got away because he knew the extra-judicial tactics that the administration uses and he legally ring-fenced himself before the illegality was perpetrated albeit legally .
Kenyans were not necessarily unhappy about the Supreme Court upholding the election of the current President but the manner of the delivery of the unanimous decision was a drastic departure from the way the Supreme Court delivers judgement .
Even in a unanimous decision each judge reads their findings that gave rise to their decision and the public can digest that opinion even if they do not agree with the decision . There was also the matter of the crude language that injured decorum .
The result was that the Supreme Court came across as biased and hence compromised . This appeared to be confirmed by the alacrity of the Executive to appoint judges that were withheld due to integrity issues by the former administration .
Justice was served and accepted but it certainly did not seem right . It is that lingering doubt about the dispensation of biased justice in that particular case that has allowed the opposition leader to claim a moral ground to protest .
The hounding out of office of the ‘ Cherera four ’ also sent a negative message to the electorate since the commissioners are not elected to agree with the chair but to ensure that elections are free and fair .
To set up a commission of inquiry , headed by a judge that had just been rewarded
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When the law is deliberately broken , in most cases using the legal process , the outcome is that people no longer trust the justice system and the judgements served by the system are perceived as self-serving and compromised .
with a promotion was another example of the misuse of the legal process to achieve personal validation that the ‘ four ’ wanted to subvert the will of the people .
The Executive also appointed political cronies to the non-existent Chief Administrative Secretary positions which the courts had declared illegal and unconstitutional and the Executive still claims to abide by the rule of law .
Public resources will be used to pay for these phantom CAS positions as a reward for backing the UDA party but of significance is that the power , independence and authority of the judiciary will be compromised and diminished as a result .
The Executive cannot in the same breath laud democratic principles that allowed them to ascend to office while at the same time undermine the institutions that define democracy and how it operates . The Executive cannot cherry pick what it wants .
There are many Kenyans presently locked in lengthy court cases in reference to grabbed land that they are trying to prove is theirs because legal charlatans have claimed the land with ‘ legal ’ titles that show a ‘ correct ’ procedure was followed to buy and acquire the land .
We have witnessed people having their houses demolished and evicted from property they have lived on for decades on the strength of a court order claiming that the evictors are the rightful owners proved by documents they possess .
If as a Kenyan you don ’ t trust that you can go to court to get justice , then the rule of law is meaningless and an absurdity . When justice is for sale then that is the first step toward anarchy and chaos .
The perception of a skewed legal system and a lack of respect for the rule of law , the rights of others and the use of the legal process to defeat the law eats at the very core of societal values and entrenches endemic corruption in a society .
When the law is deliberately broken , in most cases using the legal process , the outcome is that people no longer trust the justice system and the judgements served by the system are perceived as self-serving and compromised .
What makes it more alarming in Kenya is the cavalier fashion in which those in power seem to be able to block the wheels of justice and dismiss their pending cases and the bullying legal tactics being employed to harass those seen as not pro-establishment .
It is a shocking statistic that over eighty per cent of those appointed to the current administration had pending court cases . This is either a failure of the judicial system or a state capture by thugs in suits .