Supreme Court must redeem its stained image

June 5, 2016 4:33 pm
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Chairman of ELOG Brian Weke has said that the ongoing cases involving Deputy Chief Justice Kalpana Rawal and Justice Philip Tunoi have for instance clouded the work of the court/XINHUA-File
Chairman of ELOG Brian Weke has said that the ongoing cases involving Deputy Chief Justice Kalpana Rawal and Justice Philip Tunoi have for instance clouded the work of the court/XINHUA-File

, NAIROBI, Kenya, Jun 5 – Supreme Court judges should forge a united front to avoid the emergence of camps within the court, the Elections Observation Group has recommended.

Chairman of ELOG Brian Weke has said that the ongoing cases involving Deputy Chief Justice Kalpana Rawal and Justice Philip Tunoi have for instance clouded the work of the court.

Overview
  • Chairman of ELOG Brian Weke has said that the ongoing cases involving Deputy Chief Justice Kalpana Rawal and Justice Philip Tunoi have for instance clouded the work of the court.
  • “Rawal’s case for starters has split judges into different camps. The matter had previously been addressed by the High Court and by the Court of Appeal where five judges made a decision. That is clearly where that matter would have ended in terms of appeal,” Weke said.
  • Weke says that the court should not be viewed by Kenyans as divided, rather, it should be known for its ability to arbitrate over electoral disputes and attendant legal issues.

“Rawal’s case for starters has split judges into different camps. The matter had previously been addressed by the High Court and by the Court of Appeal where five judges made a decision. That is clearly where that matter would have ended in terms of appeal,” Weke said.

Weke says that the court should not be viewed by Kenyans as divided, rather, it should be known for its ability to arbitrate over electoral disputes and attendant legal issues.

“Even though independent individually, Supreme Court judges should foster an environment in which the independence is not perceived by the public as a fight between individuals. They should instead forge a united front so as to avoid the emergence of camps within the highest court in the land,” he said.

“You have already seen the upcoming political machinations. We want them to work as a team so that the decision given by the Supreme Court is a unifying decision made by the five-judge bench,” he added.

The group has also asked that the decision concerning retirement age of Supreme Court judges be made quickly to protect the court from further adverse public scrutiny.

Additionally, the group has stated that the debate on the date of the next general elections should be stopped. According to the organization, the constitution is clear on when the elections should be held and there should be no debate about it.

“The debate should stop so that we can cushion the country from uncertainty and confusion.”

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