When I last wrote on the Supreme Court of Kenya justices and the ruling they had made regarding the elections, a few friends asked me to wait for their detailed ruling. I did indicate that the detailed ruling wouldn’t change much. One among them, since at the press briefing, the chief justice did say they had reached a unanimous verdict. Can anyone tell me if there was a chance in their detailed ruling they would tell us there was dissenting opinion, I guess not?
Well I am yet to get a copy of that document. When I do I will share it here so that lawyers who follow this blog can look at it and say add their two cents of opinion, since as is known world over, lawyers always have something to say.
Don’t despair though, I have just read a piece written by a constitutional lawyer, he must know more about law than I do and it is a detailed verdict on what I had expressed about the court and its justices.
He gives the following five reasons why the court fucked
- Supreme Court’s reliance on backward looking, mean-spirited, cramped Nigerian precedent.
- Tolerant and uncritical acceptance of the IEBC’s explanations on the voter registers.
- Lack of clarity about IEBC’s duty to ensure that final results could be verified against provisional results.
- The Court’s use of subsidiary legislation to limit the meaning of “votes cast,” an unambiguous phrase in the Constitution.
- The evidential foreclosure that the Court imposes on itself by taking judicial notice of technology failures instead of treating IEBC as spurious.
The article can be found at