The Jubilee Party Presidential Candidate Uhuru Kenyatta is playing victimhood politics and trying to recast the International Criminal court (ICC) narrative of unjust persecution.
But by failing to distinguish the presidency from his candidature, and pedalling a patently inconsequential minority dissenting opinion of the Supreme Court for political objectives, he is engaging in unjust, unfounded and dangerous politics of delegitimizing Courts with the intent of destroying a key state institution.
There cannot be a quicker way of leading this country down the path of anarchy and lawlessness.
The President’s claims that the Court subverted the will of the people are baseless and untenable. The Court found that the Independent Electoral and Boundaries Commission (IEBC) never conducted an election in accordance with the Constitution and laws of Kenya.
IEBC announced results on the basis of the Forms 34B without receiving and verifying the Forms 34A, which are recognised by the Constitution as the final primary results. IEBC never gave the Court any plausible explanation why it disregarded Forms 34A and exclusively relied on FORM 34B whose authenticity and source was never provided.
Elections are not events but processes. The Constitution set the formula of arriving at authentic numbers and outcome to be “simple, accurate, verifiable, secure, accountable and transparent” process. Both IEBC and Uhuru Kenyatta could not prove how the final results’ were arrived at.
The calls for all IEBC officials culpable for bungling August 8, 2017 presidential election to resign is therefore based on the principle that accountability is being responsible for your decisions and actions.
It is the duty and obligation placed upon a person who holds a position of trust in society. IEBC officials were fully aware upfront that it was universally agreed that this General Election was critical to Kenya as a nation-state and that everything humanly possible needed be done to ensure a free, fair and credible election. They failed in their mandate.
The Supreme Court of Kenya found that serious illegalities and irregularities and also the Constitution and laws of Kenya were grossly violated leading to invalidation of the presidential election. This was intentionally, deliberately and or knowingly done by key IEBC officials. These IEBC officials could not provide a satisfactory explanation to the Court why these breaches happened.
These officials failed to bring honour and dignity to the public office of trust they hold. Their actions were a serious threat to the security and stability of the Country.
When such officials are unable or unwilling to account for their actions to the people who entrusted them with their mandate, they cease to be deserving of the trust placed in them.
The law requires such public officials be held to account because when officials charged with public responsibility decide to undermine the rule of law, then they undermine justice.
Once people take up public positions and swear to serve loyally and to the best of their ability, they must be accountable for their actions and, like Caesar’s wife, be beyond reproach.
IEBC officials failed to deliver a transparent, credible, free and fair presidential election. They are not beyond reproach. They must pave way.