The Supreme Court might have 'redeemed' itself, but at the cost of something much bigger

It was unfair of Chief Justice David Maraga and his team to single out the presidential election as having been conducted in disregard of the Constitution while giving a clean bill of health to the election of MPs, governors and MCAs, which was held the same day and by the same Independent Electoral and Boundaries Commission (IEBC).

The question many Kenyans are asking is; if the process of the presidential election was bungled, then what about the elections for other positions?


An election for all the leaders was done on the same day by the same electoral body. For the judges to say the presidential poll failed to meet the constitutional threshold is an affront to democracy.

The truth of the matter is that the CJ and his team had been given the last chance by Opposition leader Raila Odinga to 'redeem' themselves.

They did exactly that. It had nothing to do with justice. Mr Maraga's declaration that the August 8 election was void and his demand for a new poll within 60 days shocked many.


But his announcement, after a 4-2 vote by Supreme Court judges to annul the vote, did not surprise those who know him. Those criticising President Uhuru Kenyatta and his deputy William Ruto for publicly disagreeing with the ruling are unfair.

The culture of public lynching of judges by the political class started in 2013, when Raila and his team accused the Supreme Court of being comprised.

The situation will only be contained if judges give rulings in accordance with the law and not to please politicians as happened last week.