Bottomline: The Judiciary seems to have been influenced by the political society. The key involvement of politicians in the court has really questioned the independence of the Judiciary as is stipulated in the Kenyan constitution.
By Joy Njeri
In the recent past the political society has been accused of using the courts to violate the mandated calendar of Independent Electoral and Boundaries Commission (IEBC)
The Judiciary seems to have been influenced by the political society. The key involvement of politicians in the court has really questioned the independence of the Judiciary as is stipulated in the Kenyan constitution. The independence of Judiciary has to do with the court system not being subject to improper influence from Thee other Arms of the Government or from private or partisan interest.
The court has been used in different circumstances to serve political ambitions of some leaders in our country.
First it was nullification of all the former Isaac Hassan’s led team. Major decisions were made throwing the Chebukati led team into disarray. The court illegalized all the decisions made by former electoral commissioners under the leadership of former IEBC chair Isaac Hassan during the three month following their transition.
In the ruling following a complaint filed by CORD, the high court stated it would not sit back and watch a completely flawed process. IEBC had been accused of having a part to play in the post-election violence of 2008 by failure to conduct elections in a credible manner therefore aggrieving some contestants.
As a result, there was an extension of voter registration timelines
There was also the extension of nomination period by a court order because some the political parties were not adequately prepared and therefore the activities had to redone. The extension of nomination dates has costed the respective parties time that would otherwise have been used to settle disputes arising from the nominations by different political parties.
Mr. Chebukati acknowledged that timeline for dispute resolutions had been interfered with
The opposition coalition presented a petition in court that IEBC should scrap the 3 billion tender that had been awarded to Gemalto company based in South Africa. This sent IEBC back to the drawing board and had to re advertise the tender
So the big question remains, Is the independence of Judiciary and other Independent Commission upheld?
The writer is Joy Njeri, communication student in The school of Human resource
Joy Njeri @ facebook .com