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Lessons from Kenya’s Supreme Court Historic Decision.

By Alex Lotiyu Elia Lado

While Kenyans and the region were preparing to celebrate the Eid al-Adha El Mubarak, Kenya’s Supreme Court appears to have prepared special gift for this year’s holy occasion. The court unprecedentedly annulled the results of the presidential election; stating that it was not consistent with the dictates of the constitution. This decision shocked many people in the world, especially, the Kenyan citizens. Pro-Odinga celebrated the rule, while Kenyatta’s supporters who have recently celebrated the victory; condemned the decision; citing political conspiracy behind the verdict. But to his credit, President Kenyatta was very skillful and wise politician to swiftly assent the decision of the Supreme Court. His respect to the judgment has certainly saved the country from another bloodbath and political chaos.

 

Last month when I wrote an article in this newsprint titled: ‘After Kenya’s election results; what next should be done?’ I mentioned that: “Uhuru Kenyatta’s call for unity and partnership with the opposition should be backed by all Kenyans irrespective of their political affiliations, by the region and the international community.” Some of my colleagues who have a perceptions of President Kenyatta including my younger brother; re-baptized me with different names, others strictly said that I was trying to whitewash the president’s dismal records.

 

Yes, I am sure President Kenyatta is like many of us is prone to errors, and in many cases his decisions and actions are not objective. That is why I have been critical of some of his positions, especially in 2007 when he misled his supporters to carry out the infamous 2007 political chaos. However, this time he was calling for unity and partnership with the opposition to save the country from imminent holocaust. How could I persist to blame him for such noble stand?

Therefore, I still insist that Kenyatta should be respected for having demonstrated such political morality and selflessness that is lacking in Kenya’s and the region’s political life today. We need such leaders who abide with the rule of law, not those quasi and hypocritical leaders who cling in power at the expense of their subjects and above all the constitution.

 

When the observers unanimously ruled that the election was ‘fair and transparent’, those of us who respected their credibility and impartiality believed that they were right. Unfortunately, to our deep disappointment they were unable to detect the cunning tricks that were made by malefactors to dismantle the election’s outcome. Therefore, their negative stand should be condemned by the region and the international community to avoid the recurrent of such harmful practice.

 

Kenya’s Supreme Court historical rule has not only restored opposition’s evaporated hope for winning the election, but it watered the tree of democracy and offered unique opportunity for the country to move forward. Kenya should be acknowledged as a vanguard of democracy in East Africa Community (EAC). She has provided occasion for all of us to celebrate. The claim that Africa’s political climate is inconsistent with the democracy is false and grossly misleading. It may be partly due to ignorance of the issues that have precipitated the current socio economic and political conditions, or it could be the move to destroy the credibility of the old continent so as to fertilize the ground for its re-colonization.

 

African leaders, particularly EAC Heads’ of States, should critically take note of what has happened in Kenya. They should collectively or individually resort to their constitutions. It is true that democracy can’t prevail without clear separation of powers between the executive, legislation and the judiciary. All the organs are complementing each other. Once leaders have principles and practice democracy, no rebellion will transpire in the country. All the theories of civil wars agree that greed and grievances are the silent factors that gives incentive for civil disobedient or rebellion. I would say that, “If the rule of law has been respected like what have recently happened in the sisterly Kenya; there would not be any rebellion in the region.”

 

The region will surly break free from its chronic conflicts.

South Sudan should most particularly, take note of Kenya’s precedent .the country is in this situation because the law have not been given ever respected. The 2013 crisis was a consequence of non-obedience to the dictates of the law. Had the constitution been respected, we won’t defiantly be suffering today. But the good news is that there is still chance to start fresh and move the country forward. Let us give our Judiciary its respected position to help the country in its fight against corruption, nepotism, tribalism, and inequality, just to mention few. Gone is the time for disrespecting the rule of law. Gone is time for clinging in power at the expenses of the law and the people.

 

The author lectures at Upper Nile University, he can be reached at 0955450033 or lokidenelia@gmail.com

 

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