Supreme Court of Kenya judges (from left) Isaac Lenaola, Smokin Wanjala, Philomena Mwilu (deputy CJ), Martha Koome (Chief Justice), Mohamed Ibrahim, Njoki Ndung’u and William Ouko.
By: Joseph Mutua Ndonga
- Worth Noting:
- On August 9 Kenyans woke up to exercise their democratic and constitutional rights. Majority of them voted for Dr Ruto as the fifth president of the republic of Kenya. We cannot overturn their sovereign will because of the boardroom rupture that saw four IEBC commissioners walking out of the National Tallying Center at the Bomas of Kenya at the tail end of tallying and verification of the presidential results.
- Reacting to this, the top leadership of Azimio coalition stated. We respect the unanimous decision of SCoK but we do not agree with the verdict. We had a strong case but the Judges have made their ruling.
During the hearing of the presidential petition filed by the Azmio La Umoja One Kenya coalition flag bearer Raila Amolo Odinga and his running mate Martha Karua, Kenyans expected the highest court in the land to either uphold the President-elect William Ruto’s win or rule in favor of Azimio coalition.
The main petitioners- Raila and Martha- wanted Ruto’s victory nullified on ground that the election process had been marred by gross irregularities and illegalities.
But after hearing the submissions and rejoinders by all the parties, seven judges of SCoK sharply disagreed. They said they were not convinced with their lawyers’ arguments and, as a result, dismissed all their prayers.
In a unanimous decision, the judges’ ruled. Your case does not meet the constitutional threshold of nullifying the presidential election. Some of the documents you presented to us were outright forgeries. Besides, the petition had been built from unproven hypothesis and described it as a red herring and a wild goose chase adventure.
On August 9 Kenyans woke up to exercise their democratic and constitutional rights. Majority of them voted for Dr Ruto as the fifth president of the republic of Kenya. We cannot overturn their sovereign will because of the boardroom rupture that saw four IEBC commissioners walking out of the National Tallying Center at the Bomas of Kenya at the tail end of tallying and verification of the presidential results.
Reacting to this, the top leadership of Azimio coalition stated. We respect the unanimous decision of SCoK but we do not agree with the verdict. We had a strong case but the Judges have made their ruling.
For me, this was expected because they knew the 6.9 million Kenyans who voted for Raila were watching them. If they concurred with Judges, Raila supporters would have roundly condemned them. What was the point of filing this petition if you knew you will lose? So, I want to believe the reactions were a strategic move meant to mollify their supporters.
Given that SCoK ruling is final, the die is now cast. Dr William Ruto is fifth president of Kenya. You may hate him but there is nothing you can do. You will be led by him for the next five or ten years.
Let me be frank. I was in the camp that never believed in Ruto presidency, but for now, I accept that he is my President. I fell out with him after the handshake between President Uhuru Kenyatta and ODM leader Raila Odinga.
Prior to this, I was a diehard supporter and defender of Dr Ruto and the President. During the International Criminal Court [ICC] trial, I never got tired of defending the duo. As a political analyst and a writer, hardly a week passed without writing an article faulting the Court prosecutor and denouncing the charges filed against them.
At the time, I worked closely with Dr Ruto’s senior lawyer Korir Singoei, who hosted me several times at his office located at the Deputy President Harambe Annex house. Singoei had enlisted me to be one of those who would represent Kenya in the meeting of ICC member states in The Hague. Dr Ruto’s case was however terminated before the trip.
I have been listening to the remarks and statements attributed to the President-elect and it is clear he means well for the country. This is contrary to what many people believed or had been made to believe.
I’m ready to serve in his administration if given that opportunity. Given my potential, I will join the team dedicated to help him steer the country to great heights of success and shared prosperity. God bless you Bill.
Joseph Mutua Ndonga is a Political Analyst based in Nairobi
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