Uganda’s opposition and several political rights activists have been celebrating a Court ruling that just nullified Uhuru Kenyatta’s purported victory. They argue that “justice has finally prevailed” in short. However, is this practically the case?
Does a fair judgement necessarily usually lead to the calibre of Justice and accuracy that any system or human may aspire for? Let me ask it in a layman’s language. Does the Knowledge of what is Right or Wrong imply that all shall be “All-right” finally? Have the conditions that caused the first errors now totally inexistent to justify what the court shall hopefully ultimately term a “free and fair” election in Just 60 days of the past scenario?
Andrew Mwenda started off the counter argument to limit hopes for the jubilants by arguing, “Here is my prediction: the supporters of Uhuru and Ruto, both within and outside of the state, are not going to accept to lose. So they are going to be more inclined to use all means to win. The second election is likely to have more irregularities than the first. The supporters of Raila are now highly energized and will not accept anything except victory. This is means that the Supreme Court has put kenya on a slippery slope.
The most likely outcome of this court decision is not to improve the quality of the election. Instead it will increase the incentive on the incumbent to rig and incentives on the losers not to accept the results. This was not an issue of right and wrong. It was a matter of political maturity”, he added.
Many share his views. The main question from the critics of the Kenyan Supreme Court’s actions is not whether whatever it did was factual, righteous or false, but is it worth the repeat?
If there really existed a totally free and fair infallible election, the Outcomes would be most definitely be unpredictable we all agree, but does the Judge’s ruling make those near perfect conditions all of a sudden existent?
Why should one honestly believe that some “super intelligent” humans who managed to outwit and steal votes (if it indeed occurred) in front of one of the biggest number of Election observers in human history won’t succeed in doing so shortly, once again? And if it does happen, what type of judgement shall the Supreme Court contemplate then?
Court rulings cannot be expected to be based on 100% accuracy of a matter or phenomenon but there must be an acceptable scientific and logical percentage otherwise there would be no judgement. In this case, it seems the Kenyan Court is expecting to oversee the first ever Perfect irregularities-free election in the history of mankind before they find a winner.
Please return to this article after 60 days to find the answer to this questions?