Our institutions have played big role in growth of democracy

Chief Justice Martha Koome. [File, Standard] It is fait accompli! The Supreme Court of Kenya dismissed the consolidated petitions against the presidential elections of 2022. In doing so, they upheld William Ruto's win and all things held constant, he will be sworn in as Kenya's fifth president next week. The fact that the violence ubiquitous in every election cycle was absent, is an affirmation of the confidence that the nation now has in its institutions. These institutions must be commended for their contribution to the growth of democracy in Kenya. Foremost is the apex court which has distinguished itself, not as the bastion of "wakora" as once alleged by the outgoing administration. Rather, it has proved to be a recourse to those disaffected by presidential electoral outcomes; an avenue to ventilate electoral grievances without resorting to violent street protests and other atavistic modes of expression. Next is the Independent Electoral and Boundaries Commission. Charged with the conduct of national elections, it has acquitted itself admirably. Of the nine issues before the Supreme Court for determination, only one, divisions among commissioners, was singled out for censure. Even then, it did not interfere with the sovereign will of the people in the exercise of their universal suffrage. Chairman Wafula Chebukati, after enduring a barrage of ad hominem attacks, now looks forward to leaving the institution with his head held high. Other institutions worth mentioning include the Police Service, which offered security countrywide throughout the conduct of elections. It departed from its default setting of violence as a means of crowd control or, under the instruction of recalcitrant politicians, a tool of voter repression in areas that are unfriendly to them. Yet these elections have not been without unbecoming conduct. While reading out the collegiate judgement, Chief Justice Martha Koome cast aspersions on the nature of the presidential petitions. She spoke witheringly of "sensational affidavits without evidence and based on falsehoods" describing them as "inadmissible and unacceptable. The Supreme Court. [File, Standard] Revered former anti-graft czar John Githongo put his hard-earned reputation on the line by presenting an affidavit which, in the words of the judges, "may have contained forgeries." The CJ cautioned on the fact that affidavits filed in court must deal with facts which a deponent can prove from his own knowledge and not from third party accounts like in Githongos' case. She further reminded petitioners and some of their advocates that "swearing to falsehoods in a matter of public concern is a crime in Kenya's penal code." Four IEBC commissioners also came up for censure for what may have been spurious allegations against their chairman. They were castigated for their 11th hour denunciation of the verifying and tallying process. Their affidavits against the same commission that they serve were described as having "yielded no probative value." But it is the conduct of those who tried to disrupt the tallying and eventual announcement of the presidential election winner that is abhorrent and offends the sensibilities of all right-thinking Kenyans. Chebukati, two commissioners and a section of the commission secretariat were physically assaulted. And this, in full glare of invited dignitaries from various foreign missions and captured on national television. This column condemns the intimidation and assault of members of the IEBC. Harassment of secretariat staff and veiled threats by sections of the country's security apparatus are criminal actions that invite sanction from the investigative and prosecutorial arms of the government. It is simply beyond the pale that weeks after the elections, no one is yet to be arrested and charged in a court of law. Kenyans look forward to the day miscreants of this ilk get their comeuppance! The elections are done and dusted. It is now time to move on as a nation. However, they are still those who persist in taking their supporters on an emotional odyssey with the old canard that casts them as victims of electoral malpractices. But we need to move on. Writer is a Public Policy Analyst

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