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Why we must think really hard about the Kenya that we have

Sunday September 10 2017

Supreme court judges during the ruling of the presidential petition on September 1, 2017. While Justice Jackton Ojwang' and Lady Justice Njoki Ndung'u gave  reasons for not supporting the petition, Chief Justice David Maraga and the three other judges are yet to say why they supported the petition. PHOTO | DENNIS ONSONGO | NATION MEDIA GROUP

Supreme court judges during the ruling of the presidential petition on September 1, 2017. While Justice Jackton Ojwang' and Lady Justice Njoki Ndung'u gave reasons for not supporting the petition, Chief Justice David Maraga and the three other judges are yet to say why they supported the petition. PHOTO | DENNIS ONSONGO | NATION MEDIA GROUP 

By DOMINIC WAMUGUNDA
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Dear readers, I am sorry about last Sunday because you did not see my thoughts. I had good reasons which I am not able to discuss here.

All the same, we have a Kenya to think about and each one of us must think hard. In my view, we have serious election issues arising from the presidential elections of August 8th which from the looks of things have the possibility of messing up this nation to which we all belong.

Any thinking Kenyan wonders whether this would be the scenario that some political players having been planning and working for so that there is confusion and so that they demand for a government of National Unity where they will have a share (Nusu Mkate).

At this point I have no doubt in my mind about that but my real worry is what a lot of Kenyans I hear talking seem to say. The question is if the highest court in our land – which we did not establish so long ago – has been caught up in all this political game. What a disaster that would be?

CONSTITUTIONAL INSTITUTIONS

I am convinced and I am not about to give up that conviction that constitutional institutions must be allowed to have their own freedom and allowed by all parties  to work as they should and must not be interfered with. Such institutions as far as I know include the Judiciary and the IEBC among others.

Politicians and political parties come and go but such institutions and the value system they stand for are meant to remain. They remain not for particular “leaders” but for posterity.

With regard to the Supreme Court, I must celebrate Prof J. B. Ojwang - a former colleague at the University - who expressed his mind and stated that where there is no evidence, a petition as was before them should be thrown out. Justice Njoki Ndun’gu also made her point heard.

REASONS FOR OPINIONS

Both were allowed to tell us why they thought what they thought by Chief Justice David Maraga.

The Chief Justice himself and the other three judges present who supported the petition did not tell us why they thought in the way they did.

During the campaigns, one of the NASA principals – Musalia Mudavadi – had demanded that every judge must announce the reasons for his or her opinion.

After the announcement of this Supreme Court bench I have not heard a word from my friend Mudavadi about the same.

Is there something that the rest of us “peace loving” Kenyans do not know? The other thing to ponder is the issue of numbers.

Nobody seemed to question the numbers or even demand that the votes cast be counted. Why such silence?

 Writer is Dean of Students at the University of Nairobi