Saturday, February 6, 2016

This Supreme Court's Image Tainted, Tarnished and Soiled Forever



This Supreme Court's image has been tainted. Unfortunately, irredeemably so.

Unless the remaining judges, on their own volition, quit or be thoroughly vetted by some Vetting Board, then the trust Kenyans had on it before may only be partially reinstated.

No one would want to face a bench which has been accused of bribery in order to deliver a favourable decision.

Judges should be beyond reproach like the Caesar’s wife. Although they are human beings and all have fallen short of the glory, judges are expected to be immune to external influence when making any decision. 

Any hint of fault and money changing hands to influence judges' decisions really dents the little trust people have on such a court.

Some might say no it's only one judge who took the bribe and that natural justice dictates that the accused ought to face the law. And the innocent be allowed the right to enjoy that innocence. 

Agreed. But this bribe was given to influence a decision that was to be made by five judges. Not one.
A favourable decision was given by that bench that comprised of all the five judges. The question is did the alleged money influence that outcome?
The Tribunal will certainly tell us if that happened or not but don't forget that in Kenya tribunals are sometimes formed to cleanse the accused. 

This tribunal is, however, expected to be formed as required by the Constitution.
Judge Tunoi is keen to face the tribunal and set the records straight. That's okey.
But tribunals are also meant to dig deeper into the allegations and find that which has been hidden down there in the sea bed.

In trying to find the truth, all sorts of things will be said; damning, hurting, soiling and revealing.
Those things will not only be about Justice Tunoi but certainly, about the Supreme Court:
How this superior court makes it decisions. How it interacts with litigants, advocates and other seekers of justice. How easy it is to influence their decisions.

This is where some aggrieved parties may push for a fresh look at the 2013 Supreme Court's decision on the presidential election petition.

This is when some governorship contestants who lost their petitions at this highest court will think of re-submitting their contestations afresh.

This thing will be muddy. This thing will be crazy. This will be enlightening. This will be painful for some. This will be joyful for others.

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