Experts laud Kenya's Chief Justice over election petition judgement

Nov 01, 2019

Prof. MicheloHasungule, Felix Odhiambo Owour, Executive Director Electoral Law and Governance Institute of Africa and Dr. Adem Abebe lauded Kenya’s Supreme Court for its trailblazing judgment.

JUSTICE      

KAMPALA - In September 2017, Kenya's Supreme Court caused a ripple across Africa when it became the first to annul a presidential election and order a rerun.

In his leading judgment, Kenya's Chief Justice, David Maraga faulted the electoral process, which he noted was replete with illegalities and irregularities that court couldn't close its eyes to.

During the ongoing Fourth African Judicial Dialogue at Munyonyo, on Thursday legal experts from different parts of the world extolled Maraga for his bravery and setting an example that a presidential election can be annulled and the country does not descend into chaos.

Prof. MicheloHasungule, Felix Odhiambo Owour, Executive Director Electoral Law and Governance Institute of Africa and Dr. Adem Abebe lauded Kenya's Supreme Court for its trailblazing judgment.

 ganda upreme ourt udge lizabeth ibatemwa left talks to the lectoral aw and overnance nstitute for frica xecutive irector elix wuor Uganda Supreme Court Judge Elizabeth Tibatemwa (left) talks to the Electoral Law and Governance Institute for Africa Executive Director Felix Owuor

 
"It is very simple for judges to nullify elections for mayors and lawmakers, but find it hard to cancel a presidential election. People do not fight when they do not have food but are willing to kill over a ballot paper," Hansungule of the Center for Human Rights, University of Pretoria said.

Odhiambo noted that flawed elections in some parts of the developing world have been a major cause of protracted civil wars.

According to Odhiambo, the judiciary ought to play its role in properly handling Presidential elections, canceling those where evidence is weighty enough to support their decisions.

 
Over the last ten years, a number of African countries have been treated to litigation seeking to overturn presidential elections.

This has been the case in Uganda, Malawi, Nigeria and recently in Zimbabwe where Movement for Democratic Change's Nelson Chamisa unsuccessfully sought to have President Emmerson Mnangagwa's victory overturned.

 
However, besides Kenya, no presidential election has been annulled despite observers impeaching the manner in which these elections have been conducted.

Maraga is one of the justices from 43 African countries that are attending the Fourth African Judicial Dialogue which will be concluded today. 

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