Justice should stand for all Kenyans

In the just concluded elections, interesting trends have been identified. Out of many, the most important one being that a breath of life is being given to the rule of law and justice. If there was ever a time when one would argue that Kenyans are the winners in the just concluded general elections, then that time is now.

Just as Kenyans did by maintaining peace during the elections, now is the time for every Kenyan to peacefully support our judicial institutions in their quest for justice in our beloved country. This should be done in a fair and objective manner without fear, favor or prejudice. This will go a long way in guaranteeing the future liberty and prosperity for every Kenyan irrespective of race, color, religion or ethnic background – Justice should stand for all Kenyans.

It is quite humbling to see politicians from both the Jubilee and Cord coalition filing petitions in our courts since this implies that they have faith in these judicial institutions and are convinced that a fair judgment will be realized. It is also a reminder that poll petitions are part of the entire electoral process guaranteed by our Constitution.

There is no reason for Kenyans to panic since, in the words of the Chief Justice Dr. Willy Mutunga, the Supreme Court is a court for all Kenyans and it must handle the presidential election petition and any other petition fairly, justly and within the timeline as outlined by the Constitution.

Kenya almost went to the dogs in 2007-2008 because of the lack of proper institutions of governance that would guarantee a free and fair elections and absence of dispute resolution mechanisms. Our Judiciary then, was simply an extension of the, then, executive unlike the current one that consists of competent members that have been publicly vetted. 

It is the current judicial system that has given hope to Kenyans and those who are now questioning their loss in the just concluded elections. This is their constitutional right.

It is important to add that a successful conclusion of the petitions arising out of the just concluded elections in the high court or the Supreme Court, will go a long way in institutionalizing the rule of law and justice. This will work to benefit the ordinary Mwanainchi since disputes in our society are not only confined to elections.  

Regarding the latter though, the burden of prove lies with the complainant  who has to present convincing evidence that will prove, beyond reasonable doubt, that the elections  was marred by irregularities in most polling stations that gave his or her opponent(s) an unfair advantage  and therefore contributed to his/her loss.