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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