The Jubilee Party has accused the Judiciary of being controlled by National Super Alliance (NASA) and making decisions based on ethnic inclinations.
In a letter dated February 9th from Jubilee Party Secretary General Raphael Tuju to Chief Justice David Maraga, the party alleges open bias against Jubilee in the run up to the August 8, 2017 election. A judiciary stamp indicates it was received on February 23, 2018. “We were in the middle of an election cycle and we decided to let things cool down and grant the Judiciary space despite the several cases of which were perceived as open bias,” Tuju writes. Tuju further accuses the Judiciary of almost succeeding in burning the Country after the August 8, 2017 elections claiming the decision to nullify the election of President Uhuru Kenyatta was the biggest indictment of the Supreme Court. “When the Supreme Court ruled to nullify the August 8 elections with the argument that process was just as or even more important than the numbers, we disagreed. It was a ruling that has no precedent in the world and even the Commonwealth where our legal system borrows from,” reads part of the letter. It added, “Two of your Supreme Court judges articulated their dissent. Since then, lower courts have ignored the precedent that you set by that ruling and are throwing out election petitions with the argument that is converse to the basis of your nullification of the August 8 election”.