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Elections: Kenya needs a courageous Judiciary more than ever

BY David Indeje · July 11, 2017 01:07 pm

The Independent Electoral and Boundaries Commission (IEBC) has approved 14,523  candidates to participate  in the  8th August 2017 general elections in Kenya.

The candidates will be vying for different positions (MCA, Member of parliament (MP), Women Representative, Senator, Governor and president).

Read: Kenya’s Certified Register of Voters hits 19.6 million

However, with few days to the voting day, the Judiciary has come into scrutiny after a three Judge bench (Judges Joel Ngugi, George Odunga and John Mativo) of the Kenyan High Court quashed award of the tender for printing of ballots for the August 8, 2017 presidential election to Al Ghurair Printing and Publishing Company.

The judges ruled that the electoral commission failed to conduct adequate public participation, a move that goes against constitutional requirements.

“We order that the IEBC commences the procurement process for printing of election materials for presidential elections scheduled for August 8 so as to ensure free, fair and transparent elections.”

The decision has raffled the ruling Jubilee Party led by President Uhuru who is reported to have said “They are taking us for fools” We will not allow our opponents to use the courts and to intimidate the IEBC, thinking they will win using the back door.”

However, the Chief Justice David Maraga through a statement, came out to  defend the Judiciary. “When political leaders cast aspersions on the administration of justice based on a misinterpretation of my statements, it has the potential to impair public confidence in our courts, and this concerns me a great deal.”
Maraga terms the statements from politicians as ‘unfortunate, based as they  are on completely wrong premise.

“I have always been at the forefront of defending the cardinal principle of decisional independence of judges and at no time have I ever directed any judge or judicial officer on how to determine the cases before them.”

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Uhuru had further said, “You cannot claim independence and use it to interfere with the functioning of the Executive and  other arms of Government,” said Kenyatta, adding that the outcome of the election will be decided by the people and not the courts.

The Kenyan Section of International Commission of Jurists (ICJ Kenya) in a statement they said, “The interrelated nature of President Uhuru’s frontal attack on the Judiciary as a whole
and veiled threats on individual judges with regards to electoral dispute resolution sends a
dangerous and chilling message: that the executive shall not respect electoral dispute
resolution by the courts and flagrantly negates public trust and confidence in the rule of
law, which unfortunately falls way below the leadership standard expected of a
government and its leaders. This has the potential to exposes the country as a whole to
grave insecurity where electoral dispute(s) arise.”

ICJ Kenya emphasised that the rule of law is the bedrock of a democratic society. It is the only basis upon which individuals, private corporations, public bodies, and the executive can order their lives and activities. “If the rule of law is to be upheld, it is essential that there should be an independent judiciary.”

Justice Maraga’s response is as a result of his statement during his swearing in ceremony, “Elections and Election Dispute Resolution is a key priority for me,” he had said.
“I am determined to do what it takes, to engage as widely as is necessary and as is permitted under the Constitution, to achieve this objective and to ensure that justice prevails and peace abounds amongst the Kenyan people.”

The Independent, electoral and Boundaries Commission (IEBC)  has already held a meeti