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A judge who swore in the name of God not to succumb to corruption

Chief Justice Hon. David Kenani Maraga swore with the Holy Bible that he has never been corrupt, is not corrupt and shall never succumb to corruption. A judge who made history by nullifying the presidential elections in 2017 has done the unthinkable. He made many proud while he caused commotion in those who least expected him to stand by justice and truth.

Only truth and justice shall save us from precipitating into anarchy and lawlessness. If every Kenyan can embrace justice and truth, Kenya shall be one of the exemplary jurisdictions not only in Africa but all over the world. The world has something to learn from Kenyans. Ordering the Independent Electoral and Boundary Commission to repeat the presidential elections in 60 days and do it within the law, was not only a bold step but a move to make the judiciary powerful.

I really wish that every judge would embrace the face of justice and avoid biases! It is normal that losers shall never agree with the ruling but this is law… as the Roman jurists said, dura lex sed lex – the law is severe but it is always the law. It is not easy to agree with the ruling and you don’t need to, but you must adhere to the authority of the law. Public emotional reactions are not necessary for they only damage your reputation. It is wise to avoid any expression that would make the public start guessing…

The dignity of the court must be protected and respected by all parties despite political divides. If the court established in its judgment that the IEBC is to be held accountable for irregularity and anormalies in transmitting the results, then let it be so. However, such errors should not go unpunished. Somebody must be held accountable for the deliberate and acting in bad faith. This is the law. The failure to bring the electoral offenders to book may only perpetuate the electoral impunity. In the history of Kenya, nobody has ever been put in jail for rigging or being an accomplice to commit such politically perpetrated crimes.

If the defense lawyers admitted that there some administrative offenses in the process of conducting free, fair, transparent and credible elections, then we can say that facts speak by themselves. What else do you expect impartial judges to do? I wonder if the dissenting judges had this in mind or they had biases!

The Supreme Court is justified to defend the integrity of justice and I think, Hon. Justice Maraga has scored big in the history of Kenya. I doubt if his fellow judges shall accept corruption and move on under his leadership.

Kenyans must now prepare to defend the constitution. There are forces bent to amend the constitution in their favour and to circumvent justice. This should be condemned and all Kenyans that love their country must stand firm to defend justice as affirmed in the national anthem…May justice be our shield and defender! The founding fathers were not thugs when they included justice in the national anthem…they were wise!

About Peter Onyango

Dr. Peter Onyango O. is one of our main contributors. He is a senior law lecturer, a writer, a consultant, peace ambassador, and a researcher. He assists so many professionals, legal minds, and debaters with his skills and scholarly wealth! He supports children and village community as a way of giving back to community. He edits, proof reads, and publishes various articles for our page!

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