Are we transferring the will of the People to boardrooms?

Saturday,30th,March,2013,will eke in our memories for so long.It was a divining moment for our nation Kenya,and,it’s citizenry.The subjects had waited with baited breath the verdict of The Supreme Court.Speculation was rife concerning the outcome which sent cold shivers down the spines of most Kenyans.Most undertaking had grounded to a halt,as fluency came to a standstill.An aura of suspense ,anxiety and uncertainty had engulfed the country.

And,the matter that was subject to contenticity was a petition that was filed by the CORD coalition on the eligibility of President elect Uhuru Kenyatta.The Supreme Court was expected to deliver a landmark ruling as stipulated by the constitution.The ruling was expected to alter,or,upheld the subject of contenticity.Indeed ,it was a historic moment .

The CORD team had disputed the outcome of the presidential tally where Uhuru Kenyatta was declared as the 4th president of Kenya.The team had cited a plot of massive irregularities in tallying,flaws,tampering of voters register by the Independent Election and Boundaries Commission staff and the stalling of Biometric kits.In his address the CORD’S team leader ,Raila Odinga,summed up that Kenya’s democracy is in trial.

And,according to the new constitution the CORD’S team had that constitutional right to challenge the outcome of the general election.It is clearly spelt out in the constitution.

Despite not having a strong evidence to back and support their petition case the CORD alliance went ahead with their petition.Right from the start it was quite clear that the CORD team didn’t have substantial evidence to back their case .Their legal team suffered setbacks right from the start despite them putting a spirited arguements to back up their case.

But,their spirited arguements were watered down by the I.E.B.C ,and ,jubilee’s legal teams,which seemed to have an upper hand and a formidable mind which the CORD couldn’t match.They had a strong foundations to counter the petition.They dislodged the petition like a mud house

And,after the two sides had put forward their cases ,the decision was left to a 6 bench judges led by the Chief Justice,Dr.Willy Mutunga.And,as the hour dawned for the judgement a lot was in the cards.At those crucial minutes the Judges didn’t disappoint as they only took less than 10 minutes to deliver their verdict.

In their verdict ,they upheld the I.E.B.C ‘s declaration that the general election was free and fair ,and,Uhuru Kenyatta was validly elected ,thus dismissing the CORD’S petition.The Judges said that there was no substantial evidence to showcase that the elections were bungled in favour of Uhuru Kenyatta.

And,with that judgement the country was offloaded the uncertainties and anxiety that had hovered around like a scavanger.

But,at the end of it all ,the million dollar question still begs ,are we creating a trend where the future President will be decided in boardrooms.Are we transferring the will of the people to boardrooms in the name of constitutional right?

Methinks it will be a total miscarriage of natural laws of justice if we do advocate and accomodate such a trend.The country needs to invest heavily on a transparent apparatus system that will restore the confidence of the Kenyan people.


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