This time around, the petition against the election of Uhuru Kenyatta will not be defeated because IEBC followed every principle of the law; rather, his election will be decided on whether the petitioners understand the role of reason and logic in law. Observing the hearing which begun on Monday morning, it is clear that the justices have abandoned the general term of legality and have gone back to what jurisprudence is all about: Reason, Logic and law!
The reason why this petition is dead on arrival is the kind of questions the justices asked the lawyers. In a case of utter frustration, Justice Jacton Boma Ojwang asked the lead attorney Julie Soweto to quantify the statement of former IEBC commissioner Dr. Akombe. He wanted to know how the lawyer can use the statement of Dr. Akombe in her presentation, without using the evidentially requirement in presenting a case. She wondered what he meant and did not seem to understand the question. He repeated himself several times. In a state of frustration, he told her to continue with her presentation. It is here that senior counsel Ahmednasir Abdullahi sought to help her understand the logic within the question. Even after he clarified that the justice was asking a logical question not a legal question, she did not comprehend. One could see the frustration on the face of Justice Ojwang.
The other point is when both deputy chief justice and Justice Njoki S. Ndungu asked the lawyer to present a coherent defense of her claim about the role of violence in the election. She did not seem to have a clue as to what the two Lady Justices were asking. They were asking for a rational, logical and legal defense. Rather than respond, she went off into the abase of human rights violation! This shows how much reason and logic are paramount in presentation of any case. Though the law as written stands supreme, it is the logical understanding, presentation, and affirmation of its implication that win the day.
It is therefore my humble submission that the petition against the election of Uhuru Kenyatta does not stand the canon of reason and logic and it is on this basis that the supreme court of Kenya will affirm him as the duly elected president of the republic of Kenya. This time around, the Supreme Court of Kenya is operating on the proper foundation of logic, reason, and law!
Teddy Njoroge Kamau (PhD)
Diaspora Messenger Senior Columnist