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On Legal Minds
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02 @MarketingAfrica
MAL22/18 ISSUE
Marketing Africa
T
he last time Kenyans had to contend with a tyranny
was when the famous phrase ‘a tyranny of Numbers‘
was coined to explain how the political might of the
ruling political coalition could not be felled because numbers
count in an election.
The opposition coalition must have retreated to lick their
wounds and realized that a straight forward assault on
the ruling coalition was not likely to bear much fruit so a
different strategy had to be hatched if political ambitions
were to be realized.
It is however doubtful if what we were to witness was at all
beneficial to the furtherance of democratic ideals or even if
the spectacle that ensued was what was envisaged by the new
constitution that has been touted as the most liberal in any
developing country.
What the opposition came up with was a strategy that
they branded as a ‘A Tyranny Of Brains’ and which they
have executed with both panache and at times a diabolical
determination to thwart the rule of law by using the legal
machinery.
This has been possible largely to a strange phenomenon
in Kenya that the opposition happen to be led by the only
person in Kenya who has a real and large constituency solidly
behind him. So he has succeeded in waging a legal guerilla
warfare on the ruling party.
The opposition, knowing that they have a sea of fanatical
followers ready and willing to respond to the call of their
messiah have been able to intimidate the government and
create an alternative center of power that threatens to
disenfranchise the ruling party.
Interestingly they challenged the last elections on
technicalities and actually managed to have the election
nullified but then went on to puzzle all bystanders by
boycotting the elections and to declare that they would not
be free and fair.
The same group then went ahead and declared that they had
won the first elections after the court upheld the re-election
of the president in the second elections which begs the
question why they had not declared they won the elections
in their petition.
We had warned earlier on an emerging trend where Kenyans
were becoming litigious to a fault and we are now starting
to see how energy sapping the strategy of settling political
differences in court can get. The tyranny of brains has been
unleashed.
The courts find themselves in a hapless position of being
damned on whatever ruling they make and this erodes the
authority of the courts in that one starts to politicize any
ruling of the court with the tribal monster menacingly
hanging in the background.