this is the nature of these things. Based on the submissions before the court so far, it is clear that the petitioner has much better odds this time around than in 2013; most of Raila's Odinga's submissions in 2013 were disallowed by the Mutunga court while those of Kenyatta were admitted into evidence. For all practical purposes the IEBC has been has been caught with pants down, I mean abjectly incompetent and outright scheming to scam the electoral system. I don't pretend to know the outcome nor do I havd Professor Makau mutua's crystal ball to predict exactly how the Justices will rule, only they would know but based on evidence submitted thus far I have a suspicion that they themselves are troubled by IEBC's conduct and may want to put an end to this once and for all. IEBC has demonstrated its penchant defiance of court orders on multiple occasions including the one now being adjudicated by the Supreme court where it failed to count and announce elections results at the polling stations in direct defiance of the court of appeals order, obviously they don't respect court rulings, clearly have an open disdain for the courts. The Supreme Court has original and final jurisdiction, meaning they have wide discretion to uncover the truth within the context of the petition and attendant pleadings. Accordingly, I would hope the do the following:… Continue reading
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