Politics, populism and the law: Who really speaks for Kenyans?

From left is Justice Njoki Susanna Ndung'u, deputy chief justice Philomena Mwilu,Chief Justice David Maraga, Jackton Ojwang and Justice Isaac Lenaola during Supreme Court detailed judgement day on 20 September 2017.[Edward Kiplimo,Standard]

There is no doubt that Kenya’s Supreme Court made a historic decision in annulling the country’s August 8 presidential election. But it has been met with mixed reactions.

There are those who see the decision as a success for democracy and the epitome of constitutionalism, in particular the separation of powers. Others view it as a subversion of democracy and a mutiny on the rights of the electorate.